As Introduced

124th General Assembly
Regular Session
2001-2002
S. B. No. 123


SENATOR Oelslager

A BILL
To amend sections 9.981, 119.062, 733.40, 1547.11,1
1547.111, 1547.99, 1901.024, 1901.31, 1905.01,2
1905.201, 1907.20, 2151.354, 2152.19, 2152.21,3
2743.191, 2743.51, 2743.52, 2903.04, 2903.06,4
2903.08, 2907.24, 2919.22, 2921.331, 2923.01,5
2923.122, 2925.01, 2925.02, 2925.03, 2925.04,6
2925.05, 2925.06, 2925.11, 2925.12, 2925.13,7
2925.14, 2925.22, 2925.23, 2925.31, 2925.32,8
2925.36, 2925.37, 2925.38, 2929.01, 2929.13,9
2929.14, 2929.15, 2929.16, 2929.17, 2929.18,10
2929.19, 2929.23, 2929.41, 2935.03, 2935.27,11
2937.221, 2937.222, 2937.46, 2937.99, 2951.02,12
2953.31, 2953.36, 3123.55, 3123.58, 3123.59,13
3123.613, 3327.10, 3793.02, 3793.10, 3937.31,14
4301.99, 4501.01, 4501.022, 4501.17, 4501.19,15
4501.25, 4503.033, 4503.05, 4503.061, 4503.066,16
4503.10, 4503.102, 4503.11, 4503.12, 4503.182,17
4503.19, 4503.21, 4503.231, 4503.233, 4503.234,18
4503.236, 4503.28, 4503.30, 4503.301, 4503.32,19
4503.34, 4503.39, 4503.44, 4503.46, 4503.47,20
4503.471, 4505.101, 4505.102, 4505.11, 4505.111,21
4505.15, 4505.17, 4505.18, 4505.181, 4505.19,22
4505.20, 4505.21, 4505.99, 4506.01, 4506.02,23
4506.03, 4506.04, 4506.05, 4506.06, 4506.10,24
4506.11, 4506.12, 4506.14, 4506.15, 4506.16,25
4506.17, 4506.18, 4506.19, 4506.20, 4506.99,26
4507.02, 4507.022, 4507.023, 4507.05, 4507.06,27
4507.061, 4507.071, 4507.08, 4507.081, 4507.111,28
4507.12, 4507.13, 4507.14, 4507.15, 4507.16,29
4507.161, 4507.162, 4507.163, 4507.164, 4507.167,30
4507.168, 4507.169, 4507.1610, 4507.1611,31
4507.1613, 4507.17, 4507.19, 4507.20, 4507.21,32
4507.25, 4507.27, 4507.28, 4507.29, 4507.30,33
4507.31, 4507.321, 4507.33, 4507.34, 4507.35,34
4507.36, 4507.361, 4507.38, 4507.45, 4507.50,35
4507.52, 4507.54, 4507.55, 4507.61, 4507.62,36
4507.63, 4507.99, 4508.03, 4508.04, 4508.06,37
4509.02, 4509.101, 4509.17, 4509.24, 4509.291,38
4509.33, 4509.34, 4509.35, 4509.37, 4509.40,39
4509.42, 4509.45, 4509.74, 4509.77, 4509.78,40
4509.79, 4509.80, 4509.81, 4511.01, 4511.03,41
4511.051, 4511.11, 4511.12, 4511.132, 4511.16,42
4511.17, 4511.18, 4511.19, 4511.191, 4511.192,43
4511.193, 4511.195, 4511.196, 4511.20, 4511.201,44
4511.202, 4511.21, 4511.211, 4511.213, 4511.22,45
4511.23, 4511.25, 4511.251, 4511.26, 4511.27,46
4511.28, 4511.29, 4511.30, 4511.31, 4511.32,47
4511.33, 4511.34, 4511.35, 4511.36, 4511.37,48
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,49
4511.43, 4511.431, 4511.432, 4511.44, 4511.441,50
4511.45, 4511.451, 4511.452, 4511.46, 4511.47,51
4511.48, 4511.481, 4511.49, 4511.50, 4511.51,52
4511.511, 4511.521, 4511.53, 4511.54, 4511.55,53
4511.56, 4511.57, 4511.58, 4511.59, 4511.60,54
4511.61, 4511.62, 4511.63, 4511.64, 4511.66,55
4511.661, 4511.68, 4511.681, 4511.69, 4511.70,56
4511.701, 4511.71, 4511.711, 4511.712, 4511.713,57
4511.72, 4511.73, 4511.74, 4511.75, 4511.751,58
4511.76, 4511.761, 4511.762, 4511.763, 4511.764,59
4511.77, 4511.771, 4511.772, 4511.78, 4511.79,60
4511.81, 4511.82, 4511.84, 4511.85, 4511.951,61
4511.99, 4513.02, 4513.021, 4513.022, 4513.03,62
4513.04, 4513.05, 4513.06, 4513.07, 4513.071,63
4513.09, 4513.10, 4513.11, 4513.111, 4513.12,64
4513.13, 4513.14, 4513.15, 4513.16, 4513.17,65
4513.171, 4513.18, 4513.182, 4513.19, 4513.20,66
4513.201, 4513.202, 4513.21, 4513.22, 4513.23,67
4513.24, 4513.241, 4513.242, 4513.25, 4513.26,68
4513.261, 4513.262, 4513.27, 4513.28, 4513.29,69
4513.30, 4513.31, 4513.32, 4513.34, 4513.36,70
4513.361, 4513.51, 4513.60, 4513.64, 4513.65,71
4513.99, 4517.02, 4517.03, 4517.19, 4517.20,72
4517.21, 4517.22, 4517.23, 4517.24, 4517.25,73
4517.26, 4517.27, 4517.40, 4517.41, 4517.42,74
4517.43, 4517.44, 4517.45, 4517.64, 4517.99,75
4519.02, 4519.05, 4519.06, 4519.20, 4519.22,76
4519.40, 4519.41, 4519.44, 4519.45, 4519.52,77
4519.66, 4519.67, 4549.01, 4549.02, 4549.021,78
4549.03, 4549.042, 4549.08, 4549.10, 4549.11,79
4549.12, 4549.18, 4549.42, 4549.43, 4549.44,80
4549.45, 4549.451, 4549.46, 4549.62, 4551.04,81
4561.11, 4561.12, 4561.14, 4561.15, 4561.22,82
4561.24, 4561.31, 4561.99, 4563.09, 4563.10,83
4563.20, 4582.06, 4582.31, 4582.59, 4583.01,84
5120.032, 5120.033, 5120.161, 5503.22, and85
5743.99; to revive and amend section 4513.263; to86
amend, for the purpose of adopting new section87
numbers as indicated in parentheses, sections88
4507.022 (4510.038), 4507.061 (4510.32), 4507.16189
(4510.23), 4507.162 (4510.31), 4507.163 (4510.33),90
4507.167 (4510.34), 4507.168 (4510.22), 4507.16991
(4510.17), 4507.1610 (4510.06), 4507.161192
(4510.05), 4507.1613 (4510.07), 4507.25 (4501.34),93
4507.26 (4501.35), 4507.27 (4501.36), 4507.2894
(4501.37), 4507.29 (4501.38), 4507.33 (4511.203),95
4507.34 (4510.15), 4507.361 (4510.161), 4507.3896
(4510.41), 4507.54 (4510.52), 4507.55 (4510.53),97
4507.60 (4510.61), 4507.61 (4510.62), 4507.6298
(4510.63), 4507.63 (4510.64), 4511.95 (4510.71),99
and 4511.951 (4510.72); to enact sections 4508.09,100
4510.01, 4510.02, 4510.021, 4510.03, 4510.031,101
4510.032, 4510.034, 4510.035, 4510.036, 4510.037,102
4510.04, 4510.10, 4510.11, 4510.12, 4510.13,103
4510.14, 4510.16, 4510.21, 4510.311, 4510.43,104
4510.44, 4510.54, 4511.181, 4511.194, 4511.197,105
and 4549.52; to repeal sections 3123.611,106
4503.235, 4503.99, 4507.012, 4507.021, 4507.165,107
4507.166, 4507.18, 4508.99, 4509.105, 4509.31,108
4509.32, 4509.99, 4511.83, 4511.991, 4513.263,109
4519.99, 4549.99, 4551.99, 4563.99, 4582.99, and110
4583.99 of the Revised Code to adopt, effective111
January 1, 2003, the Ohio Criminal Sentencing112
Commission's Traffic Proposals, with113
modifications, and related changes in the traffic114
laws, and to make an appropriation.115


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

       Section 1.  That sections 9.981, 119.062, 733.40, 1547.11,116
1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201, 1907.20,117
2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52, 2903.04,118
2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01, 2923.122,119
2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11,120
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32,121
2925.36, 2925.37, 2925.38, 2929.01, 2929.13, 2929.14, 2929.15,122
2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41, 2935.03,123
2935.27, 2937.221, 2937.222, 2937.46, 2937.99, 2951.02, 2953.31,124
2953.36, 3123.55, 3123.58, 3123.59, 3123.613, 3327.10, 3793.02,125
3793.10, 3937.31, 4301.99, 4501.01, 4501.022, 4501.17, 4501.19,126
4501.25, 4503.033, 4503.05, 4503.061, 4503.066, 4503.10, 4503.102,127
4503.11, 4503.12, 4503.182, 4503.19, 4503.21, 4503.231, 4503.233,128
4503.234, 4503.236, 4503.28, 4503.30, 4503.301, 4503.32, 4503.34,129
4503.39, 4503.44, 4503.46, 4503.47, 4503.471, 4505.101, 4505.102,130
4505.11, 4505.111, 4505.15, 4505.17, 4505.18, 4505.181, 4505.19,131
4505.20, 4505.21, 4505.99, 4506.01, 4506.02, 4506.03, 4506.04,132
4506.05, 4506.06, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15,133
4506.16, 4506.17, 4506.18, 4506.19, 4506.20, 4506.99, 4507.02,134
4507.022, 4507.023, 4507.05, 4507.06, 4507.061, 4507.071, 4507.08,135
4507.081, 4507.111, 4507.12, 4507.13, 4507.14, 4507.15, 4507.16,136
4507.161, 4507.162, 4507.163, 4507.164, 4507.167, 4507.168,137
4507.169, 4507.1610, 4507.1611, 4507.1613, 4507.17, 4507.19,138
4507.20, 4507.21, 4507.25, 4507.27, 4507.28, 4507.29, 4507.30,139
4507.31, 4507.321, 4507.33, 4507.34, 4507.35, 4507.36, 4507.361,140
4507.38, 4507.45, 4507.50, 4507.52, 4507.54, 4507.55, 4507.61,141
4507.62, 4507.63, 4507.99, 4508.03, 4508.04, 4508.06, 4509.02,142
4509.101, 4509.17, 4509.24, 4509.291, 4509.33, 4509.34, 4509.35,143
4509.37, 4509.40, 4509.42, 4509.45, 4509.74, 4509.77, 4509.78,144
4509.79, 4509.80, 4509.81, 4511.01, 4511.03, 4511.051, 4511.11,145
4511.12, 4511.132, 4511.16, 4511.17, 4511.18, 4511.19, 4511.191,146
4511.192, 4511.193, 4511.195, 4511.196, 4511.20, 4511.201,147
4511.202, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25,148
4511.251, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,149
4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38,150
4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432,151
4511.44, 4511.441, 4511.45, 4511.451, 4511.452, 4511.46, 4511.47,152
4511.48, 4511.481, 4511.49, 4511.50, 4511.51, 4511.511, 4511.521,153
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,154
4511.60, 4511.61, 4511.62, 4511.63, 4511.64, 4511.66, 4511.661,155
4511.68, 4511.681, 4511.69, 4511.70, 4511.701, 4511.71, 4511.711,156
4511.712, 4511.713, 4511.72, 4511.73, 4511.74, 4511.75, 4511.751,157
4511.76, 4511.761, 4511.762, 4511.763, 4511.764, 4511.77,158
4511.771, 4511.772, 4511.78, 4511.79, 4511.81, 4511.82, 4511.84,159
4511.85, 4511.951, 4511.99, 4513.02, 4513.021, 4513.022, 4513.03,160
4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.10,161
4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16,162
4513.17, 4513.171, 4513.18, 4513.182, 4513.19, 4513.20, 4513.201,163
4513.202, 4513.21, 4513.22, 4513.23, 4513.24, 4513.241, 4513.242,164
4513.25, 4513.26, 4513.261, 4513.262, 4513.27, 4513.28, 4513.29,165
4513.30, 4513.31, 4513.32, 4513.34, 4513.36, 4513.361, 4513.51,166
4513.60, 4513.64, 4513.65, 4513.99, 4517.02, 4517.03, 4517.19,167
4517.20, 4517.21, 4517.22, 4517.23, 4517.24, 4517.25, 4517.26,168
4517.27, 4517.40, 4517.41, 4517.42, 4517.43, 4517.44, 4517.45,169
4517.64, 4517.99, 4519.02, 4519.05, 4519.06, 4519.20, 4519.22,170
4519.40, 4519.41, 4519.44, 4519.45, 4519.52, 4519.66, 4519.67,171
4549.01, 4549.02, 4549.021, 4549.03, 4549.042, 4549.08, 4549.10,172
4549.11, 4549.12, 4549.18, 4549.42, 4549.43, 4549.44, 4549.45,173
4549.451, 4549.46, 4549.62, 4551.04, 4561.11, 4561.12, 4561.14,174
4561.15, 4561.22, 4561.24, 4561.31, 4561.99, 4563.09, 4563.10,175
4563.20, 4582.06, 4582.31, 4582.59, 4583.01, 5120.032, 5120.033,176
5120.161, 5503.22, and 5743.99 be amended; to revive and amend177
section 4513.263; sections 4507.022 (4510.038), 4507.061178
(4510.32), 4507.161 (4510.23), 4507.162 (4510.31), 4507.163179
(4510.33), 4507.167 (4510.34), 4507.168 (4510.22), 4507.169180
(4510.17), 4507.1610 (4510.06), 4507.1611 (4510.05), 4507.1613181
(4510.07), 4507.25 (4501.34), 4507.26 (4501.35), 4507.27182
(4501.36), 4507.28 (4501.37), 4507.29 (4501.38), 4507.33183
(4511.203), 4507.34 (4510.15), 4507.361 (4510.161), 4507.38184
(4510.41), 4507.54 (4510.52), 4507.55 (4510.53), 4507.60185
(4510.61), 4507.61 (4510.62), 4507.62 (4510.63), 4507.63186
(4510.64), 4511.95 (4510.71), and 4511.951 (4510.72) be amended187
for the purpose of adopting new section numbers as indicated in188
parentheses; and sections 4508.09, 4510.01, 4510.02, 4510.021,189
4510.03, 4510.031, 4510.032, 4510.034, 4510.035, 4510.036,190
4510.037, 4510.04, 4510.10, 4510.11, 4510.12, 4510.13, 4510.14,191
4510.16, 4510.21, 4510.311, 4510.43, 4510.44, 4510.54, 4511.181,192
4511.194, 4511.197, and 4549.52 of the Revised Code be enacted to193
read as follows:194

       Sec. 9.981.  (A) Sections 9.98 to 9.983 of the Revised Code195
are applicable to bonds:196

       (1) The payment of the debt service on which is to be197
provided for directly or indirectly by payments contracted to be198
made in the bond proceedings by the absolute obligors, being199
persons other than the issuer; and200

       (2) Which are authorized to be issued under sections 122.39201
to 122.62, Chapter 165., 902., 3377., 3706., division (D)(A)(4) of202
section 4582.06, division (H)(A)(8) of section 4582.31, section203
4582.48, or Chapter 6121. or 6123. of the Revised Code,204
notwithstanding other provisions therein.205

       (B) Sections 9.98 to 9.983 of the Revised Code are206
applicable to bonds issued under Chapters 140., 152., 154., 175.,207
and 349. of the Revised Code, and to any bonds authorized under208
laws which expressly make those sections applicable.209

       (C) Subject to division (A) of this section, the authority210
provided in sections 9.98 to 9.983 of the Revised Code is211
supplemental to and not in derogation of any similar authority212
provided by, derived from, or implied by, any law, the Ohio213
Constitution, or any charter, resolution, or ordinance, and no214
inference shall be drawn to negate the authority thereunder by215
reason of the express provisions of sections 9.98 to 9.983 of the216
Revised Code.217

       (D) Sections 9.98 to 9.983 of the Revised Code shall be218
liberally construed to permit flexibility in the arrangements219
therein provided to enhance the issuance of such bonds and provide220
for terms most beneficial and satisfactory to the persons which221
undertake to provide for their payment, security, and liquidity.222

       Sec. 119.062.  (A) Notwithstanding section 119.06 of the223
Revised Code, the registrar of motor vehicles is not required to224
hold any hearing in connection with an order revokingcanceling or225
suspending a motor vehicle driver's or commercial driver's license226
pursuant to section 4507.16, 4509.24, 4509.291, 4509.31, 4509.33,227
4509.37, 4509.39, 4509.42, 4509.66, 4511.191, or 4511.1962903.06,228
2903.08, 2907.24, 2921.331, 4549.02, 4549.021,or5743.99or any229
provision of Chapter 2925., 4509., 4510., or4511. of the Revised230
Code or in connection with an out-of-service order issued under231
Chapter 4506. of the Revised Code.232

       (B) Notwithstanding section 119.07 of the Revised Code, the233
registrar is not required to use registered mail, return receipt234
requested, in connection with an order revokingcanceling or235
suspending a motor vehicle driver's or commercial driver's236
license, or a notification to a person to surrender a certificate237
of registration and registration plates.238

       Sec. 733.40.  Except as otherwise provided in section239
4511.193 of the Revised Code, all fines, forfeitures, and costs in240
ordinance cases and all fees that are collected by the mayor, or241
whichthat in any manner come into histhe mayor's hands, or which242
that are due suchthe mayor or a marshal, chief of police, or243
other officer of the municipal corporation, any other fees and244
expenses whichthat have been advanced out of the treasury of the245
municipal corporation, and all money received by suchthe mayor246
for the use of suchthe municipal corporation, shall be paid by247
himthe mayor into suchthe treasury of the municipal corporation248
on the first Monday of each month. At the first regular meeting249
of the legislative authority each month, the mayor shall submit a250
full statement of all money received, from whom and for what251
purposes received, and when paid into the treasury. Except as252
otherwise provided by sections 3375.50 to 3375.52 or 4511.99253
4511.19 of the Revised Code, all fines, and forfeitures collected254
by the mayor in state cases, together with all fees and expenses255
collected whichthat have been advanced out of the county256
treasury, shall be paid by himthe mayor to the county treasury on257
the first business day of each month. Except as otherwise258
provided by sections 3375.50 to 3375.52 or 4511.994511.19 of the259
Revised Code, the mayor shall pay all court costs and fees260
collected by the mayor in state cases shall be paid by him into261
the municipal treasury on the first business day of each month.262

       This section does not apply to fines collected by a mayor's263
court for violations of division (B) of section 4513.263 of the264
Revised Code, or for violations of any municipal ordinance that is265
substantively comparable to that division, all of which shall be266
forwarded to the treasurer of state as provided in division (E) of267
section 4513.263 of the Revised Code.268

       Sec. 1547.11.  (A) No person shall operate or be in physical269
control of any vessel underway or shall manipulate any water skis,270
aquaplane, or similar device on the waters in this state if,at271
the time of the operation, control, or manipulation, any of the272
following applies:273

       (1) The person is under the influence of alcohol or, a drug274
of abuse, or the combined influence of alcohol and a drug of275
abuse;a combination of them.276

       (2) The person has a concentration of ten-hundredths of one277
per cent or more by weight of alcohol per unit volume in the278
person's whole blood;.279

       (3) The person has a concentration of twelve-hundredths of280
one per cent or more by weight per unit volume of alcohol in the281
person's blood serum or plasma.282

       (4) The person has a concentration of fourteen-hundredths of283
one gram or more by weight of alcohol per one hundred milliliters284
of the person's urine;.285

       (4)(5) The person has a concentration of ten-hundredths of286
one gram or more by weight of alcohol per two hundred ten liters287
of the person's breath.288

       (B) No person under twenty-one years of age shall operate or289
be in physical control of any vessel underway or shall manipulate290
any water skis, aquaplane, or similar device on the waters in this291
state if,at the time of the operation, control, or manipulation,292
any of the following applies:293

       (1) The person has a concentration of at least294
two-hundredths of one per cent, but less than ten-hundredths of295
one per cent by weight per unit volume of alcohol in the person's296
whole blood;.297

       (2) The person has a concentration of at least298
three-hundredths of one per cent but less than twelve-hundredths299
of one per cent by weight per unit volume of alcohol in the300
person's blood serum or plasma.301

       (3) The person has a concentration of at least twenty-eight302
one-thousandths of one gram, but less than fourteen-hundredths of303
one gram by weight of alcohol per one hundred milliliters of the304
person's urine;.305

       (3)(4) The person has a concentration of at least306
two-hundredths of one gram, but less than ten-hundredths of one307
gram by weight of alcohol per two hundred ten liters of the308
person's breath.309

       (C) In any proceeding arising out of one incident, a person310
may be charged with a violation of division (A)(1) and a violation311
of division (B)(1), (2), or (3),or(4) of this section, but the312
person shall not be convicted of more than one violation of those313
divisions.314

       (D)(1) In any criminal prosecution or juvenile court315
proceeding for a violation of this section or of an ordinance of316
any municipal corporation relating to operating a vessel or using317
any water skis, aquaplane, or similar device while under the318
influence of alcohol or a drug of abusefor an equivalent319
violation, the court may admit evidence on the concentration of320
alcohol or a drug,drugs of abuse,or a combination of them in the321
defendant's or child's whole blood, blood serum or plasma, urine,322
or breath at the time of the alleged violation as shown by323
chemical analysis of the defendant's blood, urine, or breath324
substance withdrawn, or specimen taken within two hours of the325
time of the alleged violation.326

       When a person submits to a blood test, only a physician, a327
registered nurse, or a qualified technician or, chemist,or328
phlebotomist shall withdraw blood for the purpose of determining329
itsthe alcohol or, drug of abuse,or alcohol and drug content of330
the whole blood, blood serum, or blood plasma. This limitation331
does not apply to the taking of breath or urine specimens. A332
physician, registered nurse, or qualified technician or chemist333
person authorized to withdraw blood under this division may refuse334
to withdraw blood for the purpose of determining its alcohol or335
drug of abuse contentunder this division if, in thethat person's336
opinion of the physician, nurse, or technician or chemist, the337
physical welfare of the persondefendant or child would be338
endangered by the withdrawing of blood.339

       The whole blood, blood serum or plasma, urine, or breath340
shall be analyzed in accordance with methods approved by the341
director of health by an individual possessing a valid permit342
issued by the director pursuant to section 3701.143 of the Revised343
Code.344

       If(2)In a criminal prosecution or juvenile court proceeding345
for a violation of division (A) of this section or for a violation346
of a prohibition that is substantially equivalent to division (A)347
of this section, if there was at the time the whole blood, blood348
serum or plasma, urine, or breath was taken a concentration of349
less than ten-hundredths of one per cent by weight of alcohol in350
the defendant's blood, less than fourteen-hundredths of one gram351
by weight of alcohol per one hundred milliters of the defendant's352
urine, or less than ten-hundredths of one gram by weight of353
alcohol per two hundred ten liters of the defendant's breaththe354
applicable concentration of alcohol specified for a violation of355
division (A)(2), (3), (4), or (5) of this section, that fact may356
be considered with other competent evidence in determining the357
guilt or innocence of the defendant or in making an adjudication358
for the child. This division does not limit or affect a criminal359
prosecution or juvenile court proceeding for a violation of360
division (B) of this section or for a violation of a prohibition361
that is substantially equivalent to that division.362

       (3) Upon the request of the person who was tested, the363
results of the chemical test shall be made available to the person364
or the person's attorney or agent immediately upon the completion365
of the test analysis.366

       The person tested may have a physician, a registered nurse,367
or a qualified technician or, chemist,or phlebotomist of the368
person's own choosing administer a chemical test or tests in369
addition to any administered at the direction of a law enforcement370
officer, and shall be so advised. The failure or inability to371
obtain an additional test by a person shall not preclude the372
admission of evidence relating to the test or tests taken at the373
direction of a law enforcement officer.374

       A(E)(1)Subject to division (E)(3) of this section, in any375
criminal prosecution or juvenile court proceeding for a violation376
of this section or for an equivalent violation, the court shall377
admit as prima-facie evidence a laboratory report from any378
forensic laboratory certified by the department of health that379
contains an analysis of the whole blood, blood serum or plasma,380
breath, urine, or other bodily substance tested and that contains381
all of the information specified in this division. The laboratory382
report shall contain all of the following:383

       (a) The signature, under oath, of any person who performed384
the analysis;385

       (b) Any findings as to the identity and quantity of alcohol,386
a drug of abuse, or a combination of them that was found;387

       (c) A copy of a notarized statement by the laboratory388
director or a designee of the director that contains the name of389
each certified analyst or test performer involved with the report,390
the analyst's or test performer's employment relationship with the391
laboratory that issued the report, and a notation that performing392
an analysis of the type involved is part of the analyst's or test393
performer's regular duties;394

       (d) An outline of the analyst's or test performer's395
education, training, and experience in performing the type of396
analysis involved and a certification that the laboratory397
satisfies appropriate quality control standards in general and, in398
this particular analysis, under rules of the department of health.399

       (2) Notwithstanding any other provision of law regarding the400
admission of evidence, a report of the type described in division401
(E)(1) of this section is not admissible against the defendant or402
child to whom it pertains in any proceeding, other than a403
preliminary hearing or a grand jury proceeding, unless the404
prosecutor has served a copy of the report on the defendant's or405
child's attorney or, if the defendant or child has no attorney, on406
the defendant or child.407

       (3) A report of the type described in division (E)(1) of408
this section shall not be prima-facie evidence of the contents,409
identity, or amount of any substance if, within seven days after410
the defendant or child to whom the report pertains or the411
defendant's or child's attorney receives a copy of the report, the412
defendant or child or the defendant's or child's attorney demands413
the testimony of the person who signed the report. The judge in414
the case may extend the seven-day time limit in the interest of415
justice.416

       (F) Except as otherwise provided in this division, any417
physician, registered nurse, or qualified technician or, chemist,418
or phlebotomist who withdraws blood from a person pursuant to this419
section, and a hospital, first-aid station, or clinic at which420
blood is withdrawn from a person pursuant to this section, is421
immune from criminal liability, and from civil liability that is422
based upon a claim of assault and battery or based upon any other423
claim that is not in the nature of a claim of malpractice, for any424
act performed in withdrawing blood from the person. The immunity425
provided in this division is not available to a person who426
withdraws blood if the person engages in willful or wanton427
misconduct.428

       (E) For the purposes of(G)As used in this section,429
"operateand section 1547.111 of the Revised Code:430

       (1) "Equivalent violation" means a violation of a municipal431
ordinance, law of another state, or law of the United States that432
is substantially equivalent to division (A) or (B) of this433
section.434

       (2) "Operate" means that a vessel is being used on the waters435
in this state when the vessel is not securely affixed to a dock or436
to shore or to any permanent structure to which the vessel has the437
right to affix or that a vessel is not anchored in a designated438
anchorage area or boat camping area that is established by the439
United States coast guard, this state, or a political subdivision440
and in which the vessel has the right to anchor.441

       Sec. 1547.111.  (A)(1) Any person who operates or is in442
physical control of a vessel or uses any water skis, aquaplane, or443
similar device upon any waters in this state shall be deemed to444
have given consent to a chemical test or tests of the person's445
blood, breath, or urine for the purpose of determining itsto446
determine the alcohol or, drug of abuse,or alcohol and drug of447
abuse content of the person's whole blood, blood serum or plasma,448
breath, or urine if arrested for the offense of operating or being449
in physical control of a vessel or usingmanipulating any water450
skis, aquaplane, or similar device in violation of section 1547.11451
of the Revised Code or a substantially equivalent municipal452
ordinance. The453

       (2)The test or tests under division (A) of this section454
shall be administered at the direction of a law enforcement455
officer having reasonable grounds to believe the person to have456
beenwas operating or in physical control of a vessel or using457
manipulating any water skis, aquaplane, or similar device in458
violation of section 1547.11 of the Revised Code or a459
substantially equivalent municipal ordinance. The law enforcement460
agency by which the officer is employed shall designate which of461
thetest or tests shall be administered.462

       (B) Any person who is dead,or unconscious, or who otherwise463
is in a condition rendering the person incapable of refusal shall464
be deemed not to have withdrawn consentconsented as provided by465
in division (A)(1) of this section, and the test or tests may be466
administered, subject to sections 313.12 to 313.16 of the Revised467
Code.468

       (C) Any person under arrest for the offense of operating a469
vessel or using any water skis, aquaplane, or similar device in470
violation ofviolating section 1547.11 of the Revised Code or a471
substantially equivalent municipal ordinance shall be advised of472
the consequences of refusing to submit to a chemical test or tests473
designated by the law enforcement agency as provided in division474
(A) of this section. The advice shall be in a written form475
prescribed by the chief of the division of watercraft and shall be476
read to the person. The form shall contain a statement that the477
form was shown to the person under arrest and read to the person478
in the presence ofby the arresting officer and either another law479
enforcement officer, a civilian law enforcement employee, or an480
employee of a hospital, first-aid station, or clinic, if any, to481
which the person has been taken for first-aid or medical482
treatment. The reading of the form shall be witnessed by one or483
more persons, and the witnesses shall certify to this fact by484
signing the form.485

       (D) If a law enforcement officer asks a person under arrest486
for the offense of operating a vessel or using any water skis,487
aquaplane, or similar device in violation ofviolating section488
1547.11 of the Revised Code refuses upon the request of a law489
enforcement officeror a substantially equivalent municipal490
ordinance to submit to a chemical test designated by the law491
enforcement agencyor tests as provided in division (A) of this492
section, after first having been advisedif the arresting officer493
advises the person of the consequences of the person's refusal as494
provided in division (C) of this section, and if the person495
refuses to submit, no chemical test shall be given, but the chief,496
upon.Upon receipt of a sworn statement of the law enforcement497
officer that the arresting law enforcement officer had reasonable498
grounds to believe the arrested person had been operating a vessel499
or using any water skis, aquaplane, or similar device while under500
the influence of alcohol or a drug of abuse, under the combined501
influence of alcohol and a drug of abuse, or with a prohibited502
concentration of alcohol in the person's blood, urine, or breath,503
violated section 1547.11 of the Revised Code or a substantially504
equivalent municipal ordinance and that the person refused to505
submit to the chemical test upon the request of the law506
enforcement officer, and upon receipt of the form as provided in507
division (C) of this section certifying that the arrested person508
was advised of the consequences of the refusal, the chief of the509
division of watercraft shall inform the person by written notice510
that the person is prohibited from operating or being in physical511
control of a vessel or,from using any water skis, aquaplane, or512
similar device, and is prohibited from registering any watercraft513
in accordance with section 1547.54 of the Revised Code, for one514
year following the date of the alleged violation of section515
1547.11 of the Revised Code. The suspension of these operation,516
physical control, use, and registration privileges shall continue517
for the entire one-year period, subject to review as provided in518
this section.519

       If the person under arrest is the owner of the vessel520
involved in the alleged violation, the law enforcement officer who521
arrested the person shall seize the watercraft registration522
certificate and tags from the vessel involved in the violation and523
forward them to the chief. The chief, in addition to informing524
the person by written notice that the person is prohibited from525
operating a vessel or using any water skis, aquaplane, or similar526
device, and from registering any watercraft in accordance with527
section 1547.54 of the Revised Code, for one year following the528
date of the alleged violation, shall retain the impounded529
registration certificate and tags, and shall impound all other530
registration certificates and tags issued to the person in531
accordance with sections 1547.54 and 1547.57 of the Revised Code,532
for a period of one year following the date of the alleged533
violation, subject to review as provided in this section.534

       If the arrested person fails to surrender the registration535
certificate because it is not on the person of the arrested person536
or in the watercraft, the law enforcement officer who made the537
arrest shall order the person to surrender it within twenty-four538
hours to the law enforcement officer or the law enforcement agency539
that employs the law enforcement officer. If the person fails to540
do so, the law enforcement officer shall notify the chief of that541
fact in the statement the officer submits to the chief under this542
division.543

       (E) Upon suspending a person's operation, physical control,544
use, and registration privileges in accordance with division (D)545
of this section, the chief shall notify the person in writing, at546
the person's last known address, and inform the person that the547
person may petition for a hearing in accordance with division (F)548
of this section. If a person whose operation, physical control,549
use, and registration privileges have been suspended petitions for550
a hearing or appeals any adverse decision that is adverse to the551
person, the suspension of privileges shall begin at the552
termination of any hearing or appeal unless the hearing or appeal553
resultedresults in a decision favorable to the person.554

       (F) Any person who has been notified by the chief that the555
person is prohibited from operating or being in physical control556
of a vessel or using any water skis, aquaplane, or similar device557
and from registering any watercraft in accordance with section558
1547.54 of the Revised Code, or who has had the registration559
certificate and tags of the person's watercraft impounded pursuant560
to division (D) of this section, within twenty days of the561
notification or impoundment, may file a petition in the municipal562
court or the county court, or if the person is a minor in juvenile563
court, in whosewith jurisdiction over the place at which the564
arrest occurred, agreeing to pay the cost of the proceedings and565
alleging error in the action taken by the chief under division (D)566
of this section or alleging one or more of the matters within the567
scope of the hearing as provided in this section, or both. The568
petitioner shall notify the chief of the filing of the petition569
and send the chief a copy of the petition.570

       The scope of the hearing is limited to the issues of whether571
the law enforcement officer had reasonable grounds to believe the572
petitioner was operating or in physical control of a vessel or573
usingmanipulating any water skis, aquaplane, or similar device574
while under the influence of alcohol or a drug of abuse, under the575
combined influence of alcohol and a drug of abuse, or with a576
prohibited concentration of alcohol or a drug of abuse in the577
person's blood, urine, or breathin violation of section 1547.11578
of the Revised Code or a substantially equivalent municipal579
ordinance, whether the petitioner was placed under arrest, whether580
the petitioner refused to submit to the chemical test upon request581
of the officer, and whether the petitioner was advised of the582
consequences of the petitioner's refusal.583

       (G)(1) The chief shall furnish the court a copy of the584
affidavit as provided in division (C) of this section and any585
other relevant information requested by the court.586

       (2) In hearing the matter and in determining whether the587
person has shown error in the decision taken by the chief as588
provided in division (D) of this section, the court shall decide589
the issue upon the relevant, competent, and material evidence590
submitted by the chief or the person whose operation, physical591
control, use, and registration privileges have been suspended.592

       In the proceedings, the chief shall be represented by the593
prosecuting attorney of the county in which the petition is filed594
if the petition is filed in a county court or juvenile court,595
except that if the arrest occurred within a city or village within596
the jurisdiction of the county court in which the petition is597
filed, the city director of law or village solicitor of that city598
or village shall represent the chief. If the petition is filed in599
the municipal court, the chief shall be represented as provided in600
section 1901.34 of the Revised Code.601

       (3) If the court finds from the evidence submitted that the602
person has failed to show error in the action taken by the chief603
under division (D) of this section or in one or more of the604
matters within the scope of the hearing as provided in division605
(F) of this section, or both, the court shall assess the cost of606
the proceeding against the person and shall uphold the suspension607
of the operation, physical control, use, and registration608
privileges provided in division (D) of this section. If the court609
finds that the person has shown error in the action taken by the610
chief under division (D) of this section or in one or more of the611
matters within the scope of the hearing as provided in division612
(F) of this section, or both, the cost of the proceedings shall be613
paid out of the county treasury of the county in which the614
proceedings were held, the chief shall reinstate the operation,615
physical control, use, and registration privileges of the person616
shall be reinstated without charge, and the chief shall return the617
registration certificate and tags, if impounded, shall be returned618
without charge.619

       (4) The court shall give information in writing of any620
action taken under this section to the chief.621

       (H) At the end of any period of suspension or impoundment622
imposed under this section, and upon request of the person whose623
operation, physical control, use, and registration privileges were624
suspended or whose registration certificate and tags were625
impounded, the chief shall reinstate the person's operation,626
physical control, use, and registration privileges by written627
notice and return the certificate and tags.628

       (I) No person who has received written notice from the chief629
that the person is prohibited from operating or being in physical630
control of a vessel or,from using any water skis, aquaplane, or631
similar device, and from registering a watercraft, or who has had632
the registration certificate and tags of the person's watercraft633
impounded, in accordance with division (D) of this section, shall634
operate or be in physical control of a vessel or use any water635
skis, aquaplane, or similar device for a period of one year636
following the date of the person's alleged violation of section637
1547.11 of the Revised Code or the substantially equivalent638
municipal ordinance.639

       Sec. 1547.99.  (A) Whoever violates section 1547.91 of the640
Revised Code is guilty of a felony of the fourth degree.641

       (B) Whoever violates section 1547.10, division (I) of642
section 1547.111, section 1547.13, or section 1547.66 of the643
Revised Code is guilty of a misdemeanor of the first degree.644

       (C) Whoever violates a provision of this chapter or a rule645
adopted thereunder, for which no penalty is otherwise provided, is646
guilty of a minor misdemeanor.647

       (D) Whoever violates section 1547.07 or 1547.12 of the648
Revised Code without causing injury to persons or damage to649
property is guilty of a misdemeanor of the fourth degree.650

       (E) Whoever violates section 1547.07 or 1547.12 of the651
Revised Code causing injury to persons or damage to property is652
guilty of a misdemeanor of the third degree.653

       (F) Whoever violates division (M) of section 1547.54,654
division (G) of section 1547.30, or section 1547.131, 1547.25,655
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the656
Revised Code or a rule adopted under division (A)(2) of section657
1547.52 of the Revised Code is guilty of a misdemeanor of the658
fourth degree.659

       (G) Whoever violates section 1547.11 of the Revised Code is660
guilty of a misdemeanor of the first degree and shall be punished661
as provided in division (G)(1), (2), or (3) of this section.662

       (1) Except as otherwise provided in division (G)(2) or (3)663
of this section, the court shall sentence the offender to a term664
of imprisonment of three consecutive days and may sentence the665
offender pursuant to section 2929.21 of the Revised Code to a666
longer term of imprisonment. In addition, the court shall impose667
upon the offender a fine of not less than one hundred fifty nor668
more than one thousand dollars.669

       The court may suspend the execution of the mandatory three670
consecutive days of imprisonment that it is required to impose by671
division (G)(1) of this section if the court, in lieu of the672
suspended term of imprisonment, places the offender on probation673
and requires the offender to attend, for three consecutive days, a674
drivers' intervention program that is certified pursuant to675
section 3793.10 of the Revised Code. The court also may suspend676
the execution of any part of the mandatory three consecutive days677
of imprisonment that it is required to impose by division (G)(1)678
of this section if the court places the offender on probation for679
part of the three consecutive days; requires the offender to680
attend, for that part of the three consecutive days, a drivers'681
intervention program that is certified pursuant to section 3793.10682
of the Revised Code; and sentences the offender to a term of683
imprisonment equal to the remainder of the three consecutive days684
that the offender does not spend attending the drivers'685
intervention program. The court may require the offender, as a686
condition of probation, to attend and satisfactorily complete any687
treatment or education programs, in addition to the required688
attendance at a drivers' intervention program, that the operators689
of the drivers' intervention program determine that the offender690
should attend and to report periodically to the court on the691
offender's progress in the programs. The court also may impose692
any other conditions of probation on the offender that it693
considers necessary.694

       (2) If, within fivesix years of the offense, the offender695
has been convicted of or pleaded guilty to one violation of696
section 1547.11 of the Revised Code, of a municipal ordinance697
relating to operating a watercraft or manipulating any water skis,698
aquaplane, or similar device while under the influence of alcohol,699
a drug of abuse, or alcohol and a drug of abusea combination of700
them, of a municipal ordinance relating to operating a watercraft701
or manipulating any water skis, aquaplane, or similar device with702
a prohibited concentration of alcohol in the whole blood, blood703
serum or plasma, breath, or urine, of division (A)(1) of section704
2903.06 of the Revised Code, or of division (A)(2), (3), or (4) of705
section 2903.06 of the Revised Code or former section 2903.06 or706
2903.07 of the Revised Code as they existed prior to March23,707
2000, in a case in which the jury or judge found that the offender708
was under the influence of alcohol, a drug of abuse, or alcohol709
and a drug of abusea combination of them, the court shall710
sentence the offender to a term of imprisonment of ten consecutive711
days and may sentence the offender pursuant to section 2929.21 of712
the Revised Code to a longer term of imprisonment. In addition,713
the court shall impose upon the offender a fine of not less than714
one hundred fifty nor more than one thousand dollars.715

       In addition to any other sentence that it imposes upon the716
offender, the court may require the offender to attend a drivers'717
intervention program that is certified pursuant to section 3793.10718
of the Revised Code.719

       (3) If, within fivesix years of the offense, the offender720
has been convicted of or pleaded guilty to more than one violation721
identified in division (G)(2) of this section, the court shall722
sentence the offender to a term of imprisonment of thirty723
consecutive days and may sentence the offender to a longer term of724
imprisonment of not more than one year. In addition, the court725
shall impose upon the offender a fine of not less than one hundred726
fifty nor more than one thousand dollars.727

       In addition to any other sentence that it imposes upon the728
offender, the court may require the offender to attend a drivers'729
intervention program that is certified pursuant to section 3793.10730
of the Revised Code.731

       (4) Upon a showing that imprisonment would seriously affect732
the ability of an offender sentenced pursuant to division (G)(1),733
(2), or (3) of this section to continue the offender's employment,734
the court may authorize that the offender be granted work release735
from imprisonment after the offender has served the three, ten, or736
thirty consecutive days of imprisonment that the court is required737
by division (G)(1), (2), or (3) of this section to impose. No738
court shall authorize work release from imprisonment during the739
three, ten, or thirty consecutive days of imprisonment that the740
court is required by division (G)(1), (2), or (3) of this section741
to impose. The duration of the work release shall not exceed the742
time necessary each day for the offender to commute to and from743
the place of employment and the place of imprisonment and the time744
actually spent under employment.745

       (5) Notwithstanding any section of the Revised Code that746
authorizes the suspension of the imposition or execution of a747
sentence or the placement of an offender in any treatment program748
in lieu of imprisonment, no court shall suspend the ten or thirty749
consecutive days of imprisonment required to be imposed by750
division (G)(2) or (3) of this section or place an offender who is751
sentenced pursuant to division (G)(2) or (3) of this section in752
any treatment program in lieu of imprisonment until after the753
offender has served the ten or thirty consecutive days of754
imprisonment required to be imposed pursuant to division (G)(2) or755
(3) of this section. Notwithstanding any section of the Revised756
Code that authorizes the suspension of the imposition or execution757
of a sentence or the placement of an offender in any treatment758
program in lieu of imprisonment, no court, except as specifically759
authorized by division (G)(1) of this section, shall suspend the760
three consecutive days of imprisonment required to be imposed by761
division (G)(1) of this section or place an offender who is762
sentenced pursuant to division (G)(1) of this section in any763
treatment program in lieu of imprisonment until after the offender764
has served the three consecutive days of imprisonment required to765
be imposed pursuant to division (G)(1) of this section.766

       (H) Whoever violates section 1547.304 of the Revised Code is767
guilty of a misdemeanor of the fourth degree and also shall be768
assessed any costs incurred by the state or a county, township,769
municipal corporation, or other political subdivision in disposing770
of an abandoned junk vessel or outboard motor, less any money771
accruing to the state, county, township, municipal corporation, or772
other political subdivision from that disposal.773

       (I) Whoever violates division (B) or (C) of section 1547.49774
of the Revised Code is guilty of a minor misdemeanor.775

       (J) Whoever violates section 1547.31 of the Revised Code is776
guilty of a misdemeanor of the fourth degree on a first offense.777
On each subsequent offense, the person is guilty of a misdemeanor778
of the third degree.779

       (K) Whoever violates section 1547.05 or 1547.051 of the780
Revised Code is guilty of a misdemeanor of the fourth degree if781
the violation is not related to a collision, injury to a person,782
or damage to property and a misdemeanor of the third degree if the783
violation is related to a collision, injury to a person, or damage784
to property.785

       (L) The sentencing court, in addition to the penalty786
provided under this section for a violation of this chapter or a787
rule adopted under it that involves a powercraft powered by more788
than ten horsepower and that, in the opinion of the court,789
involves a threat to the safety of persons or property, shall790
order the offender to complete successfully a boating course791
approved by the national association of state boating law792
administrators before the offender is allowed to operate a793
powercraft powered by more than ten horsepower on the waters in794
this state. Violation of a court order entered under this795
division is punishable as contempt under Chapter 2705. of the796
Revised Code.797

       Sec. 1901.024.  (A) The board of county commissioners of798
Hamilton county shall pay all of the costs of operation of the799
Hamilton county municipal court. Subject to sections 3375.50,800
3375.53, 4511.19, 4511.193, 4511.99, and 5503.04 of the Revised801
Code and to any other section of the Revised Code that requires a802
specific manner of disbursement of any moneys received by a803
municipal court, the county shall receive all of the costs, fees,804
and other moneys, except fines collected for violations of805
municipal ordinances and for violations of township resolutions806
adopted pursuant to Chapter 504. of the Revised Code, that are807
received by the Hamilton county municipal court and shall receive808
fifty per cent of all of the fines for violations of municipal809
ordinances and for violations of township resolutions adopted810
pursuant to Chapter 504. of the Revised Code that are received by811
the court.812

       (B) The board of county commissioners of Lawrence county813
shall pay all of the costs of operation of the Lawrence county814
municipal court. Subject to sections 3375.50, 3375.53, 4511.19,815
4511.193, 4511.99, and 5503.04 of the Revised Code and to any816
other section of the Revised Code that requires a specific manner817
of disbursement of any moneys received by a municipal court, the818
county shall receive all of the costs, fees, and other moneys,819
except fines collected for violations of municipal ordinances and820
for violations of township resolutions adopted pursuant to Chapter821
504. of the Revised Code, that are received by the Lawrence county822
municipal court and shall receive fifty per cent of all of the823
fines for violations of municipal ordinances and for violations of824
township resolutions adopted pursuant to Chapter 504. of the825
Revised Code that are received by the court.826

       (C) The board of county commissioners of Ottawa county shall827
pay all of the costs of operation of the Ottawa county municipal828
court. Subject to sections 3375.50, 3375.53, 4511.19, 4511.193,829
4511.99, and 5503.04 of the Revised Code and to any other section830
of the Revised Code that requires a specific manner of831
disbursement of any moneys received by a municipal court, the832
county shall receive all of the costs, fees, and other moneys,833
except fines collected for violations of municipal ordinances and834
for violations of township resolutions adopted pursuant to Chapter835
504. of the Revised Code, that are received by the Ottawa county836
municipal court and shall receive fifty per cent of all of the837
fines for violations of municipal ordinances and for violations of838
township resolutions adopted pursuant to Chapter 504. of the839
Revised Code that are received by the court.840

       (D) The board of county commissioners of a county in which a841
county-operated municipal court is located shall pay all of the842
costs of operation of the municipal court. The county in which a843
county-operated municipal court that is not subject to division844
(A), (B), or (C) of this section is located shall receive all of845
the costs, fees, and other moneys, except fines collected for846
violations of municipal ordinances and for violations of township847
resolutions adopted pursuant to Chapter 504. of the Revised Code848
and except as provided in sections 3375.50, 3375.53, and 5503.04849
of the Revised Code and in any other section of the Revised Code850
that requires a specific manner of disbursement of any moneys851
received by a municipal court, that are received by the court.852

       Sec. 1901.31.  The clerk and deputy clerks of a municipal853
court shall be selected, be compensated, give bond, and have854
powers and duties as follows:855

       (A) There shall be a clerk of the court who is appointed or856
elected as follows:857

       (1)(a) Except in the Akron, Barberton, Cuyahoga Falls,858
Medina, Toledo, Clermont county, Hamilton county, Portage county,859
and Wayne county municipal courts, if the population of the860
territory equals or exceeds one hundred thousand at the regular861
municipal election immediately preceding the expiration of the862
term of the present clerk, the clerk shall be nominated and863
elected by the qualified electors of the territory in the manner864
that is provided for the nomination and election of judges in865
section 1901.07 of the Revised Code.866

       The clerk so elected shall hold office for a term of six867
years, which term shall commence on the first day of January868
following the clerk's election and continue until the clerk's869
successor is elected and qualified.870

       (b) In the Hamilton county municipal court, the clerk of871
courts of Hamilton county shall be the clerk of the municipal872
court and may appoint an assistant clerk who shall receive the873
compensation, payable out of the treasury of Hamilton county in874
semimonthly installments, that the board of county commissioners875
prescribes. The clerk of courts of Hamilton county, acting as the876
clerk of the Hamilton county municipal court and assuming the877
duties of that office, shall receive compensation at one-fourth878
the rate that is prescribed for the clerks of courts of common879
pleas as determined in accordance with the population of the880
county and the rates set forth in sections 325.08 and 325.18 of881
the Revised Code. This compensation shall be paid from the county882
treasury in semimonthly installments and is in addition to the883
annual compensation that is received for the performance of the884
duties of the clerk of courts of Hamilton county, as provided in885
sections 325.08 and 325.18 of the Revised Code.886

       (c) In the Portage county and Wayne county municipal courts,887
the clerks of courts of Portage county and Wayne county shall be888
the clerks, respectively, of the Portage county and Wayne county889
municipal courts and may appoint a chief deputy clerk for each890
branch that is established pursuant to section 1901.311 of the891
Revised Code and assistant clerks as the judges of the municipal892
court determine are necessary, all of whom shall receive the893
compensation that the legislative authority prescribes. The894
clerks of courts of Portage county and Wayne county, acting as the895
clerks of the Portage county and Wayne county municipal courts and896
assuming the duties of these offices, shall receive compensation897
payable from the county treasury in semimonthly installments at898
one-fourth the rate that is prescribed for the clerks of courts of899
common pleas as determined in accordance with the population of900
the county and the rates set forth in sections 325.08 and 325.18901
of the Revised Code.902

       (d) Except as otherwise provided in division (A)(1)(d) of903
this section, in the Akron municipal court, candidates for904
election to the office of clerk of the court shall be nominated by905
primary election. The primary election shall be held on the day906
specified in the charter of the city of Akron for the nomination907
of municipal officers. Notwithstanding section 3513.257 of the908
Revised Code, the nominating petitions of independent candidates909
shall be signed by at least two hundred fifty qualified electors910
of the territory of the court.911

       The candidates shall file a declaration of candidacy and912
petition, or a nominating petition, whichever is applicable, not913
later than four p.m. of the seventy-fifth day before the day of914
the primary election, in the form prescribed by section 3513.07 or915
3513.261 of the Revised Code. The declaration of candidacy and916
petition, or the nominating petition, shall conform to the917
applicable requirements of section 3513.05 or 3513.257 of the918
Revised Code.919

       If no valid declaration of candidacy and petition is filed by920
any person for nomination as a candidate of a particular political921
party for election to the office of clerk of the Akron municipal922
court, a primary election shall not be held for the purpose of923
nominating a candidate of that party for election to that office.924
If only one person files a valid declaration of candidacy and925
petition for nomination as a candidate of a particular political926
party for election to that office, a primary election shall not be927
held for the purpose of nominating a candidate of that party for928
election to that office, and the candidate shall be issued a929
certificate of nomination in the manner set forth in section930
3513.02 of the Revised Code.931

       Declarations of candidacy and petitions, nominating932
petitions, and certificates of nomination for the office of clerk933
of the Akron municipal court shall contain a designation of the934
term for which the candidate seeks election. At the following935
regular municipal election, all candidates for the office shall be936
submitted to the qualified electors of the territory of the court937
in the manner that is provided in section 1901.07 of the Revised938
Code for the election of the judges of the court. The clerk so939
elected shall hold office for a term of six years, which term940
shall commence on the first day of January following the clerk's941
election and continue until the clerk's successor is elected and942
qualified.943

       (e) In the Clermont county municipal court, the clerk of944
courts of Clermont county shall be the clerk of the municipal945
court. The clerk of courts of Clermont county, acting as the946
clerk of the Clermont county municipal court and assuming the947
duties of that office, shall receive compensation at one-fourth948
the rate that is prescribed for the clerks of courts of common949
pleas as determined in accordance with the population of the950
county and the rates set forth in sections 325.08 and 325.18 of951
the Revised Code. This compensation shall be paid from the county952
treasury in semimonthly installments and is in addition to the953
annual compensation that is received for the performance of the954
duties of the clerk of courts of Clermont county, as provided in955
sections 325.08 and 325.18 of the Revised Code.956

       (f) Irrespective of the population of the territory of the957
Medina municipal court, the clerk of that court shall be appointed958
pursuant to division (A)(2)(a) of this section by the judges of959
that court, shall hold office until the clerk's successor is960
similarly appointed and qualified, and shall receive pursuant to961
division (C) of this section the annual compensation that the962
legislative authority prescribes and that is payable in963
semimonthly installments from the same sources and in the same964
manner as provided in section 1901.11 of the Revised Code.965

       (g) Except as otherwise provided in division (A)(1)(g) of966
this section, in the Barberton municipal court, candidates for967
election to the office of clerk of the court shall be nominated by968
primary election. The primary election shall be held on the day969
specified in the charter of the city of Barberton for the970
nomination of municipal officers. Notwithstanding section971
3513.257 of the Revised Code, the nominating petitions of972
independent candidates shall be signed by at least two hundred973
fifty qualified electors of the territory of the court.974

       The candidates shall file a declaration of candidacy and975
petition, or a nominating petition, whichever is applicable, not976
later than four p.m. of the seventy-fifth day before the day of977
the primary election, in the form prescribed by section 3513.07 or978
3513.261 of the Revised Code. The declaration of candidacy and979
petition, or the nominating petition, shall conform to the980
applicable requirements of section 3513.05 or 3513.257 of the981
Revised Code.982

       If no valid declaration of candidacy and petition is filed by983
any person for nomination as a candidate of a particular political984
party for election to the office of clerk of the Barberton985
municipal court, a primary election shall not be held for the986
purpose of nominating a candidate of that party for election to987
that office. If only one person files a valid declaration of988
candidacy and petition for nomination as a candidate of a989
particular political party for election to that office, a primary990
election shall not be held for the purpose of nominating a991
candidate of that party for election to that office, and the992
candidate shall be issued a certificate of nomination in the993
manner set forth in section 3513.02 of the Revised Code.994

       Declarations of candidacy and petitions, nominating995
petitions, and certificates of nomination for the office of clerk996
of the Barberton municipal court shall contain a designation of997
the term for which the candidate seeks election. At the following998
regular municipal election, all candidates for the office shall be999
submitted to the qualified electors of the territory of the court1000
in the manner that is provided in section 1901.07 of the Revised1001
Code for the election of the judges of the court. The clerk so1002
elected shall hold office for a term of six years, which term1003
shall commence on the first day of January following the clerk's1004
election and continue until the clerk's successor is elected and1005
qualified.1006

       (h) Except as otherwise provided in division (A)(1)(h) of1007
this section, in the Cuyahoga Falls municipal court, candidates1008
for election to the office of clerk of the court shall be1009
nominated by primary election. The primary election shall be held1010
on the day specified in the charter of the city of Cuyahoga Falls1011
for the nomination of municipal officers. Notwithstanding section1012
3513.257 of the Revised Code, the nominating petitions of1013
independent candidates shall be signed by at least two hundred1014
fifty qualified electors of the territory of the court.1015

       The candidates shall file a declaration of candidacy and1016
petition, or a nominating petition, whichever is applicable, not1017
later than four p.m. of the seventy-fifth day before the day of1018
the primary election, in the form prescribed by section 3513.07 or1019
3513.261 of the Revised Code. The declaration of candidacy and1020
petition, or the nominating petition, shall conform to the1021
applicable requirements of section 3513.05 or 3513.257 of the1022
Revised Code.1023

       If no valid declaration of candidacy and petition is filed by1024
any person for nomination as a candidate of a particular political1025
party for election to the office of clerk of the Cuyahoga Falls1026
municipal court, a primary election shall not be held for the1027
purpose of nominating a candidate of that party for election to1028
that office. If only one person files a valid declaration of1029
candidacy and petition for nomination as a candidate of a1030
particular political party for election to that office, a primary1031
election shall not be held for the purpose of nominating a1032
candidate of that party for election to that office, and the1033
candidate shall be issued a certificate of nomination in the1034
manner set forth in section 3513.02 of the Revised Code.1035

       Declarations of candidacy and petitions, nominating1036
petitions, and certificates of nomination for the office of clerk1037
of the Cuyahoga Falls municipal court shall contain a designation1038
of the term for which the candidate seeks election. At the1039
following regular municipal election, all candidates for the1040
office shall be submitted to the qualified electors of the1041
territory of the court in the manner that is provided in section1042
1901.07 of the Revised Code for the election of the judges of the1043
court. The clerk so elected shall hold office for a term of six1044
years, which term shall commence on the first day of January1045
following the clerk's election and continue until the clerk's1046
successor is elected and qualified.1047

       (i) Except as otherwise provided in division (A)(1)(i) of1048
this section, in the Toledo municipal court, candidates for1049
election to the office of clerk of the court shall be nominated by1050
primary election. The primary election shall be held on the day1051
specified in the charter of the city of Toledo for the nomination1052
of municipal officers. Notwithstanding section 3513.257 of the1053
Revised Code, the nominating petitions of independent candidates1054
shall be signed by at least two hundred fifty qualified electors1055
of the territory of the court.1056

       The candidates shall file a declaration of candidacy and1057
petition, or a nominating petition, whichever is applicable, not1058
later than four p.m. of the seventy-fifth day before the day of1059
the primary election, in the form prescribed by section 3513.07 or1060
3513.261 of the Revised Code. The declaration of candidacy and1061
petition, or the nominating petition, shall conform to the1062
applicable requirements of section 3513.05 or 3513.257 of the1063
Revised Code.1064

       If no valid declaration of candidacy and petition is filed by1065
any person for nomination as a candidate of a particular political1066
party for election to the office of clerk of the Toledo municipal1067
court, a primary election shall not be held for the purpose of1068
nominating a candidate of that party for election to that office.1069
If only one person files a valid declaration of candidacy and1070
petition for nomination as a candidate of a particular political1071
party for election to that office, a primary election shall not be1072
held for the purpose of nominating a candidate of that party for1073
election to that office, and the candidate shall be issued a1074
certificate of nomination in the manner set forth in section1075
3513.02 of the Revised Code.1076

       Declarations of candidacy and petitions, nominating1077
petitions, and certificates of nomination for the office of clerk1078
of the Toledo municipal court shall contain a designation of the1079
term for which the candidate seeks election. At the following1080
regular municipal election, all candidates for the office shall be1081
submitted to the qualified electors of the territory of the court1082
in the manner that is provided in section 1901.07 of the Revised1083
Code for the election of the judges of the court. The clerk so1084
elected shall hold office for a term of six years, which term1085
shall commence on the first day of January following the clerk's1086
election and continue until the clerk's successor is elected and1087
qualified.1088

       (2)(a) Except for the Alliance, Auglaize county, Columbiana1089
county, Lorain, Massillon, and Youngstown municipal courts, in a1090
municipal court for which the population of the territory is less1091
than one hundred thousand and in the Medina municipal court, the1092
clerk shall be appointed by the court, and the clerk shall hold1093
office until the clerk's successor is appointed and qualified.1094

       (b) In the Alliance, Lorain, Massillon, and Youngstown1095
municipal courts, the clerk shall be elected for a term of office1096
as described in division (A)(1)(a) of this section.1097

       (c) In the Auglaize county municipal court, the clerk of1098
courts of Auglaize county shall be the clerk of the municipal1099
court and may appoint a chief deputy clerk for each branch that is1100
established pursuant to section 1901.311 of the Revised Code, and1101
assistant clerks as the judge of the court determines are1102
necessary, all of whom shall receive the compensation that the1103
legislative authority prescribes. The clerk of courts of Auglaize1104
county, acting as the clerk of the Auglaize county municipal court1105
and assuming the duties of that office, shall receive compensation1106
payable from the county treasury in semimonthly installments at1107
one-fourth the rate that is prescribed for the clerks of courts of1108
common pleas as determined in accordance with the population of1109
the county and the rates set forth in sections 325.08 and 325.181110
of the Revised Code.1111

       (d) In the Columbiana county municipal court, the clerk of1112
courts of Columbiana county shall be the clerk of the municipal1113
court, may appoint a chief deputy clerk for each branch office1114
that is established pursuant to section 1901.311 of the Revised1115
Code, and may appoint any assistant clerks that the judges of the1116
court determine are necessary. All of the chief deputy clerks and1117
assistant clerks shall receive the compensation that the1118
legislative authority prescribes. The clerk of courts of1119
Columbiana county, acting as the clerk of the Columbiana county1120
municipal court and assuming the duties of that office, shall1121
receive compensation payable from the county treasury in1122
semimonthly installments at one-fourth the rate that is prescribed1123
for the clerks of courts of common pleas as determined in1124
accordance with the population of the county and the rates set1125
forth in sections 325.08 and 325.18 of the Revised Code.1126

       (3) During the temporary absence of the clerk due to1127
illness, vacation, or other proper cause, the court may appoint a1128
temporary clerk, who shall be paid the same compensation, have the1129
same authority, and perform the same duties as the clerk.1130

       (B) Except in the Clermont county, Hamilton county, Medina,1131
Portage county, and Wayne county municipal courts, if a vacancy1132
occurs in the office of the clerk of the Alliance, Lorain,1133
Massillon, or Youngstown municipal court or occurs in the office1134
of the clerk of a municipal court for which the population of the1135
territory equals or exceeds one hundred thousand because the clerk1136
ceases to hold the office before the end of the clerk's term or1137
because a clerk-elect fails to take office, the vacancy shall be1138
filled, until a successor is elected and qualified, by a person1139
chosen by the residents of the territory of the court who are1140
members of the county central committee of the political party by1141
which the last occupant of that office or the clerk-elect was1142
nominated. Not less than five nor more than fifteen days after a1143
vacancy occurs, those members of that county central committee1144
shall meet to make an appointment to fill the vacancy. At least1145
four days before the date of the meeting, the chairperson or a1146
secretary of the county central committee shall notify each such1147
member of that county central committee by first class mail of the1148
date, time, and place of the meeting and its purpose. A majority1149
of all such members of that county central committee constitutes a1150
quorum, and a majority of the quorum is required to make the1151
appointment. If the office so vacated was occupied or was to be1152
occupied by a person not nominated at a primary election, or if1153
the appointment was not made by the committee members in1154
accordance with this division, the court shall make an appointment1155
to fill the vacancy. A successor shall be elected to fill the1156
office for the unexpired term at the first municipal election that1157
is held more than one hundred twenty days after the vacancy1158
occurred.1159

       (C)(1) In a municipal court, other than the Auglaize county,1160
the Columbiana county, and the Lorain municipal courts, for which1161
the population of the territory is less than one hundred thousand1162
and in the Medina municipal court, the clerk of the municipal1163
court shall receive the annual compensation that the presiding1164
judge of the court prescribes, if the revenue of the court for the1165
preceding calendar year, as certified by the auditor or chief1166
fiscal officer of the municipal corporation in which the court is1167
located or, in the case of a county-operated municipal court, the1168
county auditor, is equal to or greater than the expenditures,1169
including any debt charges, for the operation of the court payable1170
under this chapter from the city treasury or, in the case of a1171
county-operated municipal court, the county treasury for that1172
calendar year, as also certified by the auditor or chief fiscal1173
officer. If the revenue of a municipal court, other than the1174
Auglaize county, the Columbiana county, and the Lorain municipal1175
courts, for which the population of the territory is less than one1176
hundred thousand or the revenue of the Medina municipal court for1177
the preceding calendar year as so certified is not equal to or1178
greater than those expenditures for the operation of the court for1179
that calendar year as so certified, the clerk of a municipal court1180
shall receive the annual compensation that the legislative1181
authority prescribes. As used in this division, "revenue" means1182
the total of all costs and fees that are collected and paid to the1183
city treasury or, in a county-operated municipal court, the county1184
treasury by the clerk of the municipal court under division (F) of1185
this section and all interest received and paid to the city1186
treasury or, in a county-operated municipal court, the county1187
treasury in relation to the costs and fees under division (G) of1188
this section.1189

       (2) In a municipal court, other than the Clermont county,1190
Hamilton county, Medina, Portage county, and Wayne county1191
municipal courts, for which the population of the territory is one1192
hundred thousand or more, and in the Lorain municipal court, the1193
clerk of the municipal court shall receive annual compensation in1194
a sum equal to eighty-five per cent of the salary of a judge of1195
the court.1196

       (3) The compensation of a clerk described in division (C)(1)1197
or (2) of this section is payable in semimonthly installments from1198
the same sources and in the same manner as provided in section1199
1901.11 of the Revised Code.1200

       (D) Before entering upon the duties of the clerk's office,1201
the clerk of a municipal court shall give bond of not less than1202
six thousand dollars to be determined by the judges of the court,1203
conditioned upon the faithful performance of the clerk's duties.1204

       (E) The clerk of a municipal court may do all of the1205
following: administer oaths, take affidavits, and issue1206
executions upon any judgment rendered in the court, including a1207
judgment for unpaid costs; issue, sign, and attach the seal of the1208
court to all writs, process, subpoenas, and papers issuing out of1209
the court; and approve all bonds, sureties, recognizances, and1210
undertakings fixed by any judge of the court or by law. The clerk1211
may refuse to accept for filing any pleading or paper submitted1212
for filing by a person who has been found to be a vexatious1213
litigator under section 2323.52 of the Revised Code and who has1214
failed to obtain leave to proceed under that section. The clerk1215
shall do all of the following: file and safely keep all journals,1216
records, books, and papers belonging or appertaining to the court;1217
record the proceedings of the court; perform all other duties that1218
the judges of the court may prescribe; and keep a book showing all1219
receipts and disbursements, which book shall be open for public1220
inspection at all times.1221

       The clerk shall prepare and maintain a general index, a1222
docket, and other records that the court, by rule, requires, all1223
of which shall be the public records of the court. In the docket,1224
the clerk shall enter, at the time of the commencement of an1225
action, the names of the parties in full, the names of the1226
counsel, and the nature of the proceedings. Under proper dates,1227
the clerk shall note the filing of the complaint, issuing of1228
summons or other process, returns, and any subsequent pleadings.1229
The clerk also shall enter all reports, verdicts, orders,1230
judgments, and proceedings of the court, clearly specifying the1231
relief granted or orders made in each action. The court may order1232
an extended record of any of the above to be made and entered,1233
under the proper action heading, upon the docket at the request of1234
any party to the case, the expense of which record may be taxed as1235
costs in the case or may be required to be prepaid by the party1236
demanding the record, upon order of the court.1237

       (F) The clerk of a municipal court shall receive, collect,1238
and issue receipts for all costs, fees, fines, bail, and other1239
moneys payable to the office or to any officer of the court. The1240
clerk shall each month disburse to the proper persons or officers,1241
and take receipts for, all costs, fees, fines, bail, and other1242
moneys that the clerk collects. Subject to sections 3375.50 and1243
4511.193 of the Revised Code and to any other section of the1244
Revised Code that requires a specific manner of disbursement of1245
any moneys received by a municipal court and except for the1246
Hamilton county, Lawrence county, and Ottawa county municipal1247
courts, the clerk shall pay all fines received for violation of1248
municipal ordinances into the treasury of the municipal1249
corporation the ordinance of which was violated and shall pay all1250
fines received for violation of township resolutions adopted1251
pursuant to Chapter 504. of the Revised Code into the treasury of1252
the township the resolution of which was violated. Subject to1253
sections 1901.024 and 4511.193 of the Revised Code, in the1254
Hamilton county, Lawrence county, and Ottawa county municipal1255
courts, the clerk shall pay fifty per cent of the fines received1256
for violation of municipal ordinances and fifty per cent of the1257
fines received for violation of township resolutions adopted1258
pursuant to Chapter 504. of the Revised Code into the treasury of1259
the county. Subject to sections 3375.50, 3375.53, 4511.991260
4511.19, and 5503.04 of the Revised Code and to any other section1261
of the Revised Code that requires a specific manner of1262
disbursement of any moneys received by a municipal court, the1263
clerk shall pay all fines collected for the violation of state1264
laws into the county treasury. Except in a county-operated1265
municipal court, the clerk shall pay all costs and fees the1266
disbursement of which is not otherwise provided for in the Revised1267
Code into the city treasury. The clerk of a county-operated1268
municipal court shall pay the costs and fees the disbursement of1269
which is not otherwise provided for in the Revised Code into the1270
county treasury. Moneys deposited as security for costs shall be1271
retained pending the litigation. The clerk shall keep a separate1272
account of all receipts and disbursements in civil and criminal1273
cases, which shall be a permanent public record of the office. On1274
the expiration of the term of the clerk, the clerk shall deliver1275
the records to the clerk's successor. The clerk shall have other1276
powers and duties as are prescribed by rule or order of the court.1277

       (G) All moneys paid into a municipal court shall be noted on1278
the record of the case in which they are paid and shall be1279
deposited in a state or national bank, or a domestic savings and1280
loan association, as defined in section 1151.01 of the Revised1281
Code, that is selected by the clerk. Any interest received upon1282
the deposits shall be paid into the city treasury, except that, in1283
a county-operated municipal court, the interest shall be paid into1284
the treasury of the county in which the court is located.1285

       On the first Monday in January of each year, the clerk shall1286
make a list of the titles of all cases in the court that were1287
finally determined more than one year past in which there remains1288
unclaimed in the possession of the clerk any funds, or any part of1289
a deposit for security of costs not consumed by the costs in the1290
case. The clerk shall give notice of the moneys to the parties1291
who are entitled to the moneys or to their attorneys of record.1292
All the moneys remaining unclaimed on the first day of April of1293
each year shall be paid by the clerk to the city treasurer, except1294
that, in a county-operated municipal court, the moneys shall be1295
paid to the treasurer of the county in which the court is located.1296
The treasurer shall pay any part of the moneys at any time to the1297
person who has the right to the moneys upon proper certification1298
of the clerk.1299

       (H) Deputy clerks may be appointed by the clerk and shall1300
receive the compensation, payable in semimonthly installments out1301
of the city treasury, that the clerk may prescribe, except that1302
the compensation of any deputy clerk of a county-operated1303
municipal court shall be paid out of the treasury of the county in1304
which the court is located. Each deputy clerk shall take an oath1305
of office before entering upon the duties of the deputy clerk's1306
office and, when so qualified, may perform the duties appertaining1307
to the office of the clerk. The clerk may require any of the1308
deputy clerks to give bond of not less than three thousand1309
dollars, conditioned for the faithful performance of the deputy1310
clerk's duties.1311

       (I) For the purposes of this section, whenever the1312
population of the territory of a municipal court falls below one1313
hundred thousand but not below ninety thousand, and the population1314
of the territory prior to the most recent regular federal census1315
exceeded one hundred thousand, the legislative authority of the1316
municipal corporation may declare, by resolution, that the1317
territory shall be considered to have a population of at least one1318
hundred thousand.1319

       (J) The clerk or a deputy clerk shall be in attendance at1320
all sessions of the municipal court, although not necessarily in1321
the courtroom, and may administer oaths to witnesses and jurors1322
and receive verdicts.1323

       Sec. 1905.01.  (A) In all municipal corporations, other than1324
Batavia in Clermont county, not being the site of a municipal1325
court nor a place where a judge of the Auglaize county, Crawford1326
county, Jackson county, Miami county, Portage county, or Wayne1327
county municipal court sits as required pursuant to section1328
1901.021 of the Revised Code or by designation of the judges1329
pursuant to section 1901.021 of the Revised Code, the mayor of the1330
municipal corporation has jurisdiction, except as provided in1331
divisions (B), (C), and (E) of this section and subject to the1332
limitation contained in section 1905.03 and the limitation1333
contained in section 1905.031 of the Revised Code, to hear and1334
determine any prosecution for the violation of an ordinance of the1335
municipal corporation, to hear and determine any case involving a1336
violation of a vehicle parking or standing ordinance of the1337
municipal corporation unless the violation is required to be1338
handled by a parking violations bureau or joint parking violations1339
bureau pursuant to Chapter 4521. of the Revised Code, and to hear1340
and determine all criminal causes involving any moving traffic1341
violation occurring on a state highway located within the1342
boundaries of the municipal corporation, subject to the1343
limitations of sections 2937.08 and 2938.04 of the Revised Code.1344

       (B)(1) In all municipal corporations, other than Batavia in1345
Clermont county, not being the site of a municipal court nor a1346
place where a judge of a court listed in division (A) of this1347
section sits as required pursuant to section 1901.021 of the1348
Revised Code or by designation of the judges pursuant to section1349
1901.021 of the Revised Code, the mayor of the municipal1350
corporation has jurisdiction, subject to the limitation contained1351
in section 1905.03 of the Revised Code, to hear and determine1352
prosecutions involving a violation of an ordinance of the1353
municipal corporation relating to operating a vehicle while under1354
the influence of alcohol, a drug of abuse, or alcohol and a drug1355
of abusecombination of them or relating to operating a vehicle1356
with a prohibited concentration of alcohol in the whole blood,1357
blood serum or plasma, breath, or urine, and to hear and determine1358
criminal causes involving a violation of section 4511.19 of the1359
Revised Code that occur on a state highway located within the1360
boundaries of the municipal corporation, subject to the1361
limitations of sections 2937.08 and 2938.04 of the Revised Code,1362
only if the person charged with the violation, within six years of1363
the date of the violation charged, has not been convicted of or1364
pleaded guilty to any of the following:1365

       (a) A violation of an ordinance of any municipal corporation1366
relating to operating a vehicle while under the influence of1367
alcohol, a drug of abuse, or alcohol and a drug of abuse1368
combination of them or relating to operating a vehicle with a1369
prohibited concentration of alcohol in the whole blood, blood1370
serum or plasma, breath, or urine;1371

       (b) A violation of section 4511.19 of the Revised Code;1372

       (c) A violation of any ordinance of any municipal1373
corporation or of any section of the Revised Code that regulates1374
the operation of vehicles, streetcars, and trackless trolleys upon1375
the highways or streets, in relation to which all of the following1376
apply:1377

       (i) The person, in the case in which the conviction was1378
obtained or the plea of guilty was entered, had been charged with1379
a violation of an ordinance of any municipal corporation relating1380
to operating a vehicle while under the influence of alcohol, a1381
drug of abuse, or alcohol and a drug of abuse or relating to1382
operating a vehicle with a prohibited concentration of alcohol in1383
the blood, breath, or urinea type described in division (B)(1)(a)1384
of this section, or with a violation of section 4511.19 of the1385
Revised Code;1386

       (ii) The charge of the violation described in division1387
(B)(1)(c)(i) of this section was dismissed or reduced;1388

       (iii) The violation of which the person was convicted or to1389
which the person pleaded guilty arose out of the same facts and1390
circumstances and the same act as did the charge that was1391
dismissed or reduced.1392

       (d) A violation of a statute of the United States or of any1393
other state or a municipal ordinance of a municipal corporation1394
located in any other state that is substantially similar to1395
section 4511.19 of the Revised Code.1396

       (2) The mayor of a municipal corporation does not have1397
jurisdiction to hear and determine any prosecution or criminal1398
cause involving a violation described in division (B)(1)(a) or (b)1399
of this section, regardless of where the violation occurred, if1400
the person charged with the violation, within six years of the1401
violation charged, has been convicted of or pleaded guilty to any1402
violation listed in division (B)(1)(a), (b), (c), or (d) of this1403
section.1404

       If the mayor of a municipal corporation, in hearing a1405
prosecution involving a violation of an ordinance of the municipal1406
corporation the mayor serves relating to operating a vehicle while1407
under the influence of alcohol, a drug of abuse, or alcohol and a1408
drug of abusecombination of them or relating to operating a1409
vehicle with a prohibited concentration of alcohol in the whole1410
blood, blood serum or plasma, breath, or urine, or in hearing a1411
criminal cause involving a violation of section 4511.19 of the1412
Revised Code, determines that the person charged, within six years1413
of the violation charged, has been convicted of or pleaded guilty1414
to any violation listed in division (B)(1)(a), (b), (c), or (d) of1415
this section, the mayor immediately shall transfer the case to the1416
county court or municipal court with jurisdiction over the1417
violation charged, in accordance with section 1905.032 of the1418
Revised Code.1419

       (C)(1) In all municipal corporations, other than Batavia in1420
Clermont county, not being the site of a municipal court and not1421
being a place where a judge of a court listed in division (A) of1422
this section sits as required pursuant to section 1901.021 of the1423
Revised Code or by designation of the judges pursuant to section1424
1901.021 of the Revised Code, the mayor of the municipal1425
corporation, subject to sections 1901.031, 2937.08, and 2938.04 of1426
the Revised Code, has jurisdiction to hear and determine1427
prosecutions involving a violation of a municipal ordinance that1428
is substantially equivalent to division (B)(1) or (D)(2) of(A)of1429
section 4510.14 or section 4507.024510.16 of the Revised Code and1430
to hear and determine criminal causes that involve a moving1431
traffic violation, that involve a violation of division (B)(1) or1432
(D)(2) of(A)of section 4510.14 or section 4507.024510.16 of the1433
Revised Code, and that occur on a state highway located within the1434
boundaries of the municipal corporation only if all of the1435
following apply regarding the violation and the person charged:1436

       (a) Regarding a violation of division (B)(1) of section1437
4507.024510.16 of the Revised Code or a violation of a municipal1438
ordinance that is substantially equivalent to that division, the1439
person charged with the violation, within five years of the date1440
of the violation charged, has not been convicted of or pleaded1441
guilty to any of the following:1442

       (i) A violation of division (B)(1) of section 4507.021443
4510.16 of the Revised Code;1444

       (ii) A violation of a municipal ordinance that is1445
substantially equivalent to division (B)(1) of section 4507.021446
4510.16 of the Revised Code;1447

       (iii) A violation of any municipal ordinance or section of1448
the Revised Code that regulates the operation of vehicles,1449
streetcars, and trackless trolleys upon the highways or streets,1450
in a case in which, after a charge against the person of a1451
violation of a type described in division (C)(1)(a)(i) or (ii) of1452
this section was dismissed or reduced, the person is convicted of1453
or pleads guilty to a violation that arose out of the same facts1454
and circumstances and the same act as did the charge that was1455
dismissed or reduced.1456

       (b) Regarding a violation of division (D)(2)(A) of section1457
4507.024510.14 of the Revised Code or a violation of a municipal1458
ordinance that is substantially equivalent to that division, the1459
person charged with the violation, within five years of the date1460
of the violation charged, has not been convicted of or pleaded1461
guilty to any of the following:1462

       (i) A violation of division (D)(2)(A) of section 4507.021463
4510.14 of the Revised Code;1464

       (ii) A violation of a municipal ordinance that is1465
substantially equivalent to division (D)(2)(A) of section 4507.021466
4510.14 of the Revised Code;1467

       (iii) A violation of any municipal ordinance or section of1468
the Revised Code that regulates the operation of vehicles,1469
streetcars, and trackless trolleys upon the highways or streets in1470
a case in which, after a charge against the person of a violation1471
of a type described in division (C)(1)(b)(i) or (ii) of this1472
section was dismissed or reduced, the person is convicted of or1473
pleads guilty to a violation that arose out of the same facts and1474
circumstances and the same act as did the charge that was1475
dismissed or reduced.1476

       (2) The mayor of a municipal corporation does not have1477
jurisdiction to hear and determine any prosecution or criminal1478
cause involving a violation described in division (C)(1)(a)(i) or1479
(ii) of this section if the person charged with the violation,1480
within five years of the violation charged, has been convicted of1481
or pleaded guilty to any violation listed in division1482
(C)(1)(a)(i), (ii), or (iii) of this section and does not have1483
jurisdiction to hear and determine any prosecution or criminal1484
cause involving a violation described in division (C)(1)(b)(i) or1485
(ii) of this section if the person charged with the violation,1486
within five years of the violation charged, has been convicted of1487
or pleaded guilty to any violation listed in division1488
(C)(1)(b)(i), (ii), or (iii) of this section.1489

       (3) If the mayor of a municipal corporation, in hearing a1490
prosecution involving a violation of an ordinance of the municipal1491
corporation the mayor serves that is substantially equivalent to1492
division (B)(1) or (D)(2) of(A)of section 4510.14 or section1493
4507.024510.16 of the Revised Code or a violation of division1494
(B)(1) or (D)(2) of(A)of section 4510.14 or section 4507.021495
4510.16 of the Revised Code, determines that, under division1496
(C)(2) of this section, mayors do not have jurisdiction of the1497
prosecution, the mayor immediately shall transfer the case to the1498
county court or municipal court with jurisdiction over the1499
violation in accordance with section 1905.032 of the Revised Code.1500

       (D) If the mayor of a municipal corporation has jurisdiction1501
pursuant to division (B)(1) of this section to hear and determine1502
a prosecution or criminal cause involving a violation described in1503
division (B)(1)(a) or (b) of this section, the authority of the1504
mayor to hear or determine the prosecution or cause is subject to1505
the limitation contained in division (C) of section 1905.03 of the1506
Revised Code. If the mayor of a municipal corporation has1507
jurisdiction pursuant to division (A) or (C) of this section to1508
hear and determine a prosecution or criminal cause involving a1509
violation other than a violation described in division (B)(1)(a)1510
or (b) of this section, the authority of the mayor to hear or1511
determine the prosecution or cause is subject to the limitation1512
contained in division (C) of section 1905.031 of the Revised Code.1513

       (E)(1) The mayor of a municipal corporation does not have1514
jurisdiction to hear and determine any prosecution or criminal1515
cause involving any of the following:1516

       (a) A violation of section 2919.25 or 2919.27 of the Revised1517
Code;1518

       (b) A violation of section 2903.11, 2903.12, 2903.13,1519
2903.211, or 2911.211 of the Revised Code that involves a person1520
who was a family or household member of the defendant at the time1521
of the violation;1522

       (c) A violation of a municipal ordinance that is1523
substantially equivalent to an offense described in division1524
(E)(1)(a) or (b) of this section and that involves a person who1525
was a family or household member of the defendant at the time of1526
the violation.1527

       (2) The mayor of a municipal corporation does not have1528
jurisdiction to hear and determine a motion filed pursuant to1529
section 2919.26 of the Revised Code or filed pursuant to a1530
municipal ordinance that is substantially equivalent to that1531
section or to issue a protection order pursuant to that section or1532
a substantially equivalent municipal ordinance.1533

       (3) As used in this section, "family or household member"1534
has the same meaning as in section 2919.25 of the Revised Code.1535

       (F) In keeping a docket and files, the mayor, and a mayor's1536
court magistrate appointed under section 1905.05 of the Revised1537
Code, shall be governed by the laws pertaining to county courts.1538

       Sec. 1905.201.  The mayor of a municipal corporation that has1539
a mayor's court, and a mayor's court magistrate, are entitled to1540
suspend or revoke, and shall suspend or revoke, in accordance with1541
division (B) of section 4507.16sections 4510.02, 4510.07, and1542
4511.99 of the Revised Code, the driver's or commercial driver's1543
license or permit or nonresident operating privilege of any person1544
who is convicted of or pleads guilty to a violation of division1545
(A) of section 4511.19 of the Revised Code, of a municipal1546
ordinance relating to operating a vehicle while under the1547
influence of alcohol, a drug of abuse, or alcohol and a drug of1548
abusea combination of them, or of a municipal ordinance relating1549
to operating a vehicle with a prohibited concentration of alcohol1550
in the whole blood, blood serum or plasma, breath, or urine that1551
is substantially equivalent to division (A) of section 4511.19 of1552
the Revised Code. The mayor of a municipal corporation that has a1553
mayor's court, and a mayor's court magistrate, are entitled to1554
suspend, and shall suspend, in accordance with division (E) of1555
section 4507.16sections 4510.02, 4510.07, and 4511.99 of the1556
Revised Code, the driver's, or commercial driver's license or1557
permit or nonresident operating privilege of any person who is1558
convicted of or pleads guilty to a violation of division (B) of1559
section 4511.19 of the Revised Code or of a municipal ordinance1560
relating to operating a vehicle with a prohibited concentration of1561
alcohol in the whole blood, blood serum or plasma, breath, or1562
urine that is substantially equivalent to division (B) of section1563
4511.19 of the Revised Code.1564

       Suspension of a commercial driver's license under this1565
section shall be concurrent with any period of disqualification or1566
suspension under section 3123.58, 3123.611, or 4506.16 of the1567
Revised Code or period of suspension under section 3123.58 of the1568
Revised Code. No person who is disqualified for life from holding1569
a commercial driver's license under section 4506.16 of the Revised1570
Code shall be issued a driver's license under Chapter 4507. of the1571
Revised Code during the period for which the commercial driver's1572
license was suspended under this section, and no person whose1573
commercial driver's license is suspended under this section shall1574
be issued a driver's license under Chapter 4507. of the Revised1575
Code during the period of the suspension.1576

       Sec. 1907.20.  (A) The clerk of courts shall be the clerk of1577
the county court, except that the board of county commissioners,1578
with the concurrence of the county court judges, may appoint a1579
clerk for each county court judge, who shall serve at the pleasure1580
of the board and shall receive compensation as set by the board,1581
payable in semimonthly installments from the treasury of the1582
county. An appointed clerk, before entering upon the duties of1583
the office, shall give bond of not less than five thousand1584
dollars, as determined by the board of county commissioners,1585
conditioned upon the faithful performance of the clerk's duties.1586

       The clerks of courts of common pleas, when acting as the1587
clerks of county courts, and upon assuming their county court1588
duties, shall receive compensation at one-fourth the rate1589
prescribed for the clerks of courts of common pleas as determined1590
in accordance with the population of the county and the rates set1591
forth in sections 325.08 and 325.18 of the Revised Code. This1592
compensation shall be paid from the county treasury in semimonthly1593
installments and is in addition to the annual compensation1594
received for the performance of the duties of the clerk of a court1595
of common pleas as provided in sections 325.08 and 325.18 of the1596
Revised Code.1597

       (B) The clerk of a county court shall have general powers to1598
administer oaths, take affidavits, and issue executions upon any1599
judgment rendered in the county court, including a judgment for1600
unpaid costs, power to issue and sign all writs, process,1601
subpoenas, and papers issuing out of the court, and to attach the1602
seal of the court to them, and power to approve all bonds,1603
sureties, recognizances, and undertakings fixed by any judge of1604
the court or by law. The clerk shall file and safely keep all1605
journals, records, books, and papers belonging or appertaining to1606
the court, record its proceedings, perform all other duties that1607
the judges of the court may prescribe, and keep a book showing all1608
receipts and disbursements, which shall be open for public1609
inspection at all times. The clerk may refuse to accept for1610
filing any pleading or paper submitted for filing by a person who1611
has been found to be a vexatious litigator under section 2323.521612
of the Revised Code and who has failed to obtain leave to proceed1613
under that section.1614

       The clerk shall prepare and maintain a general index, a1615
docket as prescribed by the court, which shall be furnished by the1616
board of county commissioners, and such other records as the1617
court, by rule, requires, all of which shall be the public records1618
of the court. In the docket, the clerk shall enter at times of1619
the commencement of an action, the names of the parties in full,1620
the names of the counsel, and the nature of the proceedings. Under1621
proper dates, the clerk shall note the filing of the complaint,1622
issuing of summons or other process, returns, and pleadings1623
subsequent thereto. The clerk also shall enter all reports,1624
verdicts, orders, judgments, and proceedings of the court, clearly1625
specifying the relief granted or orders made in each action. The1626
court may order an extended record of any of the above to be made1627
and entered, under the proper action heading, upon the docket at1628
the request of any party to the case, the expense of which may be1629
taxed as costs in the case or may be required to be prepaid by the1630
party demanding the extended record, upon order of the court.1631

       (C) The clerk of a county court shall receive and collect1632
all costs, fees, fines, penalties, bail, and other moneys payable1633
to the office or to any officer of the court and issue receipts1634
therefor, and shall each month disburse the costs, fees, fines,1635
penalties, bail, and other moneys to the proper persons or1636
officers and take receipts therefor. Subject to sections 3375.51,1637
3375.53, 4511.19, 4511.193, and 4511.995503.04 of the Revised1638
Code and all other statutes that require a different distribution1639
of fines, fines received for violations of municipal ordinances1640
shall be paid into the treasury of the municipal corporation whose1641
ordinance was violated, fines received for violations of township1642
resolutions adopted pursuant to Chapter 504. of the Revised Code1643
shall be paid into the treasury of the township whose resolution1644
was violated, and fines collected for the violation of state laws1645
shall be paid into the county treasury. Moneys deposited as1646
security for costs shall be retained pending the litigation.1647

       The clerk shall keep a separate account of all receipts and1648
disbursements in civil and criminal cases. The separate account1649
shall be a permanent public record of the office. On the1650
expiration of a clerk's term, those records shall be delivered to1651
the clerk's successor.1652

       The clerk shall have such other powers and duties as are1653
prescribed by rule or order of the court.1654

       (D) All moneys paid into a county court shall be noted on1655
the record of the case in which they are paid and shall be1656
deposited in a state or national bank selected by the clerk. On1657
the first Monday in January of each year, the clerk shall make a1658
list of the titles of all cases in the county court that were1659
finally determined more than one year past in which there remains1660
unclaimed in the possession of the clerk any funds, or any part of1661
a deposit for security of costs not consumed by the costs in the1662
case. The clerk shall give notice of the moneys to the parties1663
entitled to them or to their attorneys of record. All the moneys1664
remaining unclaimed on the first day of April of each year shall1665
be paid by the clerk to the county treasurer. Any part of the1666
moneys shall be paid by the county treasurer at any time to the1667
person having the right to them, upon proper certification of the1668
clerk.1669

       (E)(1) In county court districts having appointed clerks,1670
deputy clerks may be appointed by the board of county1671
commissioners. Clerks and deputy clerks shall receive such1672
compensation payable in semimonthly installments out of the county1673
treasury as the board may prescribe. Each deputy clerk shall take1674
an oath of office before entering upon the duties of the deputy1675
clerk's office and, when so qualified, may perform the duties1676
appertaining to the office of the clerk. The clerk may require1677
any of the deputy clerks to give bond of not less than three1678
thousand dollars, conditioned for the faithful performance of the1679
deputy clerk's duties.1680

       (2) A clerk of courts acting as clerk of the county court1681
may appoint deputy clerks to perform the duties pertaining to the1682
office of clerk of the county court. Each deputy clerk shall take1683
an oath of office before entering upon the deputy clerk's duties,1684
and the clerk of courts may require the deputy clerk to give bond1685
of not less than three thousand dollars, conditioned for the1686
faithful performance of the deputy clerk's duties.1687

       (3) The clerk or a deputy clerk of a county court shall be1688
in attendance at all sessions of the court, although not1689
necessarily in the courtroom, and may administer oaths to1690
witnesses and jurors and receive verdicts.1691

       (F)(1) In county court districts having appointed clerks,1692
the board of county commissioners may order the establishment of1693
one or more branch offices of the clerk and, with the concurrence1694
of the county judges, may appoint a special deputy clerk to1695
administer each branch office. Each special deputy clerk shall1696
take an oath of office before entering upon the duties of the1697
deputy clerk's office and, when so qualified, may perform any one1698
or more of the duties appertaining to the office of clerk, as the1699
board prescribes. Special deputy clerks shall receive such1700
compensation payable in semimonthly installments out of the county1701
treasury as the board may prescribe. The board may require any of1702
the special deputy clerks to give bond of not less than three1703
thousand dollars, conditioned for the faithful performance of the1704
deputy clerk's duties.1705

       The board of county commissioners may authorize the clerk of1706
the county court to operate one or more branch offices, to divide1707
the clerk's time between the offices, and to perform duties1708
appertaining to the office of clerk in locations that the board1709
prescribes.1710

       (2) A clerk of courts acting as clerk of the county court1711
may establish one or more branch offices for the clerk's duties as1712
clerk of the county court and, with the concurrence of the county1713
court judges, may appoint a special deputy clerk to administer1714
each branch office. Each special deputy clerk shall take an oath1715
of office before entering upon the deputy clerk's duties and, when1716
so qualified, may perform any of the duties pertaining to the1717
office of clerk, as the clerk of courts prescribes. The clerk of1718
courts may require any of the special deputy clerks to give bond1719
of not less than three thousand dollars, conditioned for the1720
faithful performance of the deputy clerk's duties.1721

       (G) The clerk of courts of the county shall fix the1722
compensation of deputy clerks and special deputy clerks appointed1723
by the clerk pursuant to this section. Those personnel shall be1724
paid and be subject to the same requirements as other employees of1725
the clerk under the provisions of section 325.17 of the Revised1726
Code insofar as that section is applicable.1727

       Sec. 2151.354.  (A) If the child is adjudicated an unruly1728
child, the court may:1729

       (1) Make any of the dispositions authorized under section1730
2151.353 of the Revised Code;1731

       (2) Place the child on community control under any1732
sanctions, services, and conditions that the court prescribes, as1733
described in division (A)(3) of section 2152.19 of the Revised1734
Code;1735

       (3) Suspend or revokeImpose a class six suspension of the1736
driver's license, probationary driver's license, or temporary1737
instruction permit issued to the child from the range specified in1738
division (A)(6) of section 4510.02 of the Revised Code and suspend1739
or revoke the registration of all motor vehicles registered in the1740
name of the child. A child whose license or permit is so1741
suspended or revoked is ineligible for issuance of a license or1742
permit during the period of suspension or revocation. At the end1743
of the period of suspension or revocation, the child shall not be1744
reissued a license or permit until the child has paid any1745
applicable reinstatement fee and complied with all requirements1746
governing license reinstatement.1747

       (4) Commit the child to the temporary or permanent custody1748
of the court;1749

       (5) If, after making a disposition under division (A)(1),1750
(2), or (3) of this section, the court finds upon further hearing1751
that the child is not amenable to treatment or rehabilitation1752
under that disposition, make a disposition otherwise authorized1753
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of1754
the Revised Code, except that the child may not be committed to or1755
placed in a secure correctional facility, and commitment to or1756
placement in a detention facility may not exceed twenty-four1757
hours unless authorized by division (B)(3) of section 2151.312 or1758
sections 2151.56 to 2151.61 of the Revised Code.1759

       (B) If a child is adjudicated an unruly child for committing1760
any act that, if committed by an adult, would be a drug abuse1761
offense, as defined in section 2925.01 of the Revised Code, or a1762
violation of division (B) of section 2917.11 of the Revised Code,1763
then, in addition to imposing, in its discretion, any other order1764
of disposition authorized by this section, the court shall do both1765
of the following:1766

       (1) Require the child to participate in a drug abuse or1767
alcohol abuse counseling program;1768

       (2) Suspend or revokeImpose a class six license suspension1769
of the temporary instruction permit, probationary driver's1770
license, or driver's license issued to the child for a period of1771
time prescribed by the court or, at the discretion of the court,1772
untilfrom the range specified in division (A)(6) of section1773
4510.02 of the Revised Code. The court, in its discretion, may1774
terminate the suspension if the child attends and satisfactorily1775
completes a drug abuse or alcohol abuse education, intervention,1776
or treatment program specified by the court. During the time the1777
child is attending thea program as described in this division,1778
the court shall retain anythe child's temporary instruction1779
permit, probationary driver's license, or driver's license issued1780
to the child, and the court shall return the permit or license1781
when the child satisfactorily completes the programif it1782
terminates the suspension.1783

       (C)(1) If a child is adjudicated an unruly child for being1784
an habitual truant, in addition to or in lieu of imposing any1785
other order of disposition authorized by this section, the court1786
may do any of the following:1787

       (a) Order the board of education of the child's school1788
district or the governing board of the educational service center1789
in the child's school district to require the child to attend an1790
alternative school if an alternative school has been established1791
pursuant to section 3313.533 of the Revised Code in the school1792
district in which the child is entitled to attend school;1793

       (b) Require the child to participate in any academic program1794
or community service program;1795

       (c) Require the child to participate in a drug abuse or1796
alcohol abuse counseling program;1797

       (d) Require that the child receive appropriate medical or1798
psychological treatment or counseling;1799

       (e) Make any other order that the court finds proper to1800
address the child's habitual truancy, including an order requiring1801
the child to not be absent without legitimate excuse from the1802
public school the child is supposed to attend for five or more1803
consecutive days, seven or more school days in one school month,1804
or twelve or more school days in a school year and including an1805
order requiring the child to participate in a truancy prevention1806
mediation program.1807

       (2) If a child is adjudicated an unruly child for being an1808
habitual truant and the court determines that the parent,1809
guardian, or other person having care of the child has failed to1810
cause the child's attendance at school in violation of section1811
3321.38 of the Revised Code, in addition to any order of1812
disposition authorized by this section, all of the following1813
apply:1814

       (a) The court may require the parent, guardian, or other1815
person having care of the child to participate in any community1816
service program, preferably a community service program that1817
requires the involvement of the parent, guardian, or other person1818
having care of the child in the school attended by the child.1819

       (b) The court may require the parent, guardian, or other1820
person having care of the child to participate in a truancy1821
prevention mediation program.1822

       (c) The court shall warn the parent, guardian, or other1823
person having care of the child that any subsequent adjudication1824
of the child as an unruly or delinquent child for being an1825
habitual or chronic truant may result in a criminal charge against1826
the parent, guardian, or other person having care of the child for1827
a violation of division (C) of section 2919.21 or section 2919.241828
of the Revised Code.1829

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent1830
child, the court may make any of the following orders of1831
disposition, in addition to any other disposition authorized or1832
required by this chapter:1833

       (1) Any order that is authorized by section 2151.353 of the1834
Revised Code for the care and protection of an abused, neglected,1835
or dependent child.1836

       (2) Commit the child to the temporary custody of any school,1837
camp, institution, or other facility operated for the care of1838
delinquent children by the county, by a district organized under1839
section 2152.41 or 2151.65 of the Revised Code, or by a private1840
agency or organization, within or without the state, that is1841
authorized and qualified to provide the care, treatment, or1842
placement required;1843

       (3) Place the child on community control under any1844
sanctions, services, and conditions that the court prescribes. As1845
a condition of community control in every case and in addition to1846
any other condition that it imposes upon the child, the court1847
shall require the child to abide by the law during the period of1848
community control. As referred to in this division, community1849
control includes, but is not limited to, the following sanctions1850
and conditions:1851

       (a) A period of basic probation supervision in which the1852
child is required to maintain contact with a person appointed to1853
supervise the child in accordance with sanctions imposed by the1854
court;1855

       (b) A period of intensive probation supervision in which the1856
child is required to maintain frequent contact with a person1857
appointed by the court to supervise the child while the child is1858
seeking or maintaining employment and participating in training,1859
education, and treatment programs as the order of disposition;1860

       (c) A period of day reporting in which the child is required1861
each day to report to and leave a center or another approved1862
reporting location at specified times in order to participate in1863
work, education or training, treatment, and other approved1864
programs at the center or outside the center;1865

       (d) A period of community service of up to five hundred1866
hours for an act that would be a felony or a misdemeanor of the1867
first degree if committed by an adult, up to two hundred hours for1868
an act that would be a misdemeanor of the second, third, or fourth1869
degree if committed by an adult, or up to thirty hours for an act1870
that would be a minor misdemeanor if committed by an adult;1871

       (e) A requirement that the child obtain a high school1872
diploma, a certificate of high school equivalence, vocational1873
training, or employment;1874

       (f) A period of drug and alcohol use monitoring;1875

       (g) A requirement of alcohol or drug assessment or1876
counseling, or a period in an alcohol or drug treatment program1877
with a level of security for the child as determined necessary by1878
the court;1879

       (h) A period in which the court orders the child to observe1880
a curfew that may involve daytime or evening hours;1881

       (i) A requirement that the child serve monitored time;1882

       (j) A period of house arrest with or without electronic1883
monitoring;1884

       (k) A period of electronic monitoring without house arrest or1885
electronically monitored house arrest that does not exceed the1886
maximum sentence of imprisonment that could be imposed upon an1887
adult who commits the same act.1888

       A period of electronically monitored house arrest imposed1889
under this division shall not extend beyond the child's1890
twenty-first birthday. If a court imposes a period of1891
electronically monitored house arrest upon a child under this1892
division, it shall require the child: to wear, otherwise have1893
attached to the child's person, or otherwise be subject to1894
monitoring by a certified electronic monitoring device or to1895
participate in the operation of and monitoring by a certified1896
electronic monitoring system; to remain in the child's home or1897
other specified premises for the entire period of electronically1898
monitored house arrest except when the court permits the child to1899
leave those premises to go to school or to other specified1900
premises; to be monitored by a central system that can determine1901
the child's location at designated times; to report periodically1902
to a person designated by the court; and to enter into a written1903
contract with the court agreeing to comply with all requirements1904
imposed by the court, agreeing to pay any fee imposed by the court1905
for the costs of the electronically monitored house arrest, and1906
agreeing to waive the right to receive credit for any time served1907
on electronically monitored house arrest toward the period of any1908
other dispositional order imposed upon the child if the child1909
violates any of the requirements of the dispositional order of1910
electronically monitored house arrest. The court also may impose1911
other reasonable requirements upon the child.1912

       Unless ordered by the court, a child shall not receive credit1913
for any time served on electronically monitored house arrest1914
toward any other dispositional order imposed upon the child for1915
the act for which was imposed the dispositional order of1916
electronically monitored house arrest.1917

       (l) A class six suspension of the driver's license,1918
probationary driver's license, or temporary instruction permit1919
issued to the child from the range specified in division (A)(6) of1920
section 4510.02 of the Revised Code, or a suspension of the1921
registration of all motor vehicles registered in the name of the1922
child. A child whose license or permit is so suspended is1923
ineligible for issuance of a license or permit during the period1924
of suspension. At the end of the period of suspension, the child1925
shall not be reissued a license or permit until the child has paid1926
any applicable reinstatement fee and complied with all1927
requirements governing license reinstatement.1928

       (4) Commit the child to the custody of the court;1929

       (5) Require the child to not be absent without legitimate1930
excuse from the public school the child is supposed to attend for1931
five or more consecutive days, seven or more school days in one1932
school month, or twelve or more school days in a school year;1933

       (6)(a) If a child is adjudicated a delinquent child for1934
being a chronic truant or an habitual truant who previously has1935
been adjudicated an unruly child for being a habitual truant, do1936
either or both of the following:1937

       (i) Require the child to participate in a truancy prevention1938
mediation program;1939

       (ii) Make any order of disposition as authorized by this1940
section, except that the court shall not commit the child to a1941
facility described in division (A)(2) of this section unless the1942
court determines that the child violated a lawful court order made1943
pursuant to division (C)(1)(e) of section 2151.354 of the Revised1944
Code or division (A)(5) of this section.1945

       (b) If a child is adjudicated a delinquent child for being a1946
chronic truant or a habitual truant who previously has been1947
adjudicated an unruly child for being a habitual truant and the1948
court determines that the parent, guardian, or other person having1949
care of the child has failed to cause the child's attendance at1950
school in violation of section 3321.38 of the Revised Code, do1951
either or both of the following:1952

       (i) Require the parent, guardian, or other person having1953
care of the child to participate in a truancy prevention mediation1954
program;1955

       (ii) Require the parent, guardian, or other person having1956
care of the child to participate in any community service program,1957
preferably a community service program that requires the1958
involvement of the parent, guardian, or other person having care1959
of the child in the school attended by the child.1960

       (7) Make any further disposition that the court finds1961
proper, except that the child shall not be placed in any of the1962
following:1963

       (a) A state correctional institution, a county, multicounty,1964
or municipal jail or workhouse, or another place in which an adult1965
convicted of a crime, under arrest, or charged with a crime is1966
held;1967

       (b) A community corrections facility, if the child would be1968
covered by the definition of public safety beds for purposes of1969
sections 5139.41 to 5139.45 of the Revised Code if the court1970
exercised its authority to commit the child to the legal custody1971
of the department of youth services for institutionalization or1972
institutionalization in a secure facility pursuant to this1973
chapter.1974

       (B) If a child is adjudicated a delinquent child, in1975
addition to any order of disposition made under division (A) of1976
this section, the court, in the following situations and for the1977
specified period of time, shall suspend the child's temporary1978
instruction permit, restricted license, probationary driver's1979
license, or nonresident operating privilege, or suspend the1980
child's ability to obtain such a permit:1981

       (1) TheIf the child is adjudicated a delinquent child for1982
violating section 2923.122 of the Revised Code, with the1983
suspension and denial beingimpose a class four suspension of the1984
child's license, permit, or privilege from the range specified in1985
division (A)(4) of section 4510.02 of the Revised Code or deny the1986
child the issuance of a license or permit in accordance with1987
division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of the1988
Revised Code.1989

       (2) TheIf the child is adjudicated a delinquent child for1990
committing an act that if committed by an adult would be a drug1991
abuse offense or for violating division (B) of section 2917.11 of1992
the Revised Code, withimpose a class six suspension of the1993
child's license, permit, or privilege from the range specified in1994
division (A)(6) of section 4510.02 of the Revised Code. The1995
court, in its discretion, may terminate the suspension continuing1996
untilif the child attends and satisfactorily completes a drug1997
abuse or alcohol abuse education, intervention, or treatment1998
program specified by the court. During the time the child is1999
attending thea program as described in this division, the court2000
shall retain anythe child's temporary instruction permit,2001
probationary driver's license, or driver's license issued to the2002
child, and the court shall return the permit or license when the2003
child satisfactorily completes the programif it terminates the2004
suspension as described in this division.2005

       (C) The court may establish a victim-offender mediation2006
program in which victims and their offenders meet to discuss the2007
offense and suggest possible restitution. If the court obtains2008
the assent of the victim of the delinquent act committed by the2009
child, the court may require the child to participate in the2010
program.2011

       (D)(1) If a child is adjudicated a delinquent child for2012
committing an act that would be a felony if committed by an adult2013
and if the child caused, attempted to cause, threatened to cause,2014
or created a risk of physical harm to the victim of the act, the2015
court, prior to issuing an order of disposition under this2016
section, shall order the preparation of a victim impact statement2017
by the probation department of the county in which the victim of2018
the act resides, by the court's own probation department, or by a2019
victim assistance program that is operated by the state, a county,2020
a municipal corporation, or another governmental entity. The court2021
shall consider the victim impact statement in determining the2022
order of disposition to issue for the child.2023

       (2) Each victim impact statement shall identify the victim2024
of the act for which the child was adjudicated a delinquent child,2025
itemize any economic loss suffered by the victim as a result of2026
the act, identify any physical injury suffered by the victim as a2027
result of the act and the seriousness and permanence of the2028
injury, identify any change in the victim's personal welfare or2029
familial relationships as a result of the act and any2030
psychological impact experienced by the victim or the victim's2031
family as a result of the act, and contain any other information2032
related to the impact of the act upon the victim that the court2033
requires.2034

       (3) A victim impact statement shall be kept confidential and2035
is not a public record. However, the court may furnish copies of2036
the statement to the department of youth services if the2037
delinquent child is committed to the department or to both the2038
adjudicated delinquent child or the adjudicated delinquent child's2039
counsel and the prosecuting attorney. The copy of a victim impact2040
statement furnished by the court to the department pursuant to2041
this section shall be kept confidential and is not a public2042
record. The copies of a victim impact statement that are made2043
available to the adjudicated delinquent child or the adjudicated2044
delinquent child's counsel and the prosecuting attorney pursuant2045
to this division shall be returned to the court by the person to2046
whom they were made available immediately following the imposition2047
of an order of disposition for the child under this chapter.2048

       (4) The department of youth services shall work with local2049
probation departments and victim assistance programs to develop a2050
standard victim impact statement.2051

       (E) If a child is adjudicated a delinquent child for being a2052
chronic truant or an habitual truant who previously has been2053
adjudicated an unruly child for being an habitual truant and the2054
court determines that the parent, guardian, or other person having2055
care of the child has failed to cause the child's attendance at2056
school in violation of section 3321.38 of the Revised Code, in2057
addition to any order of disposition it makes under this section,2058
the court shall warn the parent, guardian, or other person having2059
care of the child that any subsequent adjudication of the child as2060
an unruly or delinquent child for being an habitual or chronic2061
truant may result in a criminal charge against the parent,2062
guardian, or other person having care of the child for a violation2063
of division (C) of section 2919.21 or section 2919.24 of the2064
Revised Code.2065

       (F)(1) During the period of a delinquent child's community2066
control granted under this section, authorized probation officers2067
who are engaged within the scope of their supervisory duties or2068
responsibilities may search, with or without a warrant, the person2069
of the delinquent child, the place of residence of the delinquent2070
child, and a motor vehicle, another item of tangible or intangible2071
personal property, or other real property in which the delinquent2072
child has a right, title, or interest or for which the delinquent2073
child has the express or implied permission of a person with a2074
right, title, or interest to use, occupy, or possess if the2075
probation officers have reasonable grounds to believe that the2076
delinquent child is not abiding by the law or otherwise is not2077
complying with the conditions of the delinquent child's community2078
control. The court that places a delinquent child on community2079
control under this section shall provide the delinquent child with2080
a written notice that informs the delinquent child that authorized2081
probation officers who are engaged within the scope of their2082
supervisory duties or responsibilities may conduct those types of2083
searches during the period of community control if they have2084
reasonable grounds to believe that the delinquent child is not2085
abiding by the law or otherwise is not complying with the2086
conditions of the delinquent child's community control. The court2087
also shall provide the written notice described in division (E)(2)2088
of this section to each parent, guardian, or custodian of the2089
delinquent child who is described in that division.2090

       (2) The court that places a child on community control under2091
this section shall provide the child's parent, guardian, or other2092
custodian with a written notice that informs them that authorized2093
probation officers may conduct searches pursuant to division2094
(E)(1) of this section. The notice shall specifically state that2095
a permissible search might extend to a motor vehicle, another item2096
of tangible or intangible personal property, or a place of2097
residence or other real property in which a notified parent,2098
guardian, or custodian has a right, title, or interest and that2099
the parent, guardian, or custodian expressly or impliedly permits2100
the child to use, occupy, or possess.2101

       Sec.  2152.21.  (A) Unless division (C) of this section2102
applies, if a child is adjudicated a juvenile traffic offender,2103
the court may make any of the following orders of disposition:2104

       (1) Impose costs and one or more financial sanctions in2105
accordance with section 2152.20 of the Revised Code;2106

       (2) SuspendImpose a class six suspension of the child's2107
driver's license, probationary driver's license, or temporary2108
instruction permit from the range specified in division (A)(6) of2109
section 4510.02 of the Revised Code or suspend the registration of2110
all motor vehicles registered in the name of the child for a2111
definite period not exceeding two years. A child whose license2112
or permit is so suspended is ineligible for issuance of a license2113
or permit during the period of suspension. At the end of the2114
period of suspension, the child shall not be reissued a license or2115
permit until the child has paid any applicable reinstatement fee2116
and complied with all requirements governing license2117
reinstatement.2118

       (3) Place the child on community control;2119

       (4) Require the child to make restitution for all damages2120
caused by the child's traffic violation;2121

       (5)(a) If the child is adjudicated a juvenile traffic2122
offender for committing a violation of division (A) of section2123
4511.19 of the Revised Code or of a municipal ordinance that is2124
substantially equivalent to that division, commit the child, for2125
not longer than five days, to either of the following:2126

       (i) To theThe temporary custody of a detention facility or2127
district detention facility established under section 2152.41 of2128
the Revised Code;2129

       (ii) To theThe temporary custody of any school, camp,2130
institution, or other facility for children operated in whole or2131
in part for the care of juvenile traffic offenders of that nature2132
by the county, by a district organized under section 2152.41 or2133
2151.65 of the Revised Code, or by a private agency or2134
organization within the state that is authorized and qualified to2135
provide the care, treatment, or placement required.2136

       (b) If an order of disposition committing a child to the2137
temporary custody of a home, school, camp, institution, or other2138
facility of that nature is made under division (A)(5)(a) of this2139
section, the length of the commitment shall not be reduced or2140
diminished as a credit for any time that the child was held in a2141
place of detention or shelter care, or otherwise was detained,2142
prior to entry of the order of disposition.2143

       (6) If, after making a disposition under divisions (A)(1) to2144
(5) of this section, the court finds upon further hearing that the2145
child has failed to comply with the orders of the court and the2146
child's operation of a motor vehicle constitutes the child a2147
danger to the child and to others, the court may make any2148
disposition authorized by divisions (A)(1), (3), (4), and (7) of2149
section 2152.19 of the Revised Code, except that the child may2150
not be committed to or placed in a secure correctional facility2151
unless authorized by division (A)(5) of this section, and2152
commitment to or placement in a detention facility may not exceed2153
twenty-four hours.2154

       (B) If a child is adjudicated a juvenile traffic offender2155
for violating division (A) or (B) of section 4511.19 of the2156
Revised Code, in addition to any order of disposition made under2157
division (A) of this section, the court shall suspendimpose a2158
class six suspension of the temporary instruction permit,2159
probationary driver's license, or driver's license issued to the2160
child for a definite period of at least three months but not more2161
than two years or, at the discretion of the court, untilfrom the2162
range specified in division (A)(6) of section 4510.02 of the2163
Revised Code. The court, in its discretion, may terminate the2164
suspension if the child attends and satisfactorily completes a2165
drug abuse or alcohol abuse education, intervention, or treatment2166
program specified by the court. During the time the child is2167
attending thea program as described in this division, the court2168
shall retain anythe child's temporary instruction permit,2169
probationary driver's license, or driver's license issued to the2170
child, and the court shall return the permit or license when the2171
child satisfactorily completes the programif it terminates the2172
suspension as described in this division.2173

       (C) If a child is adjudicated a juvenile traffic offender2174
for violating division (B)(1) or (2) of section 4513.263 of the2175
Revised Code, the court shall impose the appropriate fine set2176
forth in division (6) of that section 4513.99 of the Revised Code.2177
If a child is adjudicated a juvenile traffic offender for2178
violating division (B)(3) of section 4513.263 of the Revised Code2179
and if the child is sixteen years of age or older, the court shall2180
impose the fine set forth in division (G)(2) of that section2181
4513.99 of the Revised Code. If a child is adjudicated a juvenile2182
traffic offender for violating division (B)(3) of section 4513.2632183
of the Revised Code and if the child is under sixteen years of2184
age, the court shall not impose a fine but may place the child on2185
probation or community control.2186

       (D) A juvenile traffic offender is subject to sections2187
4509.01 to 4509.78 of the Revised Code.2188

       Sec. 2743.191.  (A) There is hereby created in the state2189
treasury the reparations fund, which shall be used only for the2190
payment of awards of reparations that are granted by the attorney2191
general, the compensation of any personnel needed by the attorney2192
general to administer sections 2743.51 to 2743.72 of the Revised2193
Code, the compensation of witnesses as provided in division (B) of2194
section 2743.65 of the Revised Code, other administrative costs of2195
hearing and determining claims for an award of reparations by the2196
attorney general, the costs of administering sections 2907.28 and2197
2969.01 to 2969.06 of the Revised Code, the costs of investigation2198
and decision-making as certified by the attorney general, the2199
provision of state financial assistance to victim assistance2200
programs in accordance with sections 109.91 and 109.92 of the2201
Revised Code, the costs of paying the expenses of sex2202
offense-related examinations and antibiotics pursuant to section2203
2907.28 of the Revised Code, the cost of printing and distributing2204
the pamphlet prepared by the attorney general pursuant to section2205
109.42 of the Revised Code, and, subject to division (D) of2206
section 2743.71 of the Revised Code, the costs associated with the2207
printing and providing of information cards or other printed2208
materials to law enforcement agencies and prosecuting authorities2209
and with publicizing the availability of awards of reparations2210
pursuant to section 2743.71 of the Revised Code. All costs paid2211
pursuant to section 2743.70 of the Revised Code, the portions of2212
license reinstatement fees mandated by division (L)(F)(2)(b) of2213
section 4511.191 of the Revised Code to be credited to the fund,2214
the portions of the proceeds of the sale of a forfeited vehicle2215
specified in division (D)(C)(2) of section 4503.234 of the Revised2216
Code, payments collected by the department of rehabilitation and2217
correction from prisoners who voluntarily participate in an2218
approved work and training program pursuant to division2219
(C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all2220
moneys collected by the state pursuant to its right of subrogation2221
provided in section 2743.72 of the Revised Code shall be deposited2222
in the fund.2223

       (B) In making an award of reparations, the attorney general2224
shall render the award against the state. The award shall be2225
accomplished only through the following procedure, and the2226
following procedure may be enforced by writ of mandamus directed2227
to the appropriate official:2228

       (1) The attorney general shall provide for payment of the2229
claimant or providers in the amount of the award.2230

       (2) The expense shall be charged against all available2231
unencumbered moneys in the fund.2232

       (3) If sufficient unencumbered moneys do not exist in the2233
fund, the attorney general shall make application for payment of2234
the award out of the emergency purposes account or any other2235
appropriation for emergencies or contingencies, and payment out of2236
this account or other appropriation shall be authorized if there2237
are sufficient moneys greater than the sum total of then pending2238
emergency purposes account requests or requests for releases from2239
the other appropriations.2240

       (4) If sufficient moneys do not exist in the account or any2241
other appropriation for emergencies or contingencies to pay the2242
award, the attorney general shall request the general assembly to2243
make an appropriation sufficient to pay the award, and no payment2244
shall be made until the appropriation has been made. The attorney2245
general shall make this appropriation request during the current2246
biennium and during each succeeding biennium until a sufficient2247
appropriation is made. If, prior to the time that an2248
appropriation is made by the general assembly pursuant to this2249
division, the fund has sufficient unencumbered funds to pay the2250
award or part of the award, the available funds shall be used to2251
pay the award or part of the award, and the appropriation request2252
shall be amended to request only sufficient funds to pay that part2253
of the award that is unpaid.2254

       (C) The attorney general shall not make payment on a2255
decision or order granting an award until all appeals have been2256
determined and all rights to appeal exhausted, except as otherwise2257
provided in this section. If any party to a claim for an award of2258
reparations appeals from only a portion of an award, and a2259
remaining portion provides for the payment of money by the state,2260
that part of the award calling for the payment of money by the2261
state and not a subject of the appeal shall be processed for2262
payment as described in this section.2263

       (D) The attorney general shall prepare itemized bills for2264
the costs of printing and distributing the pamphlet the attorney2265
general prepares pursuant to section 109.42 of the Revised Code.2266
The itemized bills shall set forth the name and address of the2267
persons owed the amounts set forth in them.2268

       Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the2269
Revised Code:2270

       (A) "Claimant" means both of the following categories of2271
persons:2272

       (1) Any of the following persons who claim an award of2273
reparations under sections 2743.51 to 2743.72 of the Revised Code:2274

       (a) A victim who was one of the following at the time of the2275
criminally injurious conduct:2276

       (i) A resident of the United States;2277

       (ii) A resident of a foreign country the laws of which2278
permit residents of this state to recover compensation as victims2279
of offenses committed in that country.2280

       (b) A dependent of a deceased victim who is described in2281
division (A)(1)(a) of this section;2282

       (c) A third person, other than a collateral source, who2283
legally assumes or voluntarily pays the obligations of a victim,2284
or of a dependent of a victim, who is described in division2285
(A)(1)(a) of this section, which obligations are incurred as a2286
result of the criminally injurious conduct that is the subject of2287
the claim and may include, but are not limited to, medical or2288
burial expenses;2289

       (d) A person who is authorized to act on behalf of any2290
person who is described in division (A)(1)(a), (b), or (c) of this2291
section.2292

       (2) Any of the following persons who claim an award of2293
reparations under sections 2743.51 to 2743.72 of the Revised Code:2294

       (a) A victim who had a permanent place of residence within2295
this state at the time of the criminally injurious conduct and2296
who, at the time of the criminally injurious conduct, complied2297
with any one of the following:2298

       (i) Had a permanent place of employment in this state;2299

       (ii) Was a member of the regular armed forces of the United2300
States or of the United States coast guard or was a full-time2301
member of the Ohio organized militia or of the United States army2302
reserve, naval reserve, or air force reserve;2303

       (iii) Was retired and receiving social security or any other2304
retirement income;2305

       (iv) Was sixty years of age or older;2306

       (v) Was temporarily in another state for the purpose of2307
receiving medical treatment;2308

       (vi) Was temporarily in another state for the purpose of2309
performing employment-related duties required by an employer2310
located within this state as an express condition of employment or2311
employee benefits;2312

       (vii) Was temporarily in another state for the purpose of2313
receiving occupational, vocational, or other job-related training2314
or instruction required by an employer located within this state2315
as an express condition of employment or employee benefits;2316

       (viii) Was a full-time student at an academic institution,2317
college, or university located in another state;2318

       (ix) Had not departed the geographical boundaries of this2319
state for a period exceeding thirty days or with the intention of2320
becoming a citizen of another state or establishing a permanent2321
place of residence in another state.2322

       (b) A dependent of a deceased victim who is described in2323
division (A)(2)(a) of this section;2324

       (c) A third person, other than a collateral source, who2325
legally assumes or voluntarily pays the obligations of a victim,2326
or of a dependent of a victim, who is described in division2327
(A)(2)(a) of this section, which obligations are incurred as a2328
result of the criminally injurious conduct that is the subject of2329
the claim and may include, but are not limited to, medical or2330
burial expenses;2331

       (d) A person who is authorized to act on behalf of any2332
person who is described in division (A)(2)(a), (b), or (c) of this2333
section.2334

       (B) "Collateral source" means a source of benefits or2335
advantages for economic loss otherwise reparable that the victim2336
or claimant has received, or that is readily available to the2337
victim or claimant, from any of the following sources:2338

       (1) The offender;2339

       (2) The government of the United States or any of its2340
agencies, a state or any of its political subdivisions, or an2341
instrumentality of two or more states, unless the law providing2342
for the benefits or advantages makes them excess or secondary to2343
benefits under sections 2743.51 to 2743.72 of the Revised Code;2344

       (3) Social security, medicare, and medicaid;2345

       (4) State-required, temporary, nonoccupational disability2346
insurance;2347

       (5) Workers' compensation;2348

       (6) Wage continuation programs of any employer;2349

       (7) Proceeds of a contract of insurance payable to the2350
victim for loss that the victim sustained because of the2351
criminally injurious conduct;2352

       (8) A contract providing prepaid hospital and other health2353
care services, or benefits for disability;2354

       (9) That portion of the proceeds of all contracts of2355
insurance payable to the claimant on account of the death of the2356
victim that exceeds fifty thousand dollars;2357

       (10) Any compensation recovered or recoverable under the2358
laws of another state, district, territory, or foreign country2359
because the victim was the victim of an offense committed in that2360
state, district, territory, or country.2361

       "Collateral source" does not include any money, or the2362
monetary value of any property, that is subject to sections2363
2969.01 to 2969.06 of the Revised Code.2364

       (C) "Criminally injurious conduct" means one of the2365
following:2366

       (1) For the purposes of any person described in division2367
(A)(1) of this section, any conduct that occurs or is attempted in2368
this state; poses a substantial threat of personal injury or2369
death; and is punishable by fine, imprisonment, or death, or would2370
be so punishable but for the fact that the person engaging in the2371
conduct lacked capacity to commit the crime under the laws of this2372
state. Criminally injurious conduct does not include conduct2373
arising out of the ownership, maintenance, or use of a motor2374
vehicle, except when any of the following applies:2375

       (a) The person engaging in the conduct intended to cause2376
personal injury or death;2377

       (b) The person engaging in the conduct was using the vehicle2378
to flee immediately after committing a felony or an act that would2379
constitute a felony but for the fact that the person engaging in2380
the conduct lacked the capacity to commit the felony under the2381
laws of this state;2382

       (c) The person engaging in the conduct was using the vehicle2383
in a manner that constitutes an OMVIOVI violation;2384

       (d) The conduct occurred on or after July 25, 1990, and the2385
person engaging in the conduct was using the vehicle in a manner2386
that constitutes a violation of section 2903.08 of the Revised2387
Code.2388

       (2) For the purposes of any person described in division2389
(A)(2) of this section, any conduct that occurs or is attempted in2390
another state, district, territory, or foreign country; poses a2391
substantial threat of personal injury or death; and is punishable2392
by fine, imprisonment, or death, or would be so punishable but for2393
the fact that the person engaging in the conduct lacked capacity2394
to commit the crime under the laws of the state, district,2395
territory, or foreign country in which the conduct occurred or was2396
attempted. Criminally injurious conduct does not include conduct2397
arising out of the ownership, maintenance, or use of a motor2398
vehicle, except when any of the following applies:2399

       (a) The person engaging in the conduct intended to cause2400
personal injury or death;2401

       (b) The person engaging in the conduct was using the vehicle2402
to flee immediately after committing a felony or an act that would2403
constitute a felony but for the fact that the person engaging in2404
the conduct lacked the capacity to commit the felony under the2405
laws of the state, district, territory, or foreign country in2406
which the conduct occurred or was attempted;2407

       (c) The person engaging in the conduct was using the vehicle2408
in a manner that constitutes an OMVIOVI violation;2409

       (d) The conduct occurred on or after July 25, 1990, the2410
person engaging in the conduct was using the vehicle in a manner2411
that constitutes a violation of any law of the state, district,2412
territory, or foreign country in which the conduct occurred, and2413
that law is substantially similar to a violation of section2414
2903.08 of the Revised Code.2415

       (3) For the purposes of any person described in division2416
(A)(1) or (2) of this section, terrorism that occurs within or2417
outside the territorial jurisdiction of the United States.2418

       (D) "Dependent" means an individual wholly or partially2419
dependent upon the victim for care and support, and includes a2420
child of the victim born after the victim's death.2421

       (E) "Economic loss" means economic detriment consisting only2422
of allowable expense, work loss, funeral expense, unemployment2423
benefits loss, replacement services loss, cost of crime scene2424
cleanup, and cost of evidence replacement. If criminally2425
injurious conduct causes death, economic loss includes a2426
dependent's economic loss and a dependent's replacement services2427
loss. Noneconomic detriment is not economic loss; however,2428
economic loss may be caused by pain and suffering or physical2429
impairment.2430

       (F)(1) "Allowable expense" means reasonable charges incurred2431
for reasonably needed products, services, and accommodations,2432
including those for medical care, rehabilitation, rehabilitative2433
occupational training, and other remedial treatment and care and2434
including replacement costs for eyeglasses and other corrective2435
lenses. It does not include that portion of a charge for a room2436
in a hospital, clinic, convalescent home, nursing home, or any2437
other institution engaged in providing nursing care and related2438
services in excess of a reasonable and customary charge for2439
semiprivate accommodations, unless accommodations other than2440
semiprivate accommodations are medically required.2441

       (2) An immediate family member of a victim of criminally2442
injurious conduct that consists of a homicide, a sexual assault,2443
domestic violence, or a severe and permanent incapacitating injury2444
resulting in paraplegia or a similar life-altering condition, who2445
requires psychiatric care or counseling as a result of the2446
criminally injurious conduct, may be reimbursed for that care or2447
counseling as an allowable expense through the victim's2448
application. The cumulative allowable expense for care or2449
counseling of that nature for each family member of a victim of2450
that type shall not exceed two thousand five hundred dollars.2451

       (G) "Work loss" means loss of income from work that the2452
injured person would have performed if the person had not been2453
injured and expenses reasonably incurred by the person to obtain2454
services in lieu of those the person would have performed for2455
income, reduced by any income from substitute work actually2456
performed by the person, or by income the person would have earned2457
in available appropriate substitute work that the person was2458
capable of performing but unreasonably failed to undertake.2459

       (H) "Replacement services loss" means expenses reasonably2460
incurred in obtaining ordinary and necessary services in lieu of2461
those the injured person would have performed, not for income, but2462
for the benefit of the person's self or family, if the person had2463
not been injured.2464

       (I) "Dependent's economic loss" means loss after a victim's2465
death of contributions of things of economic value to the victim's2466
dependents, not including services they would have received from2467
the victim if the victim had not suffered the fatal injury, less2468
expenses of the dependents avoided by reason of the victim's2469
death. If a minor child of a victim is adopted after the victim's2470
death, the minor child continues after the adoption to incur a2471
dependent's economic loss as a result of the victim's death. If2472
the surviving spouse of a victim remarries, the surviving spouse2473
continues after the remarriage to incur a dependent's economic2474
loss as a result of the victim's death.2475

       (J) "Dependent's replacement services loss" means loss2476
reasonably incurred by dependents after a victim's death in2477
obtaining ordinary and necessary services in lieu of those the2478
victim would have performed for their benefit if the victim had2479
not suffered the fatal injury, less expenses of the dependents2480
avoided by reason of the victim's death and not subtracted in2481
calculating the dependent's economic loss. If a minor child of a2482
victim is adopted after the victim's death, the minor child2483
continues after the adoption to incur a dependent's replacement2484
services loss as a result of the victim's death. If the surviving2485
spouse of a victim remarries, the surviving spouse continues after2486
the remarriage to incur a dependent's replacement services loss as2487
a result of the victim's death.2488

       (K) "Noneconomic detriment" means pain, suffering,2489
inconvenience, physical impairment, or other nonpecuniary damage.2490

       (L) "Victim" means a person who suffers personal injury or2491
death as a result of any of the following:2492

       (1) Criminally injurious conduct;2493

       (2) The good faith effort of any person to prevent2494
criminally injurious conduct;2495

       (3) The good faith effort of any person to apprehend a2496
person suspected of engaging in criminally injurious conduct.2497

       (M) "Contributory misconduct" means any conduct of the2498
claimant or of the victim through whom the claimant claims an2499
award of reparations that is unlawful or intentionally tortious2500
and that, without regard to the conduct's proximity in time or2501
space to the criminally injurious conduct, has a causal2502
relationship to the criminally injurious conduct that is the basis2503
of the claim.2504

       (N) "Funeral expense" means any reasonable charges that are2505
not in excess of five thousand dollars per funeral and that are2506
incurred for expenses directly related to a victim's funeral,2507
cremation, or burial.2508

       (O) "Unemployment benefits loss" means a loss of unemployment2509
benefits pursuant to Chapter 4141. of the Revised Code when the2510
loss arises solely from the inability of a victim to meet the able2511
to work, available for suitable work, or the actively seeking2512
suitable work requirements of division (A)(4)(a) of section2513
4141.29 of the Revised Code.2514

       (P) "OMVIOVI violation" means any of the following:2515

       (1) A violation of section 4511.19 of the Revised Code, of2516
any municipal ordinance prohibiting the operation of a vehicle2517
while under the influence of alcohol, a drug of abuse, or alcohol2518
and a drug of abusecombination of them, or of any municipal2519
ordinance prohibiting the operation of a vehicle with a prohibited2520
concentration of alcohol in the whole blood, blood serum or2521
plasma, breath, or urine;2522

       (2) A violation of division (A)(1) of section 2903.06 of the2523
Revised Code;2524

       (3) A violation of division (A)(2), (3), or (4) of section2525
2903.06 of the Revised Code or of a municipal ordinance2526
substantially similar to any of those divisions, if the offender2527
was under the influence of alcohol, a drug of abuse, or alcohol2528
and a drug of abusecombination of them, at the time of the2529
commission of the offense;2530

       (4) For purposes of any person described in division (A)(2)2531
of this section, a violation of any law of the state, district,2532
territory, or foreign country in which the criminally injurious2533
conduct occurred, if that law is substantially similar to a2534
violation described in division (P)(1) or (2) of this section or2535
if that law is substantially similar to a violation described in2536
division (P)(3) of this section and the offender was under the2537
influence of alcohol, a drug of abuse, or alcohol and a drug of2538
abusecombination of them, at the time of the commission of the2539
offense.2540

       (Q) "Pendency of the claim" for an original reparations2541
application or supplemental reparations application means the2542
period of time from the date the criminally injurious conduct upon2543
which the application is based occurred until the date a final2544
decision, order, or judgment concerning that original reparations2545
application or supplemental reparations application is issued.2546

       (R) "Terrorism" means any activity to which all of the2547
following apply:2548

       (1) The activity involves a violent act or an act that is2549
dangerous to human life.2550

       (2) The act described in division (R)(1) of this section is2551
committed within the territorial jurisdiction of the United States2552
and is a violation of the criminal laws of the United States, this2553
state, or any other state or the act described in division (R)(1)2554
of this section is committed outside the territorial jurisdiction2555
of the United States and would be a violation of the criminal laws2556
of the United States, this state, or any other state if committed2557
within the territorial jurisdiction of the United States.2558

       (3) The activity appears to be intended to do any of the2559
following:2560

       (a) Intimidate or coerce a civilian population;2561

       (b) Influence the policy of any government by intimidation2562
or coercion;2563

       (c) Affect the conduct of any government by assassination or2564
kidnapping.2565

       (4) The activity occurs primarily outside the territorial2566
jurisdiction of the United States or transcends the national2567
boundaries of the United States in terms of the means by which the2568
activity is accomplished, the person or persons that the activity2569
appears intended to intimidate or coerce, or the area or locale in2570
which the perpetrator or perpetrators of the activity operate or2571
seek asylum.2572

       (S) "Transcends the national boundaries of the United States"2573
means occurring outside the territorial jurisdiction of the United2574
States in addition to occurring within the territorial2575
jurisdiction of the United States.2576

       (T) "Cost of crime scene cleanup" means reasonable and2577
necessary costs of cleaning the scene where the criminally2578
injurious conduct occurred, not to exceed seven hundred fifty2579
dollars in the aggregate per claim.2580

       (U) "Cost of evidence replacement" means costs for2581
replacement of property confiscated for evidentiary purposes2582
related to the criminally injurious conduct, not to exceed seven2583
hundred fifty dollars in the aggregate per claim.2584

       (V) "Provider" means any person who provides a victim or2585
claimant with a product, service, or accommodations that are an2586
allowable expense or a funeral expense.2587

       (W) "Immediate family member" means an individual who is2588
related to a victim within the first degree by affinity or2589
consanguinity.2590

       Sec. 2743.52.  (A) The attorney general shall make awards of2591
reparations for economic loss arising from criminally injurious2592
conduct, if satisfied by a preponderance of the evidence that the2593
requirements for an award of reparations have been met.2594

       (B) A court of claims panel of commissioners or a judge of2595
the court of claims has appellate jurisdiction to order awards of2596
reparations for economic loss arising from criminally injurious2597
conduct, if satisfied by a preponderance of the evidence that the2598
requirements for an award of reparations have been met.2599

       (C) A decision of the attorney general, an order of a court2600
of claims panel of commissioners, or the judgment of a judge of2601
the court of claims concerning an OMVIOVI violation shall not be2602
used as the basis for any civil or criminal action and shall not2603
be admissible as evidence in any civil or criminal proceeding.2604

       Sec. 2903.04.  (A) No person shall cause the death of2605
another or the unlawful termination of another's pregnancy as a2606
proximate result of the offender's committing or attempting to2607
commit a felony.2608

       (B) No person shall cause the death of another or the2609
unlawful termination of another's pregnancy as a proximate result2610
of the offender's committing or attempting to commit a misdemeanor2611
of any degree, a regulatory offense, or a minor misdemeanor other2612
than a violation of any section contained in Title XLV of the2613
Revised Code that is a minor misdemeanor and other than a2614
violation of an ordinance of a municipal corporation that,2615
regardless of the penalty set by ordinance for the violation, is2616
substantially equivalent to any section contained in Title XLV of2617
the Revised Code that is a minor misdemeanor.2618

       (C) Whoever violates this section is guilty of involuntary2619
manslaughter. Violation of division (A) of this section is a2620
felony of the first degree. Violation of division (B) of this2621
section is a felony of the third degree.2622

       (D) If an offender is convicted of or pleads guilty to a2623
violation of division (A) or (B) of this section and if the2624
felony, misdemeanor, or regulatory offense that the offender2625
committed or attempted to commit, that proximately resulted in the2626
death of the other person or the unlawful termination of another's2627
pregnancy, and that is the basis of the offender's violation of2628
division (A) or (B) of this section was a violation of division2629
(A) or (B) of section 4511.19 of the Revised Code or of a2630
substantially equivalent municipal ordinance or included, as an2631
element of that felony, misdemeanor, or regulatory offense, the2632
offender's operation or participation in the operation of a2633
snowmobile, locomotive, watercraft, or aircraft while the offender2634
was under the influence of alcohol, a drug of abuse, or alcohol2635
and a drug of abuse, both of the following apply:2636

       (1) The court shall permanently revokeimpose a class one2637
suspension of the offender's driver's or commercial driver's2638
license or permit or nonresident operating privilege pursuant to2639
as specified in division (A)(1) of section 4507.164510.02 of the2640
Revised Code.2641

       (2) The court shall impose a mandatory prison term for the2642
violation of division (A) or (B) of this section from the range of2643
prison terms authorized for the level of the offense under section2644
2929.14 of the Revised Code.2645

       Sec. 2903.06.  (A) No person, while operating or2646
participating in the operation of a motor vehicle, motorcycle,2647
snowmobile, locomotive, watercraft, or aircraft, shall cause the2648
death of another or the unlawful termination of another's2649
pregnancy in any of the following ways:2650

       (1) As the proximate result of committing a violation of2651
division (A) of section 4511.19 of the Revised Code or of a2652
substantially equivalent municipal ordinance;2653

       (2) Recklessly;2654

       (3) Negligently;2655

       (4) As the proximate result of committing a violation of any2656
provision of any section contained in Title XLV of the Revised2657
Code that is a minor misdemeanor or of a municipal ordinance that,2658
regardless of the penalty set by ordinance for the violation, is2659
substantially equivalent to any provision of any section contained2660
in Title XLV of the Revised Code that is a minor misdemeanor.2661

       (B)(1) Whoever violates division (A)(1) or (2) of this2662
section is guilty of aggravated vehicular homicide and shall be2663
punished as provided in divisions (B)(1)(a) and (b) of this2664
section.2665

       (a) Except as otherwise provided in this division,2666
aggravated vehicular homicide committed in violation of division2667
(A)(1) of this section is a felony of the second degree. 2668
Aggravated vehicular homicide committed in violation of division2669
(A)(1) of this section is a felony of the first degree if, at the2670
time of the offense, the offender was driving under a suspension2671
imposed under Chapter 4507.4510. or any other provision of the2672
Revised Code or if the offender previously has been convicted of2673
or pleaded guilty to a violation of this section; any2674
traffic-related homicide, manslaughter, or assault offense; three2675
prior violations of section 4511.19 of the Revised Code or of a2676
substantially equivalent municipal ordinance within the previous2677
six years; or a second or subsequent felony violation of division2678
(A) of section 4511.19 of the Revised Code.2679

       In addition to any other sanctions imposed, the court shall2680
permanently revokeimpose upon the offender a class one suspension2681
of the offender's driver's license, commercial driver's license,2682
temporary instruction permit, probationary license, or nonresident2683
operating privilege pursuant toas specified in division (A)(1) of2684
section 4507.164510.02 of the Revised Code.2685

       (b) Except as otherwise provided in this division,2686
aggravated vehicular homicide committed in violation of division2687
(A)(2) of this section is a felony of the third degree. Aggravated2688
vehicular homicide committed in violation of division (A)(2) of2689
this section is a felony of the second degree if, at the time of2690
the offense, the offender was driving under a suspension imposed2691
under Chapter 4507. of the Revised Code4510. or any other2692
provision of the Revised Code or if the offender previously has2693
been convicted of or pleaded guilty to a violation of this section2694
or any traffic-related homicide, manslaughter, or assault offense.2695

       In addition to any other sanctions imposed, the court shall2696
suspendimpose upon the offender a class two suspension of the2697
offender's driver's license, commercial driver's license,2698
temporary instruction permit, probationary license, or nonresident2699
operating privilege for a definite period of three years to life2700
pursuant tofrom the range specified in division (A)(2) of section2701
4507.164510.02 of the Revised Code.2702

       (2) Whoever violates division (A)(3) of this section is2703
guilty of vehicular homicide. Except as otherwise provided in2704
this division, vehicular homicide is a misdemeanor of the first2705
degree. Vehicular homicide is a felony of the fourth degree if,2706
at the time of the offense, the offender was driving under a2707
suspension or revocation imposed under Chapter 4507. or any other2708
provision of the Revised Code or if the offender previously has2709
been convicted of or pleaded guilty to a violation of this section2710
or any traffic-related homicide, manslaughter, or assault offense.2711

       In addition to any other sanctions imposed, the court shall2712
suspendimpose upon the offender a class four suspension of the2713
offender's driver's license, commercial driver's license,2714
temporary instruction permit, probationary license, or nonresident2715
operating privilege for a definite period of one to five years2716
pursuant tofrom the range specified in division (A)(4) of section2717
4507.164510.02 of the Revised Code or, if the offender previously2718
has been convicted of or pleaded guilty to a violation of this2719
section or any traffic-related homicide, manslaughter, or assault2720
offense, for a definite period of two to ten years pursuant toa2721
class three suspension of the offender's driver's license,2722
commercial driver's license, temporary instruction permit,2723
probationary license, or nonresident operating privilege from the2724
range specified in division (A)(3) of that section.2725

       (3) Whoever violates division (A)(4) of this section is2726
guilty of vehicular manslaughter. Except as otherwise provided in2727
this division, vehicular manslaughter is a misdemeanor of the2728
second degree. Vehicular manslaughter is a misdemeanor of the2729
first degree if, at the time of the offense, the offender was2730
driving under a suspension imposed under Chapter 4507.4510.or2731
any other provision of the Revised Code or if the offender2732
previously has been convicted of or pleaded guilty to a violation2733
of this section or any traffic-related homicide, manslaughter, or2734
assault offense.2735

       In addition to any other sanctions imposed, the court shall2736
suspendimpose upon the offender a class six suspension of the2737
offender's driver's license, commercial driver's license,2738
temporary instruction permit, probationary license, or nonresident2739
operating privilege for a definite period of three months to two2740
years pursuant tofrom the range specified in division (A)(6) of2741
section 4507.164510.02 of the Revised Code or, if the offender2742
previously has been convicted of or pleaded guilty to a violation2743
of this section or any traffic-related homicide, manslaughter, or2744
assault offense, for a definite period of one to five years2745
pursuant toa class four suspension of the offender's driver's2746
license, commercial driver's license, temporary instruction2747
permit, probationary license, or nonresident operating privilege2748
from the range specified in division (A)(4) of that section.2749

       (C) The court shall impose a mandatory prison term on an2750
offender who is convicted of or pleads guilty to a violation of2751
division (A)(1) of this section. The court shall impose a2752
mandatory prison term on an offender who is convicted of or pleads2753
guilty to a violation of division (A)(2) or (3) of this section if2754
either of the following applies:2755

       (1) The offender previously has been convicted of or pleaded2756
guilty to a violation of this section or section 2903.08 of the2757
Revised Code.2758

       (2) At the time of the offense, the offender was driving2759
under suspension under Chapter 4507.4510.or any other provision2760
of the Revised Code.2761

       (D)(1) As used in this section:2762

       (a) "Mandatory prison term" has the same meaning as in2763
section 2929.01 of the Revised Code.2764

       (b) "Traffic-related homicide, manslaughter, or assault2765
offense" means a violation of section 2903.04 of the Revised Code2766
in circumstances in which division (D) of that section applies, a2767
violation of section 2903.06 or 2903.08 of the Revised Code, or a2768
violation of section 2903.06, 2903.07, or 2903.08 of the Revised2769
Code as they existed prior to the effective date of this amendment2770
March23, 2000.2771

       (2) For the purposes of this section, when a penalty or2772
suspension is enhanced because of a prior or current violation of2773
a specified law or a prior or current specified offense, the2774
reference to the violation of the specified law or the specified2775
offense includes any violation of any substantially equivalent2776
municipal ordinance, former law of this state, or current or2777
former law of another state or the United States.2778

       Sec. 2903.08.  (A) No person, while operating or2779
participating in the operation of a motor vehicle, motorcycle,2780
snowmobile, locomotive, watercraft, or aircraft, shall cause2781
serious physical harm to another person or another's unborn in2782
either of the following ways:2783

       (1) As the proximate result of committing a violation of2784
division (A) of section 4511.19 of the Revised Code or of a2785
substantially equivalent municipal ordinance;2786

       (2) Recklessly.2787

       (B)(1) Whoever violates division (A)(1) of this section is2788
guilty of aggravated vehicular assault. Except as otherwise2789
provided in this division, aggravated vehicular assault is a2790
felony of the third degree. Aggravated vehicular assault is a2791
felony of the second degree if, at the time of the offense, the2792
offender was driving under a suspension imposed under Chapter2793
4507.4510. or any other provision of the Revised Code or if the2794
offender previously has been convicted of or pleaded guilty to a2795
violation of this section; any traffic-related homicide,2796
manslaughter, or assault offense; three prior violations of2797
section 4511.19 of the Revised Code or a substantially equivalent2798
municipal ordinance within the previous six years; or a second or2799
subsequent felony violation of division (A) of section 4511.19 of2800
the Revised Code.2801

       In addition to any other sanctions imposed, the court shall2802
suspendimpose upon the offender a class three suspension of the2803
offender's driver's license, commercial driver's license,2804
temporary instruction permit, probationary license, or nonresident2805
operating privilege for a definite period of two to ten years2806
pursuant tofrom the range specified in division (A)(3) of section2807
4507.164510.02 of the Revised Code or, if the offender previously2808
has been convicted of or pleaded guilty to a violation of this2809
section or any traffic-related homicide, manslaughter, or assault2810
offense, for a definite period of three years to life pursuant to2811
a class two suspension of the offender's driver's license,2812
commercial driver's license, temporary instruction permit,2813
probationary license, or nonresident operating privilege from the2814
range specified in division (A)(2) of that section.2815

       (2) Whoever violates division (A)(2) of this section is2816
guilty of vehicular assault. Except as otherwise provided in this2817
division, vehicular assault is a felony of the fourth degree. 2818
Vehicular assault is a felony of the third degree if, at the time2819
of the offense, the offender was driving under a suspension2820
imposed under Chapter 4507.4510.or any other provision of the2821
Revised Code or if the offender previously has been convicted of2822
or pleaded guilty to a violation of this section or any2823
traffic-related homicide, manslaughter, or assault offense.2824

       In addition to any other sanctions imposed, the court shall2825
suspendimpose upon the offender a class four suspension of the2826
offender's driver's license, commercial driver's license,2827
temporary instruction permit, probationary license, or nonresident2828
operating privilege for a definite period of one to five years2829
pursuant tofrom the range specified in division (A)(4) of section2830
4507.164510.02 of the Revised Code or, if the offender previously2831
has been convicted of or pleaded guilty to a violation of this2832
section or any traffic-related homicide, manslaughter, or assault2833
offense, for a definite period of two to ten years pursuant toa2834
class three suspension of the offender's driver's license,2835
commercial driver's license, temporary instruction permit,2836
probationary license, or nonresident operating privilege from the2837
range specified in division (A)(3) of that section.2838

       (C) The court shall impose a mandatory prison term on an2839
offender who is convicted of or pleads guilty to a violation of2840
division (A)(1) of this section. The court shall impose a2841
mandatory prison term on an offender who is convicted of or pleads2842
guilty to a violation of division (A)(2) of this section if either2843
of the following applies:2844

       (1) The offender previously has been convicted of or pleaded2845
guilty to a violation of this section or section 2903.06 of the2846
Revised Code.2847

       (2) At the time of the offense, the offender was driving2848
under suspension under Chapter 4507.4510. or any other provision2849
of the Revised Code.2850

       (D) As used in this section:2851

       (1) "Mandatory prison term" has the same meaning as in2852
section 2929.01 of the Revised Code.2853

       (2) "Traffic-related homicide, manslaughter, or assault2854
offense" has the same meaning as in section 2903.06 of the Revised2855
Code.2856

       (E) For the purposes of this section, when a penalty or2857
suspension is enhanced because of a prior or current violation of2858
a specified law or a prior or current specified offense, the2859
reference to the violation of the specified law or the specified2860
offense includes any violation of any substantially equivalent2861
municipal ordinance, former law of this state, or current or2862
former law of another state or the United States.2863

       Sec. 2907.24.  (A) No person shall solicit another to engage2864
with such other person in sexual activity for hire.2865

       (B) No person, with knowledge that the person has tested2866
positive as a carrier of a virus that causes acquired2867
immunodeficiency syndrome, shall engage in conduct in violation of2868
division (A) of this section.2869

       (C)(1) Whoever violates division (A) of this section is2870
guilty of soliciting, a misdemeanor of the third degree.2871

       (2) Whoever violates division (B) of this section is guilty2872
of engaging in solicitation after a positive HIV test. If the2873
offender commits the violation prior to July 1, 1996, engaging in2874
solicitation after a positive HIV test is a felony of the second2875
degree. If the offender commits the violation on or after July 1,2876
1996, engaging in solicitation after a positive HIV test is a2877
felony of the third degree.2878

       (D)If a person is convicted of or pleads guilty to a2879
violation of any provision of this section, an attempt to commit a2880
violation of any provision of this section, or a violation of or2881
an attempt to commit a violation of a municipal ordinance that is2882
substantially equivalent to any provision of this section and if2883
the person, in committing or attempting to commit the violation,2884
was in, was on, or used a motor vehicle, the court, in addition to2885
or independent of all other penalties imposed for the violation,2886
shall impose upon the offender a class six suspension of the2887
person's driver's license, commercial driver's license, temporary2888
instruction permit, probationary license, or nonresident operating2889
privilege from the range specified in division (A)(6) of section2890
4510.02 of the Revised Code.2891

       Sec. 2919.22.  (A) No person, who is the parent, guardian,2892
custodian, person having custody or control, or person in loco2893
parentis of a child under eighteen years of age or a mentally or2894
physically handicapped child under twenty-one years of age, shall2895
create a substantial risk to the health or safety of the child, by2896
violating a duty of care, protection, or support. It is not a2897
violation of a duty of care, protection, or support under this2898
division when the parent, guardian, custodian, or person having2899
custody or control of a child treats the physical or mental2900
illness or defect of the child by spiritual means through prayer2901
alone, in accordance with the tenets of a recognized religious2902
body.2903

       (B) No person shall do any of the following to a child under2904
eighteen years of age or a mentally or physically handicapped2905
child under twenty-one years of age:2906

       (1) Abuse the child;2907

       (2) Torture or cruelly abuse the child;2908

       (3) Administer corporal punishment or other physical2909
disciplinary measure, or physically restrain the child in a cruel2910
manner or for a prolonged period, which punishment, discipline, or2911
restraint is excessive under the circumstances and creates a2912
substantial risk of serious physical harm to the child;2913

       (4) Repeatedly administer unwarranted disciplinary measures2914
to the child, when there is a substantial risk that such conduct,2915
if continued, will seriously impair or retard the child's mental2916
health or development;2917

       (5) Entice, coerce, permit, encourage, compel, hire, employ,2918
use, or allow the child to act, model, or in any other way2919
participate in, or be photographed for, the production,2920
presentation, dissemination, or advertisement of any material or2921
performance that the offender knows or reasonably should know is2922
obscene, is sexually oriented matter, or is nudity-oriented2923
matter.2924

       (C)(1) No person shall operate a vehicle, streetcar, or2925
trackless trolley within this state in violation of division (A)2926
of section 4511.19 of the Revised Code when one or more children2927
under eighteen years of age are in the vehicle, streetcar, or2928
trackless trolley. Notwithstanding any other provision of law, a2929
person may be convicted at the same trial or proceeding of a2930
violation of this division and a violation of division (A) of2931
section 4511.19 of the Revised Code that constitutes the basis of2932
the charge of the violation of this division. For purposes of2933
sectionsections 4511.191 to 4511.197 of the Revised Code and all2934
related provisions of law, a person arrested for a violation of2935
this division shall be considered to be under arrest for operating2936
a vehicle while under the influence of alcohol, a drug of abuse,2937
or alcohol and a drug of abusea combination of them or for2938
operating a vehicle with a prohibited concentration of alcohol in2939
the whole blood, blood serum or plasma, breath, or urine.2940

       (2) As used in division (C)(1) of this section, "vehicle,"2941
"streetcar," and "trackless trolley" have the same meanings as in2942
section 4511.01 of the Revised Code.2943

       (D)(1) Division (B)(5) of this section does not apply to any2944
material or performance that is produced, presented, or2945
disseminated for a bona fide medical, scientific, educational,2946
religious, governmental, judicial, or other proper purpose, by or2947
to a physician, psychologist, sociologist, scientist, teacher,2948
person pursuing bona fide studies or research, librarian, member2949
of the clergy, prosecutor, judge, or other person having a proper2950
interest in the material or performance.2951

       (2) Mistake of age is not a defense to a charge under2952
division (B)(5) of this section.2953

       (3) In a prosecution under division (B)(5) of this section,2954
the trier of fact may infer that an actor, model, or participant2955
in the material or performance involved is a juvenile if the2956
material or performance, through its title, text, visual2957
representation, or otherwise, represents or depicts the actor,2958
model, or participant as a juvenile.2959

       (4) As used in this division and division (B)(5) of this2960
section:2961

       (a) "Material," "performance," "obscene," and "sexual2962
activity" have the same meanings as in section 2907.01 of the2963
Revised Code.2964

       (b) "Nudity-oriented matter" means any material or2965
performance that shows a minor in a state of nudity and that,2966
taken as a whole by the average person applying contemporary2967
community standards, appeals to prurient interest.2968

       (c) "Sexually oriented matter" means any material or2969
performance that shows a minor participating or engaging in sexual2970
activity, masturbation, or bestiality.2971

       (E)(1) Whoever violates this section is guilty of2972
endangering children.2973

       (2) If the offender violates division (A) or (B)(1) of this2974
section, endangering children is one of the following:2975

       (a) Except as otherwise provided in division (E)(2)(b), (c),2976
or (d) of this section, a misdemeanor of the first degree;2977

       (b) If the offender previously has been convicted of an2978
offense under this section or of any offense involving neglect,2979
abandonment, contributing to the delinquency of, or physical abuse2980
of a child, except as otherwise provided in division (E)(2)(c) or2981
(d) of this section, a felony of the fourth degree;2982

       (c) If the violation is a violation of division (A) of this2983
section and results in serious physical harm to the child2984
involved, a felony of the third degree;2985

       (d) If the violation is a violation of division (B)(1) of2986
this section and results in serious physical harm to the child2987
involved, a felony of the second degree.2988

       (3) If the offender violates division (B)(2), (3), or (4) of2989
this section, except as otherwise provided in this division,2990
endangering children is a felony of the third degree. If the2991
violation results in serious physical harm to the child involved,2992
or if the offender previously has been convicted of an offense2993
under this section or of any offense involving neglect,2994
abandonment, contributing to the delinquency of, or physical abuse2995
of a child, endangering children is a felony of the second degree.2996

       (4) If the offender violates division (B)(5) of this2997
section, endangering children is a felony of the second degree.2998

       (5) If the offender violates division (C) of this section,2999
the offender shall be punished as follows:3000

       (a) Except as otherwise provided in division (E)(5)(b) or3001
(c) of this section, endangering children in violation of division3002
(C) of this section is a misdemeanor of the first degree.3003

       (b) If the violation results in serious physical harm to the3004
child involved or the offender previously has been convicted of an3005
offense under this section or any offense involving neglect,3006
abandonment, contributing to the delinquency of, or physical abuse3007
of a child, except as otherwise provided in division (E)(5)(c) of3008
this section, endangering children in violation of division (C) of3009
this section is a felony of the fifth degree.3010

       (c) If the violation results in serious physical harm to the3011
child involved and if the offender previously has been convicted3012
of a violation of division (C) of this section, section 2903.06 or3013
2903.08 of the Revised Code, section 2903.07 of the Revised Code3014
as it existed prior to March 23, 2000, or section 2903.04 of the3015
Revised Code in a case in which the offender was subject to the3016
sanctions described in division (D) of that section, endangering3017
children in violation of division (C) of this section is a felony3018
of the fourth degree.3019

       (d) In addition to any term of imprisonment, fine, or other3020
sentence, penalty, or sanction it imposes upon the offender3021
pursuant to division (E)(5)(a), (b), or (c) of this section or3022
pursuant to any other provision of law, the court also may impose3023
upon the offender one or both of the following sanctions:3024

       (i) It may require the offender, as part of the offender's3025
sentence and in the manner described in division (F) of this3026
section, to perform not more than two hundred hours of supervised3027
community service work under the authority of any agency,3028
political subdivision, or charitable organization of the type3029
described in division (F)(1) of section 2951.02 of the Revised3030
Code, provided that the court shall not require the offender to3031
perform supervised community service work under this division3032
unless the offender agrees to perform the supervised community3033
service work.3034

       (ii) It may suspend the driver's or commercial driver's3035
license or permit or nonresident operating privilege of the3036
offender for up to ninety days,and in addition to any suspension3037
or revocation of the offender's driver's or commercial driver's3038
license or permit or nonresident operating privilege under Chapter3039
4506., 4507., 4509., 4510., or 4511. of the Revised Code or under3040
any other provision of law, the court also may impose upon the3041
offender a class seven suspension of the offender's driver's or3042
commercial driver's license or permit or nonresident operating3043
privilege from the range specified in division (A)(7) of section3044
4510.02 of the Revised Code.3045

       (e) In addition to any term of imprisonment, fine, or other3046
sentence, penalty, or sanction imposed upon the offender pursuant3047
to division (E)(5)(a), (b), (c), or (d) of this section or3048
pursuant to any other provision of law for the violation of3049
division (C) of this section, if as part of the same trial or3050
proceeding the offender also is convicted of or pleads guilty to a3051
separate charge charging the violation of division (A) of section3052
4511.19 of the Revised Code that was the basis of the charge of3053
the violation of division (C) of this section, the offender also3054
shall be sentenced, in accordance with section 4511.994511.19 of3055
the Revised Code, for that violation of division (A) of section3056
4511.19 of the Revised Code and also shall be subject to all other3057
sanctions that are required or authorized by any provision of law3058
for that violation of division (A) of section 4511.19 of the3059
Revised Code.3060

       (F)(1)(a) If aA court, pursuant to division (E)(5)(d)(i) of3061
this section, requiresmay require an offender to perform not more3062
than two hundred hours of supervised community service work under3063
the authority of an agency, subdivision, or charitable3064
organization, if the offender agrees to perform the supervised3065
community service work. The requirement shall be part of the3066
community control sanction or sentence of the offender, and the3067
court shall impose the community service in accordance with and3068
subject to divisions (F)(1)(a) and (b) of this section. The court3069
may require an offender whom it requires to perform supervised3070
community service work as part of the offender's community control3071
sanction or sentence to pay the court a reasonable fee to cover3072
the costs of the offender's participation in the work, including,3073
but not limited to, the costs of procuring a policy or policies of3074
liability insurance to cover the period during which the offender3075
will perform the work. If the court requires the offender to3076
perform supervised community service work as part of the3077
offender's community control sanction or sentence, the court shall3078
do so in accordance with the following limitations and criteria:3079

       (i) The court shall require that the community service work3080
be performed after completion of the term of imprisonment imposed3081
upon the offender for the violation of division (C) of this3082
section, if applicable.3083

       (ii) The supervised community service work shall be subject3084
to the limitations set forth in divisions (F)(1)(a) to (c) of3085
section 2951.02 of the Revised Code.3086

       (iii) The community service work shall be supervised in the3087
manner described in division (F)(1)(d) of section 2951.02 of the3088
Revised Code by an official or person with the qualifications3089
described in that division. The official or person periodically3090
shall report in writing to the court concerning the conduct of the3091
offender in performing the work.3092

       (iv) The court shall inform the offender in writing that if3093
the offender does not adequately perform, as determined by the3094
court, all of the required community service work, the court may3095
order that the offender be committed to a jail or workhouse for a3096
period of time that does not exceed the term of imprisonment that3097
the court could have imposed upon the offender for the violation3098
of division (C) of this section, reduced by the total amount of3099
time that the offender actually was imprisoned under the sentence3100
or term that was imposed upon the offender for that violation and3101
by the total amount of time that the offender was confined for any3102
reason arising out of the offense for which the offender was3103
convicted and sentenced as described in sections 2949.08 and3104
2967.191 of the Revised Code, and that, if the court orders that3105
the offender be so committed, the court is authorized, but not3106
required, to grant the offender credit upon the period of the3107
commitment for the community service work that the offender3108
adequately performed.3109

       (b) If a court, pursuant to this division and division3110
(E)(5)(d)(i)(F)(1)(a) of this section, orders an offender to3111
perform community service work as part of the offender's community3112
control sanction or sentence and if the offender does not3113
adequately perform all of the required community service work, as3114
determined by the court, the court may order that the offender be3115
committed to a jail or workhouse for a period of time that does3116
not exceed the term of imprisonment that the court could have3117
imposed upon the offender for the violation of division (C) of3118
this section, reduced by the total amount of time that the3119
offender actually was imprisoned under the sentence or term that3120
was imposed upon the offender for that violation and by the total3121
amount of time that the offender was confined for any reason3122
arising out of the offense for which the offender was convicted3123
and sentenced as described in sections 2949.08 and 2967.191 of the3124
Revised Code. The court may order that a person committed pursuant3125
to this division shall receive hour-for-hour credit upon the3126
period of the commitment for the community service work that the3127
offender adequately performed. No commitment pursuant to this3128
division shall exceed the period of the term of imprisonment that3129
the sentencing court could have imposed upon the offender for the3130
violation of division (C) of this section, reduced by the total3131
amount of time that the offender actually was imprisoned under3132
that sentence or term and by the total amount of time that the3133
offender was confined for any reason arising out of the offense3134
for which the offender was convicted and sentenced as described in3135
sections 2949.08 and 2967.191 of the Revised Code.3136

       (2) Divisions (E)(5)(d)(i) andDivision (F)(1) of this3137
section dodoes not limit or affect the authority of the court to3138
suspend the sentence imposed upon a misdemeanor offender and place3139
the offender on probation or otherwise suspend the sentence3140
pursuant to sections 2929.51 and 2951.02 of the Revised Code, to3141
require the misdemeanor offender, as a condition of the offender's3142
probation or of otherwise suspending the offender's sentence, to3143
perform supervised community service work in accordance with3144
division (F) of section 2951.02 of the Revised Code, or to place a3145
felony offender under a community control sanction.3146

       (G)(1) If a court suspends an offender's driver's or3147
commercial driver's license or permit or nonresident operating3148
privilege under division (E)(5)(d)(ii) of this section, the period3149
of the suspension shall be consecutive to, and commence after, the3150
period of suspension or revocation of the offender's driver's or3151
commercial driver's license or permit or nonresident operating3152
privilege that is imposed under Chapter 4506., 4507., 4509.,3153
4510., or 4511. of the Revised Code or under any other provision3154
of law in relation to the violation of division (C) of this3155
section that is the basis of the suspension under division3156
(E)(5)(d)(ii) of this section or in relation to the violation of3157
division (A) of section 4511.19 of the Revised Code that is the3158
basis for that violation of division (C) of this section.3159

       (2) An offender is not entitled to request, and the court3160
shall not grant to the offender, occupationallimited driving3161
privileges under division (G) of this section if the offender's3162
license, permit, or privilege has been suspended under division3163
(E)(5)(d)(ii) of this section and the offender, within the3164
preceding sevensix years, has been convicted of or pleaded guilty3165
to three or more violations of one or more of the following:3166

       (a) Division (C) of this section;3167

       (b) Division (A) or (B) of section 4511.19 of the Revised3168
Code;3169

       (c) A municipal ordinance relatingthat relates to operating3170
a vehicle while under the influence of alcohol, a drug of abuse,3171
or alcohol and a drug of abuse;3172

       (d) A municipal ordinance relatinga combination of them or3173
that relates to operating a vehicle with a prohibited3174
concentration of alcohol in the whole blood, blood serum or3175
plasma, breath, or urine;3176

       (e)(d) Section 2903.04 of the Revised Code in a case in3177
which the offender was subject to the sanctions described in3178
division (D) of that section;3179

       (f)(e) Division (A)(1) of section 2903.06 or division (A)(1)3180
of section 2903.08 of the Revised Code or a municipal ordinance3181
that is substantially similar to either of those divisions;3182

       (g)(f) Division (A)(2), (3), or (4) of section 2903.06,3183
division (A)(2) of section 2903.08, or former section 2903.07 of3184
the Revised Code, or a municipal ordinance that is substantially3185
similar to any of those divisions or that former section, in a3186
case in which the jury or judge found that the offender was under3187
the influence of alcohol, a drug of abuse, or alcohol and a drug3188
of abusea combination of them;3189

       (h)(g) A statute of the United States or of any other state3190
or a municipal ordinance of a municipal corporation located in any3191
other state that is substantially similar to division (A) or (B)3192
of section 4511.19 of the Revised Code.3193

       (3) Any other offender who is not described in division3194
(G)(2) of this section and whose license, permit, or nonresident3195
operating privilege has been suspended under division3196
(E)(5)(d)(ii) of this section may file with the sentencing court a3197
petition alleging that the suspension would seriously affect the3198
offender's ability to continue employment. Upon satisfactory3199
proof that there is reasonable cause to believe that the3200
suspension would seriously affect the offender's ability to3201
continue employment, the court may grant the offender occupational3202
driving privileges during the period during which the suspension3203
otherwise would be imposed, except that the court shall not grant3204
occupational driving privileges for employment as a driver of3205
commercial motor vehicles to any person who is disqualified from3206
operating a commercial motor vehicle under section 3123.611 or3207
4506.16 of the Revised Code or whose commercial driver's license3208
or commercial driver's temporary instruction permit has been3209
suspended under section 3123.58 of the Revised Code.3210

       (H)(1) If a person violates division (C) of this section and3211
if, at the time of the violation, there were two or more children3212
under eighteen years of age in the motor vehicle involved in the3213
violation, the offender may be convicted of a violation of3214
division (C) of this section for each of the children, but the3215
court may sentence the offender for only one of the violations.3216

       (2)(a) If a person is convicted of or pleads guilty to a3217
violation of division (C) of this section but the person is not3218
also convicted of and does not also plead guilty to a separate3219
charge charging the violation of division (A) of section 4511.193220
of the Revised Code that was the basis of the charge of the3221
violation of division (C) of this section, both of the following3222
apply:3223

       (i) For purposes of the provisions of section 4511.993224
4511.19 of the Revised Code that set forth the penalties and3225
sanctions for a violation of division (A) of section 4511.19 of3226
the Revised Code, the conviction of or plea of guilty to the3227
violation of division (C) of this section shall not constitute a3228
violation of division (A) of section 4511.19 of the Revised Code;3229

       (ii) For purposes of any provision of law that refers to a3230
conviction of or plea of guilty to a violation of division (A) of3231
section 4511.19 of the Revised Code and that is not described in3232
division (H)(2)(a)(i) of this section, the conviction of or plea3233
of guilty to the violation of division (C) of this section shall3234
constitute a conviction of or plea of guilty to a violation of3235
division (A) of section 4511.19 of the Revised Code.3236

       (b) If a person is convicted of or pleads guilty to a3237
violation of division (C) of this section and the person also is3238
convicted of or pleads guilty to a separate charge charging the3239
violation of division (A) of section 4511.19 of the Revised Code3240
that was the basis of the charge of the violation of division (C)3241
of this section, the conviction of or plea of guilty to the3242
violation of division (C) of this section shall not constitute,3243
for purposes of any provision of law that refers to a conviction3244
of or plea of guilty to a violation of division (A) of section3245
4511.19 of the Revised Code, a conviction of or plea of guilty to3246
a violation of division (A) of section 4511.19 of the Revised3247
Code.3248

       (I) As used in this section, "community:3249

       (1) "Community control sanction" has the same meaning as in3250
section 2929.01 of the Revised Code;3251

       (2) "Limited driving privileges" has the same meaning as in3252
section 4501.01 of the Revised Code.3253

       Sec. 2921.331.  (A) No person shall fail to comply with any3254
lawful order or direction of any police officer invested with3255
authority to direct, control, or regulate traffic.3256

       (B) No person shall operate a motor vehicle so as willfully3257
to elude or flee a police officer after receiving a visible or3258
audible signal from a police officer to bring the person's motor3259
vehicle to a stop.3260

       (C)(1) Whoever violates this section is guilty of failure to3261
comply with an order or signal of a police officer.3262

       (2) A violation of division (A) of this section is a3263
misdemeanor of the first degree.3264

       (3) Except as provided in divisions (C)(4) and (5) of this3265
section, a violation of division (B) of this section is a3266
misdemeanor of the first degree.3267

       (4) Except as provided in division (C)(5) of this section, a3268
violation of division (B) of this section is a felony of the3269
fourth degree if the jury or judge as trier of fact finds by proof3270
beyond a reasonable doubt that, in committing the offense, the3271
offender was fleeing immediately after the commission of a felony.3272

       (5)(a) A violation of division (B) of this section is a3273
felony of the third degree if the jury or judge as trier of fact3274
finds any of the following by proof beyond a reasonable doubt:3275

       (i) The operation of the motor vehicle by the offender was a3276
proximate cause of serious physical harm to persons or property.3277

       (ii) The operation of the motor vehicle by the offender3278
caused a substantial risk of serious physical harm to persons or3279
property.3280

       (b) If a police officer pursues an offender who is violating3281
division (B) of this section and division (C)(5)(a) of this3282
section applies, the sentencing court, in determining the3283
seriousness of an offender's conduct for purposes of sentencing3284
the offender for a violation of division (B) of this section,3285
shall consider, along with the factors set forth in sections3286
2929.12 and 2929.13 of the Revised Code that are required to be3287
considered, all of the following:3288

       (i) The duration of the pursuit;3289

       (ii) The distance of the pursuit;3290

       (iii) The rate of speed at which the offender operated the3291
motor vehicle during the pursuit;3292

       (iv) Whether the offender failed to stop for traffic lights3293
or stop signs during the pursuit;3294

       (v) The number of traffic lights or stop signs for which the3295
offender failed to stop during the pursuit;3296

       (vi) Whether the offender operated the motor vehicle during3297
the pursuit without lighted lights during a time when lighted3298
lights are required;3299

       (vii) Whether the offender committed a moving violation3300
during the pursuit;3301

       (viii) The number of moving violations the offender3302
committed during the pursuit;3303

       (ix) Any other relevant factors indicating that the3304
offender's conduct is more serious than conduct normally3305
constituting the offense.3306

       (D) If an offender is sentenced pursuant to division (C)(4)3307
or (5) of this section for a violation of division (B) of this3308
section, and if the offender is sentenced to a prison term for3309
that violation, the offender shall serve the prison term3310
consecutively to any other prison term or mandatory prison term3311
imposed upon the offender.3312

       (E) In addition to any other sanction imposed for a violation3313
of this section, the court shall impose a class two suspension3314
from the range specified in division (A)(2) of section 4510.02 of3315
the Revised Code. If the offender previously has been found3316
guilty of an offense under this section, the court shall impose a3317
class one suspension as described in division (A)(1) of that3318
section. The court shall not grant limited driving privileges to3319
the offender.3320

       (F) As used in this section:3321

       (1) "Moving violation" has the same meaning as in section3322
2743.70 of the Revised Code.3323

       (2) "Police officer" has the same meaning as in section3324
4511.01 of the Revised Code.3325

       Sec. 2923.01.  (A) No person, with purpose to commit or to3326
promote or facilitate the commission of aggravated murder, murder,3327
kidnapping, compelling prostitution, promoting prostitution,3328
aggravated arson, arson, aggravated robbery, robbery, aggravated3329
burglary, burglary, engaging in a pattern of corrupt activity,3330
corrupting another with drugs, a felony drug trafficking,3331
manufacturing, processing, or possession offense, theft of drugs,3332
or illegal processing of drug documents, the commission of a3333
felony offense of unauthorized use of a vehicle, or the commission3334
of a violation of any provision of Chapter 3734. of the Revised3335
Code, other than section 3734.18 of the Revised Code, that relates3336
to hazardous wastes, shall do either of the following:3337

       (1) With another person or persons, plan or aid in planning3338
the commission of any of the specified offenses;3339

       (2) Agree with another person or persons that one or more of3340
them will engage in conduct that facilitates the commission of any3341
of the specified offenses.3342

       (B) No person shall be convicted of conspiracy unless a3343
substantial overt act in furtherance of the conspiracy is alleged3344
and proved to have been done by the accused or a person with whom3345
the accused conspired, subsequent to the accused's entrance into3346
the conspiracy. For purposes of this section, an overt act is3347
substantial when it is of a character that manifests a purpose on3348
the part of the actor that the object of the conspiracy should be3349
completed.3350

       (C) When the offender knows or has reasonable cause to3351
believe that a person with whom the offender conspires also has3352
conspired or is conspiring with another to commit the same3353
offense, the offender is guilty of conspiring with that other3354
person, even though the other person's identity may be unknown to3355
the offender.3356

       (D) It is no defense to a charge under this section that, in3357
retrospect, commission of the offense that was the object of the3358
conspiracy was impossible under the circumstances.3359

       (E) A conspiracy terminates when the offense or offenses3360
that are its objects are committed or when it is abandoned by all3361
conspirators. In the absence of abandonment, it is no defense to3362
a charge under this section that no offense that was the object of3363
the conspiracy was committed.3364

       (F) A person who conspires to commit more than one offense3365
is guilty of only one conspiracy, when the offenses are the object3366
of the same agreement or continuous conspiratorial relationship.3367

       (G) When a person is convicted of committing or attempting3368
to commit a specific offense or of complicity in the commission of3369
or attempt to commit the specific offense, the person shall not be3370
convicted of conspiracy involving the same offense.3371

       (H)(1) No person shall be convicted of conspiracy upon the3372
testimony of a person with whom the defendant conspired,3373
unsupported by other evidence.3374

       (2) If a person with whom the defendant allegedly has3375
conspired testifies against the defendant in a case in which the3376
defendant is charged with conspiracy and if the testimony is3377
supported by other evidence, the court, when it charges the jury,3378
shall state substantially the following:3379

       "The testimony of an accomplice that is supported by other3380
evidence does not become inadmissible because of the accomplice's3381
complicity, moral turpitude, or self-interest, but the admitted or3382
claimed complicity of a witness may affect the witness'3383
credibility and make the witness' testimony subject to grave3384
suspicion, and require that it be weighed with great caution.3385

       It is for you, as jurors, in the light of all the facts3386
presented to you from the witness stand, to evaluate such3387
testimony and to determine its quality and worth or its lack of3388
quality and worth."3389

       (3) "Conspiracy," as used in division (H)(1) of this section,3390
does not include any conspiracy that results in an attempt to3391
commit an offense or in the commission of an offense.3392

       (I) The following are affirmative defenses to a charge of3393
conspiracy:3394

       (1) After conspiring to commit an offense, the actor3395
thwarted the success of the conspiracy under circumstances3396
manifesting a complete and voluntary renunciation of the actor's3397
criminal purpose.3398

       (2) After conspiring to commit an offense, the actor3399
abandoned the conspiracy prior to the commission of or attempt to3400
commit any offense that was the object of the conspiracy, either3401
by advising all other conspirators of the actor's abandonment, or3402
by informing any law enforcement authority of the existence of the3403
conspiracy and of the actor's participation in the conspiracy.3404

       (J) Whoever violates this section is guilty of conspiracy,3405
which is one of the following:3406

       (1) A felony of the first degree, when one of the objects of3407
the conspiracy is aggravated murder, murder, or an offense for3408
which the maximum penalty is imprisonment for life;3409

       (2) A felony of the next lesser degree than the most serious3410
offense that is the object of the conspiracy, when the most3411
serious offense that is the object of the conspiracy is a felony3412
of the first, second, third, or fourth degree;3413

       (3) A felony punishable by a fine of not more than3414
twenty-five thousand dollars or imprisonment for not more than3415
eighteen months, or both, when the offense that is the object of3416
the conspiracy is a violation of any provision of Chapter 3734. of3417
the Revised Code, other than section 3734.18 of the Revised Code,3418
that relates to hazardous wastes;3419

       (4) A misdemeanor of the first degree, when the most serious3420
offense that is the object of the conspiracy is a felony of the3421
fifth degree.3422

       (K) This section does not define a separate conspiracy3423
offense or penalty where conspiracy is defined as an offense by3424
one or more sections of the Revised Code, other than this section.3425
In such a case, however:3426

       (1) With respect to the offense specified as the object of3427
the conspiracy in the other section or sections, division (A) of3428
this section defines the voluntary act or acts and culpable mental3429
state necessary to constitute the conspiracy;3430

       (2) Divisions (B) to (I) of this section are incorporated by3431
reference in the conspiracy offense defined by the other section3432
or sections of the Revised Code.3433

       (L)(1) In addition to the penalties that otherwise are3434
imposed for conspiracy, a person who is found guilty of conspiracy3435
to engage in a pattern of corrupt activity is subject to divisions3436
(B)(2), (3), (4), and (5) of section 2923.32 of the Revised Code.3437

       (2) If a person is convicted of or pleads guilty to3438
conspiracy and if the most serious offense that is the object of3439
the conspiracy is a felony drug trafficking, manufacturing,3440
processing, or possession offense, in addition to the penalties or3441
sanctions that may be imposed for the conspiracy under division3442
(J)(2) or (4) of this section and Chapter 2929. of the Revised3443
Code, both of the following apply:3444

       (a) The provisions of divisions (D), (F), and (G) of section3445
2925.03, division (D) of section 2925.04, division (D) of section3446
2925.05, division (D) of section 2925.06, and division (E) of3447
section 2925.11 of the Revised Code that pertain to mandatory and3448
additional fines, driver's or commercial driver's license or3449
permit revocations or suspensions, and professionally licensed3450
persons or persons who have been admitted to the bar by order of3451
the supreme court and that would apply under the appropriate3452
provisions of those divisions to a person who is convicted of or3453
pleads guilty to the felony drug trafficking, manufacturing,3454
processing, or possession offense that is the most serious offense3455
that is the basis of the conspiracy shall apply to the person who3456
is convicted of or pleads guilty to the conspiracy as if the3457
person had been convicted of or pleaded guilty to the felony drug3458
trafficking, manufacturing, processing, or possession offense that3459
is the most serious offense that is the basis of the conspiracy.3460

       (b) The court that imposes sentence upon the person who is3461
convicted of or pleads guilty to the conspiracy shall comply with3462
the provisions identified as being applicable under division3463
(L)(2) of this section, in addition to any other penalty or3464
sanction that it imposes for the conspiracy under division (J)(2)3465
or (4) of this section and Chapter 2929. of the Revised Code.3466

       (M) As used in this section,:3467

       (1) "felony Felony drug trafficking, manufacturing,3468
processing, or possession offense" means any of the following that3469
is a felony:3470

       (1)(a) A violation of section 2925.03, 2925.04, 2925.05, or3471
2925.06 of the Revised Code;3472

       (2)(b) A violation of section 2925.11 of the Revised Code3473
that is not a minor drug possession offense,.3474

       (2) "Minor drug possession offense" has the same meaning as3475
defined in section 2925.01 of the Revised Code.3476

       Sec. 2923.122.  (A) No person shall knowingly convey, or3477
attempt to convey, a deadly weapon or dangerous ordnance into a3478
school safety zone.3479

       (B) No person shall knowingly possess a deadly weapon or3480
dangerous ordnance in a school safety zone.3481

       (C) No person shall knowingly possess an object in a school3482
safety zone if both of the following apply:3483

       (1) The object is indistinguishable from a firearm, whether3484
or not the object is capable of being fired.3485

       (2) The person indicates that the person possesses the3486
object and that it is a firearm, or the person knowingly displays3487
or brandishes the object and indicates that it is a firearm.3488

       (D) This section does not apply to officers, agents, or3489
employees of this or any other state or the United States, or to3490
law enforcement officers, authorized to carry deadly weapons or3491
dangerous ordnance and acting within the scope of their duties, to3492
any security officer employed by a board of education or governing3493
body of a school during the time that the security officer is on3494
duty pursuant to that contract of employment, or to any other3495
person who has written authorization from the board of education3496
or governing body of a school to convey deadly weapons or3497
dangerous ordnance into a school safety zone or to possess a3498
deadly weapon or dangerous ordnance in a school safety zone and3499
who conveys or possesses the deadly weapon or dangerous ordnance3500
in accordance with that authorization.3501

       Division (C) of this section does not apply to premises upon3502
which home schooling is conducted. Division (C) of this section3503
also does not apply to a school administrator, teacher, or3504
employee who possesses an object that is indistinguishable from a3505
firearm for legitimate school purposes during the course of3506
employment, a student who uses an object that is indistinguishable3507
from a firearm under the direction of a school administrator,3508
teacher, or employee, or any other person who with the express3509
prior approval of a school administrator possesses an object that3510
is indistinguishable from a firearm for a legitimate purpose,3511
including the use of the object in a ceremonial activity, a play,3512
reenactment, or other dramatic presentation, or a ROTC activity or3513
another similar use of the object.3514

       (E)(1) Whoever violates division (A) or (B) of this section3515
is guilty of illegal conveyance or possession of a deadly weapon3516
or dangerous ordnance in a school safety zone. Except as3517
otherwise provided in this division, illegal conveyance or3518
possession of a deadly weapon or dangerous ordnance in a school3519
safety zone is a felony of the fifth degree. If the offender3520
previously has been convicted of a violation of this section,3521
illegal conveyance or possession of a deadly weapon or dangerous3522
ordnance in a school safety zone is a felony of the fourth degree.3523

       (2) Whoever violates division (C) of this section is guilty3524
of illegal possession of an object indistinguishable from a3525
firearm in a school safety zone. Except as otherwise provided in3526
this division, illegal possession of an object indistinguishable3527
from a firearm in a school safety zone is a misdemeanor of the3528
first degree. If the offender previously has been convicted of a3529
violation of this section, illegal possession of an object3530
indistinguishable from a firearm in a school safety zone is a3531
felony of the fifth degree.3532

       (F)(1) In addition to any other penalty imposed upon a3533
person who is convicted of or pleads guilty to a violation of this3534
section and subject to division (F)(2) of this section, if the3535
offender has not attained nineteen years of age, regardless of3536
whether the offender is attending or is enrolled in a school3537
operated by a board of education or for which the state board of3538
education prescribes minimum standards under section 3301.07 of3539
the Revised Code, the court shall impose upon the offender3540
whichever of the following penalties applies:3541

       (a) If the offender has been issued a class four suspension3542
of the offender's probationary driver's license, restricted3543
license, driver's license, commercial driver's license, temporary3544
instruction permit, or probationary commercial driver's license3545
that then is in effect, the court shall suspend for a period of3546
not less than twelve months and not more than thirty-six months3547
that license of the offender.3548

       (b) If the offender has been issued a temporary instruction3549
permit that then is in effect, the court shall revoke it and deny3550
the offender the issuance of another temporary instruction permit,3551
and the period of denial shall be for not less than twelve months3552
and not more than thirty-six months.3553

       (c) If the offender has been issued a commercial driver's3554
license temporary instruction permit that then is in effect, the3555
court shall suspend the offender's driver's license, revoke the3556
commercial driver's license temporary instruction permit, and deny3557
the offender the issuance of another commercial driver's license3558
temporary instruction permit, and the period of suspension plus3559
the period of denial shall total not less than twelve months and3560
not more than thirty-six months.3561

       (d) If, on the date the court imposes sentence upon the3562
offender for a violation of this section, the offender has not3563
been issued any type of license that then is in effect to operate3564
a motor vehicle in this state or a temporary instruction permit3565
that then is in effect, the courtfrom the range specified in3566
division (A)(4) of section 4510.02 of the Revised Code and shall3567
deny the offender the issuance of a temporary instructionany3568
permit for aor license of that type during the period of not less3569
than twelve months and not more than thirty-six monthsthe3570
suspension.3571

       (e) If the offender is not a resident of this state, the3572
court shall suspend for a period of not less than twelve months3573
and not more than thirty-six monthsimpose a class four suspension3574
of the nonresident operating privilege of the offender from the3575
range specified in division (A)(4) of section 4510.02 of the3576
Revised Code.3577

       (2) If the offender shows good cause why the court should3578
not suspend or revoke one of the types of licenses, permits, or3579
privileges specified in division (F)(1) of this section or deny3580
the issuance of one of the temporary instruction permits specified3581
in that division, the court in its discretion may choose not to3582
impose the suspension, revocation, or denial required in that3583
division.3584

       (G) As used in this section, "object that is3585
indistinguishable from a firearm" means an object made,3586
constructed, or altered so that, to a reasonable person without3587
specialized training in firearms, the object appears to be a3588
firearm.3589

       Sec. 2925.01.  As used in this chapter:3590

       (A) "Administer," "controlled substance," "dispense,"3591
"distribute," "hypodermic," "manufacturer," "official written3592
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"3593
"schedule II," "schedule III," "schedule IV," "schedule V," and3594
"wholesaler" have the same meanings as in section 3719.01 of the3595
Revised Code.3596

       (B) "Drug dependent person" and "drug of abuse" have the same3597
meanings as in section 3719.011 of the Revised Code.3598

       (C) "Drug," "dangerous drug," "licensed health professional3599
authorized to prescribe drugs," and "prescription" have the same3600
meanings as in section 4729.01 of the Revised Code.3601

       (D) "Bulk amount" of a controlled substance means any of the3602
following:3603

       (1) For any compound, mixture, preparation, or substance3604
included in schedule I, schedule II, or schedule III, with the3605
exception of marihuana, cocaine, L.S.D., heroin, and hashish and3606
except as provided in division (D)(2) or (5) of this section,3607
whichever of the following is applicable:3608

       (a) An amount equal to or exceeding ten grams or twenty-five3609
unit doses of a compound, mixture, preparation, or substance that3610
is or contains any amount of a schedule I opiate or opium3611
derivative;3612

       (b) An amount equal to or exceeding ten grams of a compound,3613
mixture, preparation, or substance that is or contains any amount3614
of raw or gum opium;3615

       (c) An amount equal to or exceeding thirty grams or ten unit3616
doses of a compound, mixture, preparation, or substance that is or3617
contains any amount of a schedule I hallucinogen other than3618
tetrahydrocannabinol or lysergic acid amide, or a schedule I3619
stimulant or depressant;3620

       (d) An amount equal to or exceeding twenty grams or five3621
times the maximum daily dose in the usual dose range specified in3622
a standard pharmaceutical reference manual of a compound, mixture,3623
preparation, or substance that is or contains any amount of a3624
schedule II opiate or opium derivative;3625

       (e) An amount equal to or exceeding five grams or ten unit3626
doses of a compound, mixture, preparation, or substance that is or3627
contains any amount of phencyclidine;3628

       (f) An amount equal to or exceeding one hundred twenty grams3629
or thirty times the maximum daily dose in the usual dose range3630
specified in a standard pharmaceutical reference manual of a3631
compound, mixture, preparation, or substance that is or contains3632
any amount of a schedule II stimulant that is in a final dosage3633
form manufactured by a person authorized by the "Federal Food,3634
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as3635
amended, and the federal drug abuse control laws, as defined in3636
section 3719.01 of the Revised Code, that is or contains any3637
amount of a schedule II depressant substance or a schedule II3638
hallucinogenic substance;3639

       (g) An amount equal to or exceeding three grams of a3640
compound, mixture, preparation, or substance that is or contains3641
any amount of a schedule II stimulant, or any of its salts or3642
isomers, that is not in a final dosage form manufactured by a3643
person authorized by the Federal Food, Drug, and Cosmetic Act and3644
the federal drug abuse control laws.3645

       (2) An amount equal to or exceeding one hundred twenty grams3646
or thirty times the maximum daily dose in the usual dose range3647
specified in a standard pharmaceutical reference manual of a3648
compound, mixture, preparation, or substance that is or contains3649
any amount of a schedule III or IV substance other than an3650
anabolic steroid or a schedule III opiate or opium derivative;3651

       (3) An amount equal to or exceeding twenty grams or five3652
times the maximum daily dose in the usual dose range specified in3653
a standard pharmaceutical reference manual of a compound, mixture,3654
preparation, or substance that is or contains any amount of a3655
schedule III opiate or opium derivative;3656

       (4) An amount equal to or exceeding two hundred fifty3657
milliliters or two hundred fifty grams of a compound, mixture,3658
preparation, or substance that is or contains any amount of a3659
schedule V substance;3660

       (5) An amount equal to or exceeding two hundred solid dosage3661
units, sixteen grams, or sixteen milliliters of a compound,3662
mixture, preparation, or substance that is or contains any amount3663
of a schedule III anabolic steroid.3664

       (E) "Unit dose" means an amount or unit of a compound,3665
mixture, or preparation containing a controlled substance that is3666
separately identifiable and in a form that indicates that it is3667
the amount or unit by which the controlled substance is separately3668
administered to or taken by an individual.3669

       (F) "Cultivate" includes planting, watering, fertilizing, or3670
tilling.3671

       (G) "Drug abuse offense" means any of the following:3672

       (1) A violation of division (A) of section 2913.02 that3673
constitutes theft of drugs, or a violation of section 2925.02,3674
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,3675
2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.373676
of the Revised Code;3677

       (2) A violation of an existing or former law of this or any3678
other state or of the United States that is substantially3679
equivalent to any section listed in division (G)(1) of this3680
section;3681

       (3) An offense under an existing or former law of this or3682
any other state, or of the United States, of which planting,3683
cultivating, harvesting, processing, making, manufacturing,3684
producing, shipping, transporting, delivering, acquiring,3685
possessing, storing, distributing, dispensing, selling, inducing3686
another to use, administering to another, using, or otherwise3687
dealing with a controlled substance is an element;3688

       (4) A conspiracy to commit, attempt to commit, or complicity3689
in committing or attempting to commit any offense under division3690
(G)(1), (2), or (3) of this section.3691

       (H) "Felony drug abuse offense" means any drug abuse offense3692
that would constitute a felony under the laws of this state, any3693
other state, or the United States.3694

       (I) "Harmful intoxicant" does not include beer or3695
intoxicating liquor but means any compound, mixture, preparation,3696
or substance the gas, fumes, or vapor of which when inhaled can3697
induce intoxication, excitement, giddiness, irrational behavior,3698
depression, stupefaction, paralysis, unconsciousness,3699
asphyxiation, or other harmful physiological effects, and3700
includes, but is not limited to, any of the following:3701

       (1) Any volatile organic solvent, plastic cement, model3702
cement, fingernail polish remover, lacquer thinner, cleaning3703
fluid, gasoline, or other preparation containing a volatile3704
organic solvent;3705

       (2) Any aerosol propellant;3706

       (3) Any fluorocarbon refrigerant;3707

       (4) Any anesthetic gas.3708

       (J) "Manufacture" means to plant, cultivate, harvest,3709
process, make, prepare, or otherwise engage in any part of the3710
production of a drug, by propagation, extraction, chemical3711
synthesis, or compounding, or any combination of the same, and3712
includes packaging, repackaging, labeling, and other activities3713
incident to production.3714

       (K) "Possess" or "possession" means having control over a3715
thing or substance, but may not be inferred solely from mere3716
access to the thing or substance through ownership or occupation3717
of the premises upon which the thing or substance is found.3718

       (L) "Sample drug" means a drug or pharmaceutical preparation3719
that would be hazardous to health or safety if used without the3720
supervision of a licensed health professional authorized to3721
prescribe drugs, or a drug of abuse, and that, at one time, had3722
been placed in a container plainly marked as a sample by a3723
manufacturer.3724

       (M) "Standard pharmaceutical reference manual" means the3725
current edition, with cumulative changes if any, of any of the3726
following reference works:3727

       (1) "The National Formulary";3728

       (2) "The United States Pharmacopeia," prepared by authority3729
of the United States Pharmacopeial Convention, Inc.;3730

       (3) Other standard references that are approved by the state3731
board of pharmacy.3732

       (N) "Juvenile" means a person under eighteen years of age.3733

       (O) "Counterfeit controlled substance" means any of the3734
following:3735

       (1) Any drug that bears, or whose container or label bears,3736
a trademark, trade name, or other identifying mark used without3737
authorization of the owner of rights to that trademark, trade3738
name, or identifying mark;3739

       (2) Any unmarked or unlabeled substance that is represented3740
to be a controlled substance manufactured, processed, packed, or3741
distributed by a person other than the person that manufactured,3742
processed, packed, or distributed it;3743

       (3) Any substance that is represented to be a controlled3744
substance but is not a controlled substance or is a different3745
controlled substance;3746

       (4) Any substance other than a controlled substance that a3747
reasonable person would believe to be a controlled substance3748
because of its similarity in shape, size, and color, or its3749
markings, labeling, packaging, distribution, or the price for3750
which it is sold or offered for sale.3751

       (P) An offense is "committed in the vicinity of a school" if3752
the offender commits the offense on school premises, in a school3753
building, or within one thousand feet of the boundaries of any3754
school premises.3755

       (Q) "School" means any school operated by a board of3756
education or any school for which the state board of education3757
prescribes minimum standards under section 3301.07 of the Revised3758
Code, whether or not any instruction, extracurricular activities,3759
or training provided by the school is being conducted at the time3760
a criminal offense is committed.3761

       (R) "School premises" means either of the following:3762

       (1) The parcel of real property on which any school is3763
situated, whether or not any instruction, extracurricular3764
activities, or training provided by the school is being conducted3765
on the premises at the time a criminal offense is committed;3766

       (2) Any other parcel of real property that is owned or3767
leased by a board of education of a school or the governing body3768
of a school for which the state board of education prescribes3769
minimum standards under section 3301.07 of the Revised Code and on3770
which some of the instruction, extracurricular activities, or3771
training of the school is conducted, whether or not any3772
instruction, extracurricular activities, or training provided by3773
the school is being conducted on the parcel of real property at3774
the time a criminal offense is committed.3775

       (S) "School building" means any building in which any of the3776
instruction, extracurricular activities, or training provided by a3777
school is conducted, whether or not any instruction,3778
extracurricular activities, or training provided by the school is3779
being conducted in the school building at the time a criminal3780
offense is committed.3781

       (T) "Disciplinary counsel" means the disciplinary counsel3782
appointed by the board of commissioners on grievances and3783
discipline of the supreme court under the Rules for the Government3784
of the Bar of Ohio.3785

       (U) "Certified grievance committee" means a duly constituted3786
and organized committee of the Ohio state bar association or of3787
one or more local bar associations of the state of Ohio that3788
complies with the criteria set forth in Rule V, section 6 of the3789
Rules for the Government of the Bar of Ohio.3790

       (V) "Professional license" means any license, permit,3791
certificate, registration, qualification, admission, temporary3792
license, temporary permit, temporary certificate, or temporary3793
registration that is described in divisions (W)(1) to (35)(36) of3794
this section and that qualifies a person as a professionally3795
licensed person.3796

       (W) "Professionally licensed person" means any of the3797
following:3798

       (1) A person who has obtained a license as a manufacturer of3799
controlled substances or a wholesaler of controlled substances3800
under Chapter 3719. of the Revised Code;3801

       (2) A person who has received a certificate or temporary3802
certificate as a certified public accountant or who has registered3803
as a public accountant under Chapter 4701. of the Revised Code and3804
who holds an Ohio permit issued under that chapter;3805

       (3) A person who holds a certificate of qualification to3806
practice architecture issued or renewed and registered under3807
Chapter 4703. of the Revised Code;3808

       (4) A person who is registered as a landscape architect3809
under Chapter 4703. of the Revised Code or who holds a permit as a3810
landscape architect issued under that chapter;3811

       (5) A person licensed as an auctioneer or apprentice3812
auctioneer or licensed to operate an auction company under Chapter3813
4707. of the Revised Code;3814

       (6) A person who has been issued a certificate of3815
registration as a registered barber under Chapter 4709. of the3816
Revised Code;3817

       (7) A person licensed and regulated to engage in the3818
business of a debt pooling company by a legislative authority,3819
under authority of Chapter 4710. of the Revised Code;3820

       (8) A person who has been issued a cosmetologist's license,3821
manicurist's license, esthetician's license, managing3822
cosmetologist's license, managing manicurist's license, managing3823
esthetician's license, cosmetology instructor's license,3824
manicurist instructor's license, esthetician instructor's license,3825
or tanning facility permit under Chapter 4713. of the Revised3826
Code;3827

       (9) A person who has been issued a license to practice3828
dentistry, a general anesthesia permit, a conscious intravenous3829
sedation permit, a limited resident's license, a limited teaching3830
license, a dental hygienist's license, or a dental hygienist's3831
teacher's certificate under Chapter 4715. of the Revised Code;3832

       (10) A person who has been issued an embalmer's license, a3833
funeral director's license, a funeral home license, or a crematory3834
license, or who has been registered for an embalmer's or funeral3835
director's apprenticeship under Chapter 4717. of the Revised Code;3836

       (11) A person who has been licensed as a registered nurse or3837
practical nurse, or who has been issued a certificate for the3838
practice of nurse-midwifery under Chapter 4723. of the Revised3839
Code;3840

       (12) A person who has been licensed to practice optometry or3841
to engage in optical dispensing under Chapter 4725. of the Revised3842
Code;3843

       (13) A person licensed to act as a pawnbroker under Chapter3844
4727. of the Revised Code;3845

       (14) A person licensed to act as a precious metals dealer3846
under Chapter 4728. of the Revised Code;3847

       (15) A person licensed as a pharmacist, a pharmacy intern, a3848
wholesale distributor of dangerous drugs, or a terminal3849
distributor of dangerous drugs under Chapter 4729. of the Revised3850
Code;3851

       (16) A person who is authorized to practice as a physician3852
assistant under Chapter 4730. of the Revised Code;3853

       (17) A person who has been issued a certificate to practice3854
medicine and surgery, osteopathic medicine and surgery, a limited3855
branch of medicine, or podiatry under Chapter 4731. of the Revised3856
Code;3857

       (18) A person licensed as a psychologist or school3858
psychologist under Chapter 4732. of the Revised Code;3859

       (19) A person registered to practice the profession of3860
engineering or surveying under Chapter 4733. of the Revised Code;3861

       (20) A person who has been issued a license to practice3862
chiropractic under Chapter 4734. of the Revised Code;3863

       (21) A person licensed to act as a real estate broker or3864
real estate salesperson under Chapter 4735. of the Revised Code;3865

       (22) A person registered as a registered sanitarian under3866
Chapter 4736. of the Revised Code;3867

       (23) A person licensed to operate or maintain a junkyard3868
under Chapter 4737. of the Revised Code;3869

       (24) A person who has been issued a motor vehicle salvage3870
dealer's license under Chapter 4738. of the Revised Code;3871

       (25) A person who has been licensed to act as a steam3872
engineer under Chapter 4739. of the Revised Code;3873

       (26) A person who has been issued a license or temporary3874
permit to practice veterinary medicine or any of its branches, or3875
who is registered as a graduate animal technician under Chapter3876
4741. of the Revised Code;3877

       (27) A person who has been issued a hearing aid dealer's or3878
fitter's license or trainee permit under Chapter 4747. of the3879
Revised Code;3880

       (28) A person who has been issued a class A, class B, or3881
class C license or who has been registered as an investigator or3882
security guard employee under Chapter 4749. of the Revised Code;3883

       (29) A person licensed and registered to practice as a3884
nursing home administrator under Chapter 4751. of the Revised3885
Code;3886

       (30) A person licensed to practice as a speech-language3887
pathologist or audiologist under Chapter 4753. of the Revised3888
Code;3889

       (31) A person issued a license as an occupational therapist3890
or physical therapist under Chapter 4755. of the Revised Code;3891

       (32) A person who is licensed as a professional clinical3892
counselor or professional counselor, licensed as a social worker3893
or independent social worker, or registered as a social work3894
assistant under Chapter 4757. of the Revised Code;3895

       (33) A person issued a license to practice dietetics under3896
Chapter 4759. of the Revised Code;3897

       (34) A person who has been issued a license or limited3898
permit to practice respiratory therapy under Chapter 4761. of the3899
Revised Code;3900

       (35) A person who has been issued a real estate appraiser3901
certificate under Chapter 4763. of the Revised Code;3902

       (36) A person who has been admitted to the bar by order of3903
the supreme court in compliance with its prescribed and published3904
rules.3905

       (X) "Cocaine" means any of the following:3906

       (1) A cocaine salt, isomer, or derivative, a salt of a3907
cocaine isomer or derivative, or the base form of cocaine;3908

       (2) Coca leaves or a salt, compound, derivative, or3909
preparation of coca leaves, including ecgonine, a salt, isomer, or3910
derivative of ecgonine, or a salt of an isomer or derivative of3911
ecgonine;3912

       (3) A salt, compound, derivative, or preparation of a3913
substance identified in division (X)(1) or (2) of this section3914
that is chemically equivalent to or identical with any of those3915
substances, except that the substances shall not include3916
decocainized coca leaves or extraction of coca leaves if the3917
extractions do not contain cocaine or ecgonine.3918

       (Y) "L.S.D." means lysergic acid diethylamide.3919

       (Z) "Hashish" means the resin or a preparation of the resin3920
contained in marihuana, whether in solid form or in a liquid3921
concentrate, liquid extract, or liquid distillate form.3922

       (AA) "Marihuana" has the same meaning as in section 3719.013923
of the Revised Code, except that it does not include hashish.3924

       (BB) An offense is "committed in the vicinity of a juvenile"3925
if the offender commits the offense within one hundred feet of a3926
juvenile or within the view of a juvenile, regardless of whether3927
the offender knows the age of the juvenile, whether the offender3928
knows the offense is being committed within one hundred feet of or3929
within view of the juvenile, or whether the juvenile actually3930
views the commission of the offense.3931

       (CC) "Presumption for a prison term" or "presumption that a3932
prison term shall be imposed" means a presumption, as described in3933
division (D) of section 2929.13 of the Revised Code, that a prison3934
term is a necessary sanction for a felony in order to comply with3935
the purposes and principles of sentencing under section 2929.11 of3936
the Revised Code.3937

       (DD) "Major drug offender" has the same meaning as in section3938
2929.01 of the Revised Code.3939

       (EE) "Minor drug possession offense" means either of the3940
following:3941

       (1) A violation of section 2925.11 of the Revised Code as it3942
existed prior to July 1, 1996;3943

       (2) A violation of section 2925.11 of the Revised Code as it3944
exists on and after July 1, 1996, that is a misdemeanor or a3945
felony of the fifth degree.3946

       (FF) "Mandatory prison term" has the same meaning as in3947
section 2929.01 of the Revised Code.3948

       (GG) "Crack cocaine" means a compound, mixture, preparation,3949
or substance that is or contains any amount of cocaine that is3950
analytically identified as the base form of cocaine or that is in3951
a form that resembles rocks or pebbles generally intended for3952
individual use.3953

       (HH) "Adulterate" means to cause a drug to be adulterated as3954
described in section 3715.63 of the Revised Code.3955

       Sec. 2925.02.  (A) No person shall knowingly do any of the3956
following:3957

       (1) By force, threat, or deception, administer to another or3958
induce or cause another to use a controlled substance;3959

       (2) By any means, administer or furnish to another or induce3960
or cause another to use a controlled substance with purpose to3961
cause serious physical harm to the other person, or with purpose3962
to cause the other person to become drug dependent;3963

       (3) By any means, administer or furnish to another or induce3964
or cause another to use a controlled substance, and thereby cause3965
serious physical harm to the other person, or cause the other3966
person to become drug dependent;3967

       (4) By any means, do any of the following:3968

       (a) Furnish or administer a controlled substance to a3969
juvenile who is at least two years the offender's junior, when the3970
offender knows the age of the juvenile or is reckless in that3971
regard;3972

       (b) Induce or cause a juvenile who is at least two years the3973
offender's junior to use a controlled substance, when the offender3974
knows the age of the juvenile or is reckless in that regard;3975

       (c) Induce or cause a juvenile who is at least two years the3976
offender's junior to commit a felony drug abuse offense, when the3977
offender knows the age of the juvenile or is reckless in that3978
regard;3979

       (d) Use a juvenile, whether or not the offender knows the3980
age of the juvenile, to perform any surveillance activity that is3981
intended to prevent the detection of the offender or any other3982
person in the commission of a felony drug abuse offense or to3983
prevent the arrest of the offender or any other person for the3984
commission of a felony drug abuse offense.3985

       (B) Division (A)(1), (3), or (4) of this section does not3986
apply to manufacturers, wholesalers, licensed health professionals3987
authorized to prescribe drugs, pharmacists, owners of pharmacies,3988
and other persons whose conduct is in accordance with Chapters3989
3719., 4715., 4723., 4729., 4731., and 4741. of the Revised Code.3990

       (C) Whoever violates this section is guilty of corrupting3991
another with drugs. The penalty for the offense shall be3992
determined as follows:3993

       (1) Except as otherwise provided in this division, if the3994
drug involved is any compound, mixture, preparation, or substance3995
included in schedule I or II, with the exception of marihuana,3996
corrupting another with drugs is a felony of the second degree,3997
and, subject to division (E) of this section, the court shall3998
impose as a mandatory prison term one of the prison terms3999
prescribed for a felony of the second degree. If the drug4000
involved is any compound, mixture, preparation, or substance4001
included in schedule I or II, with the exception of marihuana, and4002
if the offense was committed in the vicinity of a school,4003
corrupting another with drugs is a felony of the first degree,4004
and, subject to division (E) of this section, the court shall4005
impose as a mandatory prison term one of the prison terms4006
prescribed for a felony of the first degree.4007

       (2) Except as otherwise provided in this division, if the4008
drug involved is any compound, mixture, preparation, or substance4009
included in schedule III, IV, or V, corrupting another with drugs4010
is a felony of the second degree, and there is a presumption for a4011
prison term for the offense. If the drug involved is any4012
compound, mixture, preparation, or substance included in schedule4013
III, IV, or V and if the offense was committed in the vicinity of4014
a school, corrupting another with drugs is a felony of the second4015
degree, and the court shall impose as a mandatory prison term one4016
of the prison terms prescribed for a felony of the second degree.4017

       (3) Except as otherwise provided in this division, if the4018
drug involved is marihuana, corrupting another with drugs is a4019
felony of the fourth degree, and division (C) of section 2929.134020
of the Revised Code applies in determining whether to impose a4021
prison term on the offender. If the drug involved is marihuana4022
and if the offense was committed in the vicinity of a school,4023
corrupting another with drugs is a felony of the third degree, and4024
division (C) of section 2929.13 of the Revised Code applies in4025
determining whether to impose a prison term on the offender.4026

       (D) In addition to any prison term authorized or required by4027
division (C) or (E) of this section and sections 2929.13 and4028
2929.14 of the Revised Code and in addition to any other sanction4029
imposed for the offense under this section or sections 2929.11 to4030
2929.18 of the Revised Code, the court that sentences an offender4031
who is convicted of or pleads guilty to a violation of division4032
(A) of this section or the clerk of that court shall do all of the4033
following that are applicable regarding the offender:4034

       (1)(a) If the violation is a felony of the first, second, or4035
third degree, the court shall impose upon the offender the4036
mandatory fine specified for the offense under division (B)(1) of4037
section 2929.18 of the Revised Code unless, as specified in that4038
division, the court determines that the offender is indigent.4039

       (b) Notwithstanding any contrary provision of section4040
3719.21 of the Revised Code, any mandatory fine imposed pursuant4041
to division (D)(1)(a) of this section and any fine imposed for a4042
violation of this section pursuant to division (A) of section4043
2929.18 of the Revised Code shall be paid by the clerk of the4044
court in accordance with and subject to the requirements of, and4045
shall be used as specified in, division (F) of section 2925.03 of4046
the Revised Code.4047

       (c) If a person is charged with any violation of this4048
section that is a felony of the first, second, or third degree,4049
posts bail, and forfeits the bail, the forfeited bail shall be4050
paid by the clerk of the court pursuant to division (D)(1)(b) of4051
this section as if it were a fine imposed for a violation of this4052
section.4053

       (2) The court either shall revoke or, if it does not revoke,4054
shall suspend for not less than six months or more than five4055
years, the driver's or commercial driver's license or permit of4056
any person who is convicted of or pleads guilty to a violation of4057
this section that is a felony of the first degree and shall4058
suspend for not less than six months nor more than five years the4059
offender's driver's or commercial driver's license or permit of4060
any person who is convicted of or pleads guilty to any other4061
violation of this section. If an offender's driver's or4062
commercial driver's license or permit is revokedsuspended4063
pursuant to this division, the offender, at any time after the4064
expiration of two years from the day on which the offender's4065
sentence was imposed or from the day on which the offender finally4066
was released from a prison term under the sentence, whichever is4067
later, may file a motion with the sentencing court requesting4068
termination of the revocationsuspension. Upon the filing of the4069
motion and the court's finding of good cause for the termination,4070
the court may terminate the revocationsuspension.4071

       (3) If the offender is a professionally licensed person or a4072
person who has been admitted to the bar by order of the supreme4073
court in compliance with its prescribed and published rules, in4074
addition to any other sanction imposed for a violation of this4075
section, the court forthwithimmediately shall comply with section4076
2925.38 of the Revised Code.4077

       (E) Notwithstanding the prison term otherwise authorized or4078
required for the offense under division (C) of this section and4079
sections 2929.13 and 2929.14 of the Revised Code, if the violation4080
of division (A) of this section involves the sale, offer to sell,4081
or possession of a schedule I or II controlled substance, with the4082
exception of marihuana, and if the court imposing sentence upon4083
the offender finds that the offender as a result of the violation4084
is a major drug offender and is guilty of a specification of the4085
type described in section 2941.1410 of the Revised Code, the4086
court, in lieu of the prison term that otherwise is authorized or4087
required, shall impose upon the offender the mandatory prison term4088
specified in division (D)(3)(a) of section 2929.14 of the Revised4089
Code and may impose an additional prison term under division4090
(D)(3)(b) of that section.4091

       Sec. 2925.03.  (A) No person shall knowingly do any of the4092
following:4093

       (1) Sell or offer to sell a controlled substance;4094

       (2) Prepare for shipment, ship, transport, deliver, prepare4095
for distribution, or distribute a controlled substance, when the4096
offender knows or has reasonable cause to believe that the4097
controlled substance is intended for sale or resale by the4098
offender or another person.4099

       (B) This section does not apply to any of the following:4100

       (1) Manufacturers, licensed health professionals authorized4101
to prescribe drugs, pharmacists, owners of pharmacies, and other4102
persons whose conduct is in accordance with Chapters 3719., 4715.,4103
4723., 4729., 4731., and 4741. of the Revised Code;4104

       (2) If the offense involves an anabolic steroid, any person4105
who is conducting or participating in a research project involving4106
the use of an anabolic steroid if the project has been approved by4107
the United States food and drug administration;4108

       (3) Any person who sells, offers for sale, prescribes,4109
dispenses, or administers for livestock or other nonhuman species4110
an anabolic steroid that is expressly intended for administration4111
through implants to livestock or other nonhuman species and4112
approved for that purpose under the "Federal Food, Drug, and4113
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,4114
and is sold, offered for sale, prescribed, dispensed, or4115
administered for that purpose in accordance with that act.4116

       (C) Whoever violates division (A) of this section is guilty4117
of one of the following:4118

       (1) If the drug involved in the violation is any compound,4119
mixture, preparation, or substance included in schedule I or4120
schedule II, with the exception of marihuana, cocaine, L.S.D.,4121
heroin, and hashish, whoever violates division (A) of this section4122
is guilty of aggravated trafficking in drugs. The penalty for the4123
offense shall be determined as follows:4124

       (a) Except as otherwise provided in division (C)(1)(b), (c),4125
(d), (e), or (f) of this section, aggravated trafficking in drugs4126
is a felony of the fourth degree, and division (C) of section4127
2929.13 of the Revised Code applies in determining whether to4128
impose a prison term on the offender.4129

       (b) Except as otherwise provided in division (C)(1)(c), (d),4130
(e), or (f) of this section, if the offense was committed in the4131
vicinity of a school or in the vicinity of a juvenile, aggravated4132
trafficking in drugs is a felony of the third degree, and division4133
(C) of section 2929.13 of the Revised Code applies in determining4134
whether to impose a prison term on the offender.4135

       (c) Except as otherwise provided in this division, if the4136
amount of the drug involved equals or exceeds the bulk amount but4137
is less than five times the bulk amount, aggravated trafficking in4138
drugs is a felony of the third degree, and the court shall impose4139
as a mandatory prison term one of the prison terms prescribed for4140
a felony of the third degree. If the amount of the drug involved4141
is within that range and if the offense was committed in the4142
vicinity of a school or in the vicinity of a juvenile, aggravated4143
trafficking in drugs is a felony of the second degree, and the4144
court shall impose as a mandatory prison term one of the prison4145
terms prescribed for a felony of the second degree.4146

       (d) Except as otherwise provided in this division, if the4147
amount of the drug involved equals or exceeds five times the bulk4148
amount but is less than fifty times the bulk amount, aggravated4149
trafficking in drugs is a felony of the second degree, and the4150
court shall impose as a mandatory prison term one of the prison4151
terms prescribed for a felony of the second degree. If the amount4152
of the drug involved is within that range and if the offense was4153
committed in the vicinity of a school or in the vicinity of a4154
juvenile, aggravated trafficking in drugs is a felony of the first4155
degree, and the court shall impose as a mandatory prison term one4156
of the prison terms prescribed for a felony of the first degree.4157

       (e) If the amount of the drug involved equals or exceeds4158
fifty times the bulk amount but is less than one hundred times the4159
bulk amount and regardless of whether the offense was committed in4160
the vicinity of a school or in the vicinity of a juvenile,4161
aggravated trafficking in drugs is a felony of the first degree,4162
and the court shall impose as a mandatory prison term one of the4163
prison terms prescribed for a felony of the first degree.4164

       (f) If the amount of the drug involved equals or exceeds one4165
hundred times the bulk amount and regardless of whether the4166
offense was committed in the vicinity of a school or in the4167
vicinity of a juvenile, aggravated trafficking in drugs is a4168
felony of the first degree, the offender is a major drug offender,4169
and the court shall impose as a mandatory prison term the maximum4170
prison term prescribed for a felony of the first degree and may4171
impose an additional prison term prescribed for a major drug4172
offender under division (D)(3)(b) of section 2929.14 of the4173
Revised Code.4174

       (2) If the drug involved in the violation is any compound,4175
mixture, preparation, or substance included in schedule III, IV,4176
or V, whoever violates division (A) of this section is guilty of4177
trafficking in drugs. The penalty for the offense shall be4178
determined as follows:4179

       (a) Except as otherwise provided in division (C)(2)(b), (c),4180
(d), or (e) of this section, trafficking in drugs is a felony of4181
the fifth degree, and division (C) of section 2929.13 of the4182
Revised Code applies in determining whether to impose a prison4183
term on the offender.4184

       (b) Except as otherwise provided in division (C)(2)(c), (d),4185
or (e) of this section, if the offense was committed in the4186
vicinity of a school or in the vicinity of a juvenile, trafficking4187
in drugs is a felony of the fourth degree, and division (C) of4188
section 2929.13 of the Revised Code applies in determining whether4189
to impose a prison term on the offender.4190

       (c) Except as otherwise provided in this division, if the4191
amount of the drug involved equals or exceeds the bulk amount but4192
is less than five times the bulk amount, trafficking in drugs is a4193
felony of the fourth degree, and there is a presumption for a4194
prison term for the offense. If the amount of the drug involved4195
is within that range and if the offense was committed in the4196
vicinity of a school or in the vicinity of a juvenile, trafficking4197
in drugs is a felony of the third degree, and there is a4198
presumption for a prison term for the offense.4199

       (d) Except as otherwise provided in this division, if the4200
amount of the drug involved equals or exceeds five times the bulk4201
amount but is less than fifty times the bulk amount, trafficking4202
in drugs is a felony of the third degree, and there is a4203
presumption for a prison term for the offense. If the amount of4204
the drug involved is within that range and if the offense was4205
committed in the vicinity of a school or in the vicinity of a4206
juvenile, trafficking in drugs is a felony of the second degree,4207
and there is a presumption for a prison term for the offense.4208

       (e) Except as otherwise provided in this division, if the4209
amount of the drug involved equals or exceeds fifty times the bulk4210
amount, trafficking in drugs is a felony of the second degree, and4211
the court shall impose as a mandatory prison term one of the4212
prison terms prescribed for a felony of the second degree. If the4213
amount of the drug involved equals or exceeds fifty times the bulk4214
amount and if the offense was committed in the vicinity of a4215
school or in the vicinity of a juvenile, trafficking in drugs is a4216
felony of the first degree, and the court shall impose as a4217
mandatory prison term one of the prison terms prescribed for a4218
felony of the first degree.4219

       (3) If the drug involved in the violation is marihuana or a4220
compound, mixture, preparation, or substance containing marihuana4221
other than hashish, whoever violates division (A) of this section4222
is guilty of trafficking in marihuana. The penalty for the4223
offense shall be determined as follows:4224

       (a) Except as otherwise provided in division (C)(3)(b), (c),4225
(d), (e), (f), or (g) of this section, trafficking in marihuana is4226
a felony of the fifth degree, and division (C) of section 2929.134227
of the Revised Code applies in determining whether to impose a4228
prison term on the offender.4229

       (b) Except as otherwise provided in division (C)(3)(c), (d),4230
(e), (f), or (g) of this section, if the offense was committed in4231
the vicinity of a school or in the vicinity of a juvenile,4232
trafficking in marihuana is a felony of the fourth degree, and4233
division (C) of section 2929.13 of the Revised Code applies in4234
determining whether to impose a prison term on the offender.4235

       (c) Except as otherwise provided in this division, if the4236
amount of the drug involved equals or exceeds two hundred grams4237
but is less than one thousand grams, trafficking in marihuana is a4238
felony of the fourth degree, and division (C) of section 2929.134239
of the Revised Code applies in determining whether to impose a4240
prison term on the offender. If the amount of the drug involved4241
is within that range and if the offense was committed in the4242
vicinity of a school or in the vicinity of a juvenile, trafficking4243
in marihuana is a felony of the third degree, and division (C) of4244
section 2929.13 of the Revised Code applies in determining whether4245
to impose a prison term on the offender.4246

       (d) Except as otherwise provided in this division, if the4247
amount of the drug involved equals or exceeds one thousand grams4248
but is less than five thousand grams, trafficking in marihuana is4249
a felony of the third degree, and division (C) of section 2929.134250
of the Revised Code applies in determining whether to impose a4251
prison term on the offender. If the amount of the drug involved4252
is within that range and if the offense was committed in the4253
vicinity of a school or in the vicinity of a juvenile, trafficking4254
in marihuana is a felony of the second degree, and there is a4255
presumption that a prison term shall be imposed for the offense.4256

       (e) Except as otherwise provided in this division, if the4257
amount of the drug involved equals or exceeds five thousand grams4258
but is less than twenty thousand grams, trafficking in marihuana4259
is a felony of the third degree, and there is a presumption that a4260
prison term shall be imposed for the offense. If the amount of4261
the drug involved is within that range and if the offense was4262
committed in the vicinity of a school or in the vicinity of a4263
juvenile, trafficking in marihuana is a felony of the second4264
degree, and there is a presumption that a prison term shall be4265
imposed for the offense.4266

       (f) Except as otherwise provided in this division, if the4267
amount of the drug involved equals or exceeds twenty thousand4268
grams, trafficking in marihuana is a felony of the second degree,4269
and the court shall impose as a mandatory prison term the maximum4270
prison term prescribed for a felony of the second degree. If the4271
amount of the drug involved equals or exceeds twenty thousand4272
grams and if the offense was committed in the vicinity of a school4273
or in the vicinity of a juvenile, trafficking in marihuana is a4274
felony of the first degree, and the court shall impose as a4275
mandatory prison term the maximum prison term prescribed for a4276
felony of the first degree.4277

       (g) Except as otherwise provided in this division, if the4278
offense involves a gift of twenty grams or less of marihuana,4279
trafficking in marihuana is a minor misdemeanor upon a first4280
offense and a misdemeanor of the third degree upon a subsequent4281
offense. If the offense involves a gift of twenty grams or less4282
of marihuana and if the offense was committed in the vicinity of a4283
school or in the vicinity of a juvenile, trafficking in marihuana4284
is a misdemeanor of the third degree.4285

       (4) If the drug involved in the violation is cocaine or a4286
compound, mixture, preparation, or substance containing cocaine,4287
whoever violates division (A) of this section is guilty of4288
trafficking in cocaine. The penalty for the offense shall be4289
determined as follows:4290

       (a) Except as otherwise provided in division (C)(4)(b), (c),4291
(d), (e), (f), or (g) of this section, trafficking in cocaine is a4292
felony of the fifth degree, and division (C) of section 2929.13 of4293
the Revised Code applies in determining whether to impose a prison4294
term on the offender.4295

       (b) Except as otherwise provided in division (C)(4)(c), (d),4296
(e), (f), or (g) of this section, if the offense was committed in4297
the vicinity of a school or in the vicinity of a juvenile,4298
trafficking in cocaine is a felony of the fourth degree, and4299
division (C) of section 2929.13 of the Revised Code applies in4300
determining whether to impose a prison term on the offender.4301

       (c) Except as otherwise provided in this division, if the4302
amount of the drug involved equals or exceeds five grams but is4303
less than ten grams of cocaine that is not crack cocaine or equals4304
or exceeds one gram but is less than five grams of crack cocaine,4305
trafficking in cocaine is a felony of the fourth degree, and there4306
is a presumption for a prison term for the offense. If the amount4307
of the drug involved is within one of those ranges and if the4308
offense was committed in the vicinity of a school or in the4309
vicinity of a juvenile, trafficking in cocaine is a felony of the4310
third degree, and there is a presumption for a prison term for the4311
offense.4312

       (d) Except as otherwise provided in this division, if the4313
amount of the drug involved equals or exceeds ten grams but is4314
less than one hundred grams of cocaine that is not crack cocaine4315
or equals or exceeds five grams but is less than ten grams of4316
crack cocaine, trafficking in cocaine is a felony of the third4317
degree, and the court shall impose as a mandatory prison term one4318
of the prison terms prescribed for a felony of the third degree.4319
If the amount of the drug involved is within one of those ranges4320
and if the offense was committed in the vicinity of a school or in4321
the vicinity of a juvenile, trafficking in cocaine is a felony of4322
the second degree, and the court shall impose as a mandatory4323
prison term one of the prison terms prescribed for a felony of the4324
second degree.4325

       (e) Except as otherwise provided in this division, if the4326
amount of the drug involved equals or exceeds one hundred grams4327
but is less than five hundred grams of cocaine that is not crack4328
cocaine or equals or exceeds ten grams but is less than4329
twenty-five grams of crack cocaine, trafficking in cocaine is a4330
felony of the second degree, and the court shall impose as a4331
mandatory prison term one of the prison terms prescribed for a4332
felony of the second degree. If the amount of the drug involved4333
is within one of those ranges and if the offense was committed in4334
the vicinity of a school or in the vicinity of a juvenile,4335
trafficking in cocaine is a felony of the first degree, and the4336
court shall impose as a mandatory prison term one of the prison4337
terms prescribed for a felony of the first degree.4338

       (f) If the amount of the drug involved equals or exceeds4339
five hundred grams but is less than one thousand grams of cocaine4340
that is not crack cocaine or equals or exceeds twenty-five grams4341
but is less than one hundred grams of crack cocaine and regardless4342
of whether the offense was committed in the vicinity of a school4343
or in the vicinity of a juvenile, trafficking in cocaine is a4344
felony of the first degree, and the court shall impose as a4345
mandatory prison term one of the prison terms prescribed for a4346
felony of the first degree.4347

       (g) If the amount of the drug involved equals or exceeds one4348
thousand grams of cocaine that is not crack cocaine or equals or4349
exceeds one hundred grams of crack cocaine and regardless of4350
whether the offense was committed in the vicinity of a school or4351
in the vicinity of a juvenile, trafficking in cocaine is a felony4352
of the first degree, the offender is a major drug offender, and4353
the court shall impose as a mandatory prison term the maximum4354
prison term prescribed for a felony of the first degree and may4355
impose an additional mandatory prison term prescribed for a major4356
drug offender under division (D)(3)(b) of section 2929.14 of the4357
Revised Code.4358

       (5) If the drug involved in the violation is L.S.D. or a4359
compound, mixture, preparation, or substance containing L.S.D.,4360
whoever violates division (A) of this section is guilty of4361
trafficking in L.S.D. The penalty for the offense shall be4362
determined as follows:4363

       (a) Except as otherwise provided in division (C)(5)(b), (c),4364
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a4365
felony of the fifth degree, and division (C) of section 2929.13 of4366
the Revised Code applies in determining whether to impose a prison4367
term on the offender.4368

       (b) Except as otherwise provided in division (C)(5)(c), (d),4369
(e), (f), or (g) of this section, if the offense was committed in4370
the vicinity of a school or in the vicinity of a juvenile,4371
trafficking in L.S.D. is a felony of the fourth degree, and4372
division (C) of section 2929.13 of the Revised Code applies in4373
determining whether to impose a prison term on the offender.4374

       (c) Except as otherwise provided in this division, if the4375
amount of the drug involved equals or exceeds ten unit doses but4376
is less than fifty unit doses of L.S.D. in a solid form or equals4377
or exceeds one gram but is less than five grams of L.S.D. in a4378
liquid concentrate, liquid extract, or liquid distillate form,4379
trafficking in L.S.D. is a felony of the fourth degree, and there4380
is a presumption for a prison term for the offense. If the amount4381
of the drug involved is within that range and if the offense was4382
committed in the vicinity of a school or in the vicinity of a4383
juvenile, trafficking in L.S.D. is a felony of the third degree,4384
and there is a presumption for a prison term for the offense.4385

       (d) Except as otherwise provided in this division, if the4386
amount of the drug involved equals or exceeds fifty unit doses but4387
is less than two hundred fifty unit doses of L.S.D. in a solid4388
form or equals or exceeds five grams but is less than twenty-five4389
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid4390
distillate form, trafficking in L.S.D. is a felony of the third4391
degree, and the court shall impose as a mandatory prison term one4392
of the prison terms prescribed for a felony of the third degree.4393
If the amount of the drug involved is within that range and if the4394
offense was committed in the vicinity of a school or in the4395
vicinity of a juvenile, trafficking in L.S.D. is a felony of the4396
second degree, and the court shall impose as a mandatory prison4397
term one of the prison terms prescribed for a felony of the second4398
degree.4399

       (e) Except as otherwise provided in this division, if the4400
amount of the drug involved equals or exceeds two hundred fifty4401
unit doses but is less than one thousand unit doses of L.S.D. in a4402
solid form or equals or exceeds twenty-five grams but is less than4403
one hundred grams of L.S.D. in a liquid concentrate, liquid4404
extract, or liquid distillate form, trafficking in L.S.D. is a4405
felony of the second degree, and the court shall impose as a4406
mandatory prison term one of the prison terms prescribed for a4407
felony of the second degree. If the amount of the drug involved4408
is within that range and if the offense was committed in the4409
vicinity of a school or in the vicinity of a juvenile, trafficking4410
in L.S.D. is a felony of the first degree, and the court shall4411
impose as a mandatory prison term one of the prison terms4412
prescribed for a felony of the first degree.4413

       (f) If the amount of the drug involved equals or exceeds one4414
thousand unit doses but is less than five thousand unit doses of4415
L.S.D. in a solid form or equals or exceeds one hundred grams but4416
is less than five hundred grams of L.S.D. in a liquid concentrate,4417
liquid extract, or liquid distillate form and regardless of4418
whether the offense was committed in the vicinity of a school or4419
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4420
of the first degree, and the court shall impose as a mandatory4421
prison term one of the prison terms prescribed for a felony of the4422
first degree.4423

       (g) If the amount of the drug involved equals or exceeds4424
five thousand unit doses of L.S.D. in a solid form or equals or4425
exceeds five hundred grams of L.S.D. in a liquid concentrate,4426
liquid extract, or liquid distillate form and regardless of4427
whether the offense was committed in the vicinity of a school or4428
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4429
of the first degree, the offender is a major drug offender, and4430
the court shall impose as a mandatory prison term the maximum4431
prison term prescribed for a felony of the first degree and may4432
impose an additional mandatory prison term prescribed for a major4433
drug offender under division (D)(3)(b) of section 2929.14 of the4434
Revised Code.4435

       (6) If the drug involved in the violation is heroin or a4436
compound, mixture, preparation, or substance containing heroin,4437
whoever violates division (A) of this section is guilty of4438
trafficking in heroin. The penalty for the offense shall be4439
determined as follows:4440

       (a) Except as otherwise provided in division (C)(6)(b), (c),4441
(d), (e), (f), or (g) of this section, trafficking in heroin is a4442
felony of the fifth degree, and division (C) of section 2929.13 of4443
the Revised Code applies in determining whether to impose a prison4444
term on the offender.4445

       (b) Except as otherwise provided in division (C)(6)(c), (d),4446
(e), (f), or (g) of this section, if the offense was committed in4447
the vicinity of a school or in the vicinity of a juvenile,4448
trafficking in heroin is a felony of the fourth degree, and4449
division (C) of section 2929.13 of the Revised Code applies in4450
determining whether to impose a prison term on the offender.4451

       (c) Except as otherwise provided in this division, if the4452
amount of the drug involved equals or exceeds ten unit doses but4453
is less than fifty unit doses or equals or exceeds one gram but is4454
less than five grams, trafficking in heroin is a felony of the4455
fourth degree, and there is a presumption for a prison term for4456
the offense. If the amount of the drug involved is within that4457
range and if the offense was committed in the vicinity of a school4458
or in the vicinity of a juvenile, trafficking in heroin is a4459
felony of the third degree, and there is a presumption for a4460
prison term for the offense.4461

       (d) Except as otherwise provided in this division, if the4462
amount of the drug involved equals or exceeds fifty unit doses but4463
is less than one hundred unit doses or equals or exceeds five4464
grams but is less than ten grams, trafficking in heroin is a4465
felony of the third degree, and there is a presumption for a4466
prison term for the offense. If the amount of the drug involved4467
is within that range and if the offense was committed in the4468
vicinity of a school or in the vicinity of a juvenile, trafficking4469
in heroin is a felony of the second degree, and there is a4470
presumption for a prison term for the offense.4471

       (e) Except as otherwise provided in this division, if the4472
amount of the drug involved equals or exceeds one hundred unit4473
doses but is less than five hundred unit doses or equals or4474
exceeds ten grams but is less than fifty grams, trafficking in4475
heroin is a felony of the second degree, and the court shall4476
impose as a mandatory prison term one of the prison terms4477
prescribed for a felony of the second degree. If the amount of4478
the drug involved is within that range and if the offense was4479
committed in the vicinity of a school or in the vicinity of a4480
juvenile, trafficking in heroin is a felony of the first degree,4481
and the court shall impose as a mandatory prison term one of the4482
prison terms prescribed for a felony of the first degree.4483

       (f) If the amount of the drug involved equals or exceeds4484
five hundred unit doses but is less than two thousand five hundred4485
unit doses or equals or exceeds fifty grams but is less than two4486
hundred fifty grams and regardless of whether the offense was4487
committed in the vicinity of a school or in the vicinity of a4488
juvenile, trafficking in heroin is a felony of the first degree,4489
and the court shall impose as a mandatory prison term one of the4490
prison terms prescribed for a felony of the first degree.4491

       (g) If the amount of the drug involved equals or exceeds two4492
thousand five hundred unit doses or equals or exceeds two hundred4493
fifty grams and regardless of whether the offense was committed in4494
the vicinity of a school or in the vicinity of a juvenile,4495
trafficking in heroin is a felony of the first degree, the4496
offender is a major drug offender, and the court shall impose as a4497
mandatory prison term the maximum prison term prescribed for a4498
felony of the first degree and may impose an additional mandatory4499
prison term prescribed for a major drug offender under division4500
(D)(3)(b) of section 2929.14 of the Revised Code.4501

       (7) If the drug involved in the violation is hashish or a4502
compound, mixture, preparation, or substance containing hashish,4503
whoever violates division (A) of this section is guilty of4504
trafficking in hashish. The penalty for the offense shall be4505
determined as follows:4506

       (a) Except as otherwise provided in division (C)(7)(b), (c),4507
(d), (e), or (f) of this section, trafficking in hashish is a4508
felony of the fifth degree, and division (C) of section 2929.13 of4509
the Revised Code applies in determining whether to impose a prison4510
term on the offender.4511

       (b) Except as otherwise provided in division (C)(7)(c), (d),4512
(e), or (f) of this section, if the offense was committed in the4513
vicinity of a school or in the vicinity of a juvenile, trafficking4514
in hashish is a felony of the fourth degree, and division (C) of4515
section 2929.13 of the Revised Code applies in determining whether4516
to impose a prison term on the offender.4517

       (c) Except as otherwise provided in this division, if the4518
amount of the drug involved equals or exceeds ten grams but is4519
less than fifty grams of hashish in a solid form or equals or4520
exceeds two grams but is less than ten grams of hashish in a4521
liquid concentrate, liquid extract, or liquid distillate form,4522
trafficking in hashish is a felony of the fourth degree, and4523
division (C) of section 2929.13 of the Revised Code applies in4524
determining whether to impose a prison term on the offender. If4525
the amount of the drug involved is within that range and if the4526
offense was committed in the vicinity of a school or in the4527
vicinity of a juvenile, trafficking in hashish is a felony of the4528
third degree, and division (C) of section 2929.13 of the Revised4529
Code applies in determining whether to impose a prison term on the4530
offender.4531

       (d) Except as otherwise provided in this division, if the4532
amount of the drug involved equals or exceeds fifty grams but is4533
less than two hundred fifty grams of hashish in a solid form or4534
equals or exceeds ten grams but is less than fifty grams of4535
hashish in a liquid concentrate, liquid extract, or liquid4536
distillate form, trafficking in hashish is a felony of the third4537
degree, and division (C) of section 2929.13 of the Revised Code4538
applies in determining whether to impose a prison term on the4539
offender. If the amount of the drug involved is within that range4540
and if the offense was committed in the vicinity of a school or in4541
the vicinity of a juvenile, trafficking in hashish is a felony of4542
the second degree, and there is a presumption that a prison term4543
shall be imposed for the offense.4544

       (e) Except as otherwise provided in this division, if the4545
amount of the drug involved equals or exceeds two hundred fifty4546
grams but is less than one thousand grams of hashish in a solid4547
form or equals or exceeds fifty grams but is less than two hundred4548
grams of hashish in a liquid concentrate, liquid extract, or4549
liquid distillate form, trafficking in hashish is a felony of the4550
third degree, and there is a presumption that a prison term shall4551
be imposed for the offense. If the amount of the drug involved is4552
within that range and if the offense was committed in the vicinity4553
of a school or in the vicinity of a juvenile, trafficking in4554
hashish is a felony of the second degree, and there is a4555
presumption that a prison term shall be imposed for the offense.4556

       (f) Except as otherwise provided in this division, if the4557
amount of the drug involved equals or exceeds one thousand grams4558
of hashish in a solid form or equals or exceeds two hundred grams4559
of hashish in a liquid concentrate, liquid extract, or liquid4560
distillate form, trafficking in hashish is a felony of the second4561
degree, and the court shall impose as a mandatory prison term the4562
maximum prison term prescribed for a felony of the second degree.4563
If the amount of the drug involved is within that range and if the4564
offense was committed in the vicinity of a school or in the4565
vicinity of a juvenile, trafficking in hashish is a felony of the4566
first degree, and the court shall impose as a mandatory prison4567
term the maximum prison term prescribed for a felony of the first4568
degree.4569

       (D) In addition to any prison term authorized or required by4570
division (C) of this section and sections 2929.13 and 2929.14 of4571
the Revised Code, and in addition to any other sanction imposed4572
for the offense under this section or sections 2929.11 to 2929.184573
of the Revised Code, the court that sentences an offender who is4574
convicted of or pleads guilty to a violation of division (A) of4575
this section shall do all of the following that are applicable4576
regarding the offender:4577

       (1) If the violation of division (A) of this section is a4578
felony of the first, second, or third degree, the court shall4579
impose upon the offender the mandatory fine specified for the4580
offense under division (B)(1) of section 2929.18 of the Revised4581
Code unless, as specified in that division, the court determines4582
that the offender is indigent. Except as otherwise provided in4583
division (H)(1) of this section, a mandatory fine or any other4584
fine imposed for a violation of this section is subject to4585
division (F) of this section. If a person is charged with a4586
violation of this section that is a felony of the first, second,4587
or third degree, posts bail, and forfeits the bail, the clerk of4588
the court shall pay the forfeited bail pursuant to divisions4589
(D)(1) and (F) of this section, as if the forfeited bail was a4590
fine imposed for a violation of this section. If any amount of4591
the forfeited bail remains after that payment and if a fine is4592
imposed under division (H)(1) of this section, the clerk of the4593
court shall pay the remaining amount of the forfeited bail4594
pursuant to divisions (H)(2) and (3) of this section, as if that4595
remaining amount was a fine imposed under division (H)(1) of this4596
section.4597

       (2) The court shall revoke or suspend the driver's or4598
commercial driver's license or permit of the offender in4599
accordance with division (G) of this section.4600

       (3) If the offender is a professionally licensed person or a4601
person who has been admitted to the bar by order of the supreme4602
court in compliance with its prescribed and published rules, the4603
court forthwithimmediately shall comply with section 2925.38 of4604
the Revised Code.4605

       (E) When a person is charged with the sale of or offer to4606
sell a bulk amount or a multiple of a bulk amount of a controlled4607
substance, the jury, or the court trying the accused, shall4608
determine the amount of the controlled substance involved at the4609
time of the offense and, if a guilty verdict is returned, shall4610
return the findings as part of the verdict. In any such case, it4611
is unnecessary to find and return the exact amount of the4612
controlled substance involved, and it is sufficient if the finding4613
and return is to the effect that the amount of the controlled4614
substance involved is the requisite amount, or that the amount of4615
the controlled substance involved is less than the requisite4616
amount.4617

       (F)(1) Notwithstanding any contrary provision of section4618
3719.21 of the Revised Code and except as provided in division (H)4619
of this section, the clerk of the court shall pay any mandatory4620
fine imposed pursuant to division (D)(1) of this section and any4621
fine other than a mandatory fine that is imposed for a violation4622
of this section pursuant to division (A) or (B)(5) of section4623
2929.18 of the Revised Code to the county, township, municipal4624
corporation, park district, as created pursuant to section 511.184625
or 1545.04 of the Revised Code, or state law enforcement agencies4626
in this state that primarily were responsible for or involved in4627
making the arrest of, and in prosecuting, the offender. However,4628
the clerk shall not pay a mandatory fine so imposed to a law4629
enforcement agency unless the agency has adopted a written4630
internal control policy under division (F)(2) of this section that4631
addresses the use of the fine moneys that it receives. Each4632
agency shall use the mandatory fines so paid to subsidize the4633
agency's law enforcement efforts that pertain to drug offenses, in4634
accordance with the written internal control policy adopted by the4635
recipient agency under division (F)(2) of this section.4636

       (2)(a) Prior to receiving any fine moneys under division4637
(F)(1) of this section or division (B)(5) of section 2925.42 of4638
the Revised Code, a law enforcement agency shall adopt a written4639
internal control policy that addresses the agency's use and4640
disposition of all fine moneys so received and that provides for4641
the keeping of detailed financial records of the receipts of those4642
fine moneys, the general types of expenditures made out of those4643
fine moneys, and the specific amount of each general type of4644
expenditure. The policy shall not provide for or permit the4645
identification of any specific expenditure that is made in an4646
ongoing investigation. All financial records of the receipts of4647
those fine moneys, the general types of expenditures made out of4648
those fine moneys, and the specific amount of each general type of4649
expenditure by an agency are public records open for inspection4650
under section 149.43 of the Revised Code. Additionally, a written4651
internal control policy adopted under this division is such a4652
public record, and the agency that adopted it shall comply with4653
it.4654

       (b) Each law enforcement agency that receives in any4655
calendar year any fine moneys under division (F)(1) of this4656
section or division (B)(5) of section 2925.42 of the Revised Code4657
shall prepare a report covering the calendar year that cumulates4658
all of the information contained in all of the public financial4659
records kept by the agency pursuant to division (F)(2)(a) of this4660
section for that calendar year, and shall send a copy of the4661
cumulative report, no later than the first day of March in the4662
calendar year following the calendar year covered by the report,4663
to the attorney general. Each report received by the attorney4664
general is a public record open for inspection under section4665
149.43 of the Revised Code. Not later than the fifteenth day of4666
April in the calendar year in which the reports are received, the4667
attorney general shall send to the president of the senate and the4668
speaker of the house of representatives a written notification4669
that does all of the following:4670

       (i) Indicates that the attorney general has received from4671
law enforcement agencies reports of the type described in this4672
division that cover the previous calendar year and indicates that4673
the reports were received under this division;4674

       (ii) Indicates that the reports are open for inspection4675
under section 149.43 of the Revised Code;4676

       (iii) Indicates that the attorney general will provide a4677
copy of any or all of the reports to the president of the senate4678
or the speaker of the house of representatives upon request.4679

       (3) As used in division (F) of this section:4680

       (a) "Law enforcement agencies" includes, but is not limited4681
to, the state board of pharmacy and the office of a prosecutor.4682

       (b) "Prosecutor" has the same meaning as in section 2935.014683
of the Revised Code.4684

       (G) When required under division (D)(2) of this section or4685
any other provision of this chapter, the court either shall revoke4686
or, if it does not revoke, shall suspend for not less than six4687
months or more than five years, the driver's or commercial4688
driver's license or permit of any person who is convicted of or4689
pleads guilty to a violation of this section that is a felony of4690
the first degree and shall suspend for not less than six months or4691
more than five years the driver's or commercial driver's license4692
or permit of any person who is convicted of or pleads guilty to4693
any other violation of this section or any other specified4694
provision of this chapter. If an offender's driver's or4695
commercial driver's license or permit is revokedsuspended4696
pursuant to this division, the offender, at any time after the4697
expiration of two years from the day on which the offender's4698
sentence was imposed or from the day on which the offender finally4699
was released from a prison term under the sentence, whichever is4700
later, may file a motion with the sentencing court requesting4701
termination of the revocationsuspension; upon the filing of such4702
a motion and the court's finding of good cause for the4703
termination, the court may terminate the revocationsuspension.4704

       (H)(1) In addition to any prison term authorized or required4705
by division (C) of this section and sections 2929.13 and 2929.144706
of the Revised Code, in addition to any other penalty or sanction4707
imposed for the offense under this section or sections 2929.11 to4708
2929.18 of the Revised Code, and in addition to the forfeiture of4709
property in connection with the offense as prescribed in sections4710
2925.42 to 2925.45 of the Revised Code, the court that sentences4711
an offender who is convicted of or pleads guilty to a violation of4712
division (A) of this section may impose upon the offender an4713
additional fine specified for the offense in division (B)(4) of4714
section 2929.18 of the Revised Code. A fine imposed under4715
division (H)(1) of this section is not subject to division (F) of4716
this section and shall be used solely for the support of one or4717
more eligible alcohol and drug addiction programs in accordance4718
with divisions (H)(2) and (3) of this section.4719

       (2) The court that imposes a fine under division (H)(1) of4720
this section shall specify in the judgment that imposes the fine4721
one or more eligible alcohol and drug addiction programs for the4722
support of which the fine money is to be used. No alcohol and4723
drug addiction program shall receive or use money paid or4724
collected in satisfaction of a fine imposed under division (H)(1)4725
of this section unless the program is specified in the judgment4726
that imposes the fine. No alcohol and drug addiction program4727
shall be specified in the judgment unless the program is an4728
eligible alcohol and drug addiction program and, except as4729
otherwise provided in division (H)(2) of this section, unless the4730
program is located in the county in which the court that imposes4731
the fine is located or in a county that is immediately contiguous4732
to the county in which that court is located. If no eligible4733
alcohol and drug addiction program is located in any of those4734
counties, the judgment may specify an eligible alcohol and drug4735
addiction program that is located anywhere within this state.4736

       (3) Notwithstanding any contrary provision of section4737
3719.21 of the Revised Code, the clerk of the court shall pay any4738
fine imposed under division (H)(1) of this section to the eligible4739
alcohol and drug addiction program specified pursuant to division4740
(H)(2) of this section in the judgment. The eligible alcohol and4741
drug addiction program that receives the fine moneys shall use the4742
moneys only for the alcohol and drug addiction services identified4743
in the application for certification under section 3793.06 of the4744
Revised Code or in the application for a license under section4745
3793.11 of the Revised Code filed with the department of alcohol4746
and drug addiction services by the alcohol and drug addiction4747
program specified in the judgment.4748

       (4) Each alcohol and drug addiction program that receives in4749
a calendar year any fine moneys under division (H)(3) of this4750
section shall file an annual report covering that calendar year4751
with the court of common pleas and the board of county4752
commissioners of the county in which the program is located, with4753
the court of common pleas and the board of county commissioners of4754
each county from which the program received the moneys if that4755
county is different from the county in which the program is4756
located, and with the attorney general. The alcohol and drug4757
addiction program shall file the report no later than the first4758
day of March in the calendar year following the calendar year in4759
which the program received the fine moneys. The report shall4760
include statistics on the number of persons served by the alcohol4761
and drug addiction program, identify the types of alcohol and drug4762
addiction services provided to those persons, and include a4763
specific accounting of the purposes for which the fine moneys4764
received were used. No information contained in the report shall4765
identify, or enable a person to determine the identity of, any4766
person served by the alcohol and drug addiction program. Each4767
report received by a court of common pleas, a board of county4768
commissioners, or the attorney general is a public record open for4769
inspection under section 149.43 of the Revised Code.4770

       (5) As used in divisions (H)(1) to (5) of this section:4771

       (a) "Alcohol and drug addiction program" and "alcohol and4772
drug addiction services" have the same meanings as in section4773
3793.01 of the Revised Code.4774

       (b) "Eligible alcohol and drug addiction program" means an4775
alcohol and drug addiction program that is certified under section4776
3793.06 of the Revised Code or licensed under section 3793.11 of4777
the Revised Code by the department of alcohol and drug addiction4778
services.4779

       Sec. 2925.04.  (A) No person shall knowingly cultivate4780
marihuana or knowingly manufacture or otherwise engage in any part4781
of the production of a controlled substance.4782

       (B) This section does not apply to any person listed in4783
division (B)(1), (2), or (3) of section 2925.03 of the Revised4784
Code to the extent and under the circumstances described in those4785
divisions.4786

       (C)(1) Whoever commits a violation of division (A) of this4787
section that involves any drug other than marihuana is guilty of4788
illegal manufacture of drugs, and whoever commits a violation of4789
division (A) of this section that involves marihuana is guilty of4790
illegal cultivation of marihuana.4791

       (2) If the drug involved in the violation of division (A) of4792
this section is any compound, mixture, preparation, or substance4793
included in schedule I or II, with the exception of marihuana,4794
illegal manufacture of drugs is a felony of the second degree,4795
and, subject to division (E) of this section, the court shall4796
impose as a mandatory prison term one of the prison terms4797
prescribed for a felony of the second degree.4798

       (3) If the drug involved in the violation of division (A) of4799
this section is any compound, mixture, preparation, or substance4800
included in schedule III, IV, or V, illegal manufacture of drugs4801
is a felony of the third degree, and there is a presumption for a4802
prison term for the offense.4803

       (4) If the drug involved in the violation is marihuana, the4804
penalty for the offense shall be determined as follows:4805

       (a) Except as otherwise provided in division (C)(4)(b), (c),4806
(d), (e), or (f) of this section, illegal cultivation of marihuana4807
is a minor misdemeanor.4808

       (b) If the amount of marihuana involved equals or exceeds4809
one hundred grams but is less than two hundred grams, illegal4810
cultivation of marihuana is a misdemeanor of the fourth degree.4811

       (c) If the amount of marihuana involved equals or exceeds4812
two hundred grams but is less than one thousand grams, illegal4813
cultivation of marihuana is a felony of the fifth degree, and4814
division (B) of section 2929.13 of the Revised Code applies in4815
determining whether to impose a prison term on the offender.4816

       (d) If the amount of marihuana involved equals or exceeds4817
one thousand grams but is less than five thousand grams, illegal4818
cultivation of marihuana is a felony of the third degree, and4819
division (C) of section 2929.13 of the Revised Code applies in4820
determining whether to impose a prison term on the offender.4821

       (e) If the amount of marihuana involved equals or exceeds4822
five thousand grams but is less than twenty thousand grams,4823
illegal cultivation of marihuana is a felony of the third degree,4824
and there is a presumption for a prison term for the offense.4825

       (f) If the amount of marihuana involved equals or exceeds4826
twenty thousand grams, illegal cultivation of marihuana is a4827
felony of the second degree, and the court shall impose as a4828
mandatory prison term the maximum prison term prescribed for a4829
felony of the second degree.4830

       (D) In addition to any prison term authorized or required by4831
division (C) or (E) of this section and sections 2929.13 and4832
2929.14 of the Revised Code and in addition to any other sanction4833
imposed for the offense under this section or sections 2929.11 to4834
2929.18 of the Revised Code, the court that sentences an offender4835
who is convicted of or pleads guilty to a violation of division4836
(A) of this section shall do all of the following that are4837
applicable regarding the offender:4838

       (1) If the violation of division (A) of this section is a4839
felony of the second or third degree, the court shall impose upon4840
the offender the mandatory fine specified for the offense under4841
division (B)(1) of section 2929.18 of the Revised Code unless, as4842
specified in that division, the court determines that the offender4843
is indigent. The clerk of the court shall pay a mandatory fine or4844
other fine imposed for a violation of this section pursuant to4845
division (A) of section 2929.18 of the Revised Code in accordance4846
with and subject to the requirements of division (F) of section4847
2925.03 of the Revised Code. The agency that receives the fine4848
shall use the fine as specified in division (F) of section 2925.034849
of the Revised Code. If a person is charged with a violation of4850
this section that is a felony of the second or third degree, posts4851
bail, and forfeits the bail, the clerk shall pay the forfeited4852
bail as if the forfeited bail were a fine imposed for a violation4853
of this section.4854

       (2) The court shall revoke or suspend the offender's4855
driver's or commercial driver's license or permit in accordance4856
with division (G) of section 2925.03 of the Revised Code. If an4857
offender's driver's or commercial driver's license or permit is4858
revokedsuspended in accordance with that division, the offender4859
may request termination of, and the court may terminate, the4860
revocationsuspension in accordance with that division.4861

       (3) If the offender is a professionally licensed person or a4862
person who has been admitted to the bar by order of the supreme4863
court in compliance with its prescribed and published rules, the4864
court immediately shall comply with section 2925.38 of the Revised4865
Code.4866

       (E) Notwithstanding the prison term otherwise authorized or4867
required for the offense under division (C) of this section and4868
sections 2929.13 and 2929.14 of the Revised Code, if the violation4869
of division (A) of this section involves the sale, offer to sell,4870
or possession of a schedule I or II controlled substance, with the4871
exception of marihuana, and if the court imposing sentence upon4872
the offender finds that the offender as a result of the violation4873
is a major drug offender and is guilty of a specification of the4874
type described in section 2941.1410 of the Revised Code, the4875
court, in lieu of the prison term otherwise authorized or4876
required, shall impose upon the offender the mandatory prison term4877
specified in division (D)(3)(a) of section 2929.14 of the Revised4878
Code and may impose an additional prison term under division4879
(D)(3)(b) of that section.4880

       (F) It is an affirmative defense, as provided in section4881
2901.05 of the Revised Code, to a charge under this section for a4882
fifth degree felony violation of illegal cultivation of marihuana4883
that the marihuana that gave rise to the charge is in an amount,4884
is in a form, is prepared, compounded, or mixed with substances4885
that are not controlled substances in a manner, or is possessed or4886
cultivated under any other circumstances that indicate that the4887
marihuana was solely for personal use.4888

       Notwithstanding any contrary provision of division (F) of4889
this section, if, in accordance with section 2901.05 of the4890
Revised Code, a person who is charged with a violation of illegal4891
cultivation of marihuana that is a felony of the fifth degree4892
sustains the burden of going forward with evidence of and4893
establishes by a preponderance of the evidence the affirmative4894
defense described in this division, the person may be prosecuted4895
for and may be convicted of or plead guilty to a misdemeanor4896
violation of illegal cultivation of marihuana.4897

       (G) Arrest or conviction for a minor misdemeanor violation4898
of this section does not constitute a criminal record and need not4899
be reported by the person so arrested or convicted in response to4900
any inquiries about the person's criminal record, including any4901
inquiries contained in an application for employment, a license,4902
or any other right or privilege or made in connection with the4903
person's appearance as a witness.4904

       Sec. 2925.05.  (A) No person shall knowingly provide money4905
or other items of value to another person with the purpose that4906
the recipient of the money or items of value use them to obtain4907
any controlled substance for the purpose of violating section4908
2925.04 of the Revised Code or for the purpose of selling or4909
offering to sell the controlled substance in the following amount:4910

       (1) If the drug to be sold or offered for sale is any4911
compound, mixture, preparation, or substance included in schedule4912
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,4913
and hashish, or schedule III, IV, or V, an amount of the drug that4914
equals or exceeds the bulk amount of the drug;4915

       (2) If the drug to be sold or offered for sale is marihuana4916
or a compound, mixture, preparation, or substance other than4917
hashish containing marihuana, an amount of the marihuana that4918
equals or exceeds two hundred grams;4919

       (3) If the drug to be sold or offered for sale is cocaine or4920
a compound, mixture, preparation, or substance containing cocaine,4921
an amount of the cocaine that equals or exceeds five grams if the4922
cocaine is not crack cocaine or equals or exceeds one gram if the4923
cocaine is crack cocaine;4924

       (4) If the drug to be sold or offered for sale is L.S.D. or4925
a compound, mixture, preparation, or substance containing L.S.D.,4926
an amount of the L.S.D. that equals or exceeds ten unit doses if4927
the L.S.D. is in a solid form or equals or exceeds one gram if the4928
L.S.D. is in a liquid concentrate, liquid extract, or liquid4929
distillate form;4930

       (5) If the drug to be sold or offered for sale is heroin or4931
a compound, mixture, preparation, or substance containing heroin,4932
an amount of the heroin that equals or exceeds ten unit doses or4933
equals or exceeds one gram;4934

       (6) If the drug to be sold or offered for sale is hashish or4935
a compound, mixture, preparation, or substance containing hashish,4936
an amount of the hashish that equals or exceeds ten grams if the4937
hashish is in a solid form or equals or exceeds two grams if the4938
hashish is in a liquid concentrate, liquid extract, or liquid4939
distillate form.4940

       (B) This section does not apply to any person listed in4941
division (B)(1), (2), or (3) of section 2925.03 of the Revised4942
Code to the extent and under the circumstances described in those4943
divisions.4944

       (C)(1) If the drug involved in the violation is any4945
compound, mixture, preparation, or substance included in schedule4946
I or II, with the exception of marihuana, whoever violates4947
division (A) of this section is guilty of aggravated funding of4948
drug trafficking, a felony of the first degree, and, subject to4949
division (E) of this section, the court shall impose as a4950
mandatory prison term one of the prison terms prescribed for a4951
felony of the first degree.4952

       (2) If the drug involved in the violation is any compound,4953
mixture, preparation, or substance included in schedule III, IV,4954
or V, whoever violates division (A) of this section is guilty of4955
funding of drug trafficking, a felony of the second degree, and4956
the court shall impose as a mandatory prison term one of the4957
prison terms prescribed for a felony of the second degree.4958

       (3) If the drug involved in the violation is marihuana,4959
whoever violates division (A) of this section is guilty of funding4960
of marihuana trafficking, a felony of the third degree, and the4961
court shall impose as a mandatory prison term one of the prison4962
terms prescribed for a felony of the third degree.4963

       (D) In addition to any prison term authorized or required by4964
division (C) or (E) of this section and sections 2929.13 and4965
2929.14 of the Revised Code and in addition to any other sanction4966
imposed for the offense under this section or sections 2929.11 to4967
2929.18 of the Revised Code, the court that sentences an offender4968
who is convicted of or pleads guilty to a violation of division4969
(A) of this section shall do all of the following that are4970
applicable regarding the offender:4971

       (1) The court shall impose the mandatory fine specified for4972
the offense under division (B)(1) of section 2929.18 of the4973
Revised Code unless, as specified in that division, the court4974
determines that the offender is indigent. The clerk of the court4975
shall pay a mandatory fine or other fine imposed for a violation4976
of this section pursuant to division (A) of section 2929.18 of the4977
Revised Code in accordance with and subject to the requirements of4978
division (F) of section 2925.03 of the Revised Code. The agency4979
that receives the fine shall use the fine in accordance with4980
division (F) of section 2925.03 of the Revised Code. If a person4981
is charged with a violation of this section, posts bail, and4982
forfeits the bail, the forfeited bail shall be paid as if the4983
forfeited bail were a fine imposed for a violation of this4984
section.4985

       (2) The court shall revoke or suspend the offender's4986
driver's or commercial driver's license or permit in accordance4987
with division (G) of section 2925.03 of the Revised Code. If an4988
offender's driver's or commercial driver's license or permit is4989
revokedsuspended in accordance with that division, the offender4990
may request termination of, and the court may terminate, the4991
revocationsuspension in accordance with that division.4992

       (3) If the offender is a professionally licensed person or a4993
person who has been admitted to the bar by order of the supreme4994
court in compliance with its prescribed and published rules, the4995
court immediately shall comply with section 2925.38 of the Revised4996
Code.4997

       (E) Notwithstanding the prison term otherwise authorized or4998
required for the offense under division (C) of this section and4999
sections 2929.13 and 2929.14 of the Revised Code, if the violation5000
of division (A) of this section involves the sale, offer to sell,5001
or possession of a schedule I or II controlled substance, with the5002
exception of marihuana, and if the court imposing sentence upon5003
the offender finds that the offender as a result of the violation5004
is a major drug offender and is guilty of a specification of the5005
type described in section 2941.1410 of the Revised Code, the5006
court, in lieu of the prison term otherwise authorized or5007
required, shall impose upon the offender the mandatory prison term5008
specified in division (D)(3)(a) of section 2929.14 of the Revised5009
Code and may impose an additional prison term under division5010
(D)(3)(b) of that section.5011

       Sec. 2925.06.  (A) No person shall knowingly administer to a5012
human being, or prescribe or dispense for administration to a5013
human being, any anabolic steroid not approved by the United5014
States food and drug administration for administration to human5015
beings.5016

       (B) This section does not apply to any person listed in5017
division (B)(1), (2), or (3) of section 2925.03 of the Revised5018
Code to the extent and under the circumstances described in those5019
divisions.5020

       (C) Whoever violates division (A) of this section is guilty5021
of illegal administration or distribution of anabolic steroids, a5022
felony of the fourth degree, and division (C) of section 2929.135023
of the Revised Code applies in determining whether to impose a5024
prison term on the offender.5025

       (D) In addition to any prison term authorized or required by5026
division (C) of this section and sections 2929.13 and 2929.14 of5027
the Revised Code and in addition to any other sanction imposed for5028
the offense under this section or sections 2929.11 to 2929.18 of5029
the Revised Code, the court that sentences an offender who is5030
convicted of or pleads guilty to a violation of division (A) of5031
this section shall do both of the following:5032

       (1) The court shall revoke or suspend the offender's5033
driver's or commercial driver's license or permit in accordance5034
with division (G) of section 2925.03 of the Revised Code. If an5035
offender's driver's or commercial driver's license or permit is5036
revokedsuspended in accordance with that division, the offender5037
may request termination of, and the court may terminate, the5038
revocationsuspension in accordance with that division.5039

       (2) If the offender is a professionally licensed person or a5040
person who has been admitted to the bar by order of the supreme5041
court in compliance with its prescribed and published rules, the5042
court immediately shall comply with section 2925.38 of the Revised5043
Code.5044

       (E) If a person commits any act that constitutes a violation5045
of division (A) of this section and that also constitutes a5046
violation of any other provision of the Revised Code, the5047
prosecutor, as defined in section 2935.01 of the Revised Code,5048
using customary prosecutorial discretion, may prosecute the person5049
for a violation of the appropriate provision of the Revised Code.5050

       Sec. 2925.11.  (A) No person shall knowingly obtain,5051
possess, or use a controlled substance.5052

       (B) This section does not apply to any of the following:5053

       (1) Manufacturers, licensed health professionals authorized5054
to prescribe drugs, pharmacists, owners of pharmacies, and other5055
persons whose conduct was in accordance with Chapters 3719.,5056
4715., 4723., 4729., 4731., and 4741. of the Revised Code;5057

       (2) If the offense involves an anabolic steroid, any person5058
who is conducting or participating in a research project involving5059
the use of an anabolic steroid if the project has been approved by5060
the United States food and drug administration;5061

       (3) Any person who sells, offers for sale, prescribes,5062
dispenses, or administers for livestock or other nonhuman species5063
an anabolic steroid that is expressly intended for administration5064
through implants to livestock or other nonhuman species and5065
approved for that purpose under the "Federal Food, Drug, and5066
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,5067
and is sold, offered for sale, prescribed, dispensed, or5068
administered for that purpose in accordance with that act;5069

       (4) Any person who obtained the controlled substance5070
pursuant to a prescription issued by a licensed health5071
professional authorized to prescribe drugs.5072

       (C) Whoever violates division (A) of this section is guilty5073
of one of the following:5074

       (1) If the drug involved in the violation is a compound,5075
mixture, preparation, or substance included in schedule I or II,5076
with the exception of marihuana, cocaine, L.S.D., heroin, and5077
hashish, whoever violates division (A) of this section is guilty5078
of aggravated possession of drugs. The penalty for the offense5079
shall be determined as follows:5080

       (a) Except as otherwise provided in division (C)(1)(b), (c),5081
(d), or (e) of this section, aggravated possession of drugs is a5082
felony of the fifth degree, and division (B) of section 2929.13 of5083
the Revised Code applies in determining whether to impose a prison5084
term on the offender.5085

       (b) If the amount of the drug involved equals or exceeds the5086
bulk amount but is less than five times the bulk amount,5087
aggravated possession of drugs is a felony of the third degree,5088
and there is a presumption for a prison term for the offense.5089

       (c) If the amount of the drug involved equals or exceeds5090
five times the bulk amount but is less than fifty times the bulk5091
amount, aggravated possession of drugs is a felony of the second5092
degree, and the court shall impose as a mandatory prison term one5093
of the prison terms prescribed for a felony of the second degree.5094

       (d) If the amount of the drug involved equals or exceeds5095
fifty times the bulk amount but is less than one hundred times the5096
bulk amount, aggravated possession of drugs is a felony of the5097
first degree, and the court shall impose as a mandatory prison5098
term one of the prison terms prescribed for a felony of the first5099
degree.5100

       (e) If the amount of the drug involved equals or exceeds one5101
hundred times the bulk amount, aggravated possession of drugs is a5102
felony of the first degree, the offender is a major drug offender,5103
and the court shall impose as a mandatory prison term the maximum5104
prison term prescribed for a felony of the first degree and may5105
impose an additional mandatory prison term prescribed for a major5106
drug offender under division (D)(3)(b) of section 2929.14 of the5107
Revised Code.5108

       (2) If the drug involved in the violation is a compound,5109
mixture, preparation, or substance included in schedule III, IV,5110
or V, whoever violates division (A) of this section is guilty of5111
possession of drugs. The penalty for the offense shall be5112
determined as follows:5113

       (a) Except as otherwise provided in division (C)(2)(b), (c),5114
or (d) of this section, possession of drugs is a misdemeanor of5115
the third degree or, if the offender previously has been convicted5116
of a drug abuse offense, a misdemeanor of the second degree. If5117
the drug involved in the violation is an anabolic steroid included5118
in schedule III and if the offense is a misdemeanor of the third5119
degree under this division, in lieu of sentencing the offender to5120
a term of imprisonment in a detention facility, the court may5121
place the offender on conditional probation pursuant to division5122
(F) of section 2951.02 of the Revised Code.5123

       (b) If the amount of the drug involved equals or exceeds the5124
bulk amount but is less than five times the bulk amount,5125
possession of drugs is a felony of the fourth degree, and division5126
(C) of section 2929.13 of the Revised Code applies in determining5127
whether to impose a prison term on the offender.5128

       (c) If the amount of the drug involved equals or exceeds5129
five times the bulk amount but is less than fifty times the bulk5130
amount, possession of drugs is a felony of the third degree, and5131
there is a presumption for a prison term for the offense.5132

       (d) If the amount of the drug involved equals or exceeds5133
fifty times the bulk amount, possession of drugs is a felony of5134
the second degree, and the court shall impose upon the offender as5135
a mandatory prison term one of the prison terms prescribed for a5136
felony of the second degree.5137

       (3) If the drug involved in the violation is marihuana or a5138
compound, mixture, preparation, or substance containing marihuana5139
other than hashish, whoever violates division (A) of this section5140
is guilty of possession of marihuana. The penalty for the offense5141
shall be determined as follows:5142

       (a) Except as otherwise provided in division (C)(3)(b), (c),5143
(d), (e), or (f) of this section, possession of marihuana is a5144
minor misdemeanor.5145

       (b) If the amount of the drug involved equals or exceeds one5146
hundred grams but is less than two hundred grams, possession of5147
marihuana is a misdemeanor of the fourth degree.5148

       (c) If the amount of the drug involved equals or exceeds two5149
hundred grams but is less than one thousand grams, possession of5150
marihuana is a felony of the fifth degree, and division (B) of5151
section 2929.13 of the Revised Code applies in determining whether5152
to impose a prison term on the offender.5153

       (d) If the amount of the drug involved equals or exceeds one5154
thousand grams but is less than five thousand grams, possession of5155
marihuana is a felony of the third degree, and division (C) of5156
section 2929.13 of the Revised Code applies in determining whether5157
to impose a prison term on the offender.5158

       (e) If the amount of the drug involved equals or exceeds5159
five thousand grams but is less than twenty thousand grams,5160
possession of marihuana is a felony of the third degree, and there5161
is a presumption that a prison term shall be imposed for the5162
offense.5163

       (f) If the amount of the drug involved equals or exceeds5164
twenty thousand grams, possession of marihuana is a felony of the5165
second degree, and the court shall impose as a mandatory prison5166
term the maximum prison term prescribed for a felony of the second5167
degree.5168

       (4) If the drug involved in the violation is cocaine or a5169
compound, mixture, preparation, or substance containing cocaine,5170
whoever violates division (A) of this section is guilty of5171
possession of cocaine. The penalty for the offense shall be5172
determined as follows:5173

       (a) Except as otherwise provided in division (C)(4)(b), (c),5174
(d), (e), or (f) of this section, possession of cocaine is a5175
felony of the fifth degree, and division (B) of section 2929.13 of5176
the Revised Code applies in determining whether to impose a prison5177
term on the offender.5178

       (b) If the amount of the drug involved equals or exceeds5179
five grams but is less than twenty-five grams of cocaine that is5180
not crack cocaine or equals or exceeds one gram but is less than5181
five grams of crack cocaine, possession of cocaine is a felony of5182
the fourth degree, and there is a presumption for a prison term5183
for the offense.5184

       (c) If the amount of the drug involved equals or exceeds5185
twenty-five grams but is less than one hundred grams of cocaine5186
that is not crack cocaine or equals or exceeds five grams but is5187
less than ten grams of crack cocaine, possession of cocaine is a5188
felony of the third degree, and the court shall impose as a5189
mandatory prison term one of the prison terms prescribed for a5190
felony of the third degree.5191

       (d) If the amount of the drug involved equals or exceeds one5192
hundred grams but is less than five hundred grams of cocaine that5193
is not crack cocaine or equals or exceeds ten grams but is less5194
than twenty-five grams of crack cocaine, possession of cocaine is5195
a felony of the second degree, and the court shall impose as a5196
mandatory prison term one of the prison terms prescribed for a5197
felony of the second degree.5198

       (e) If the amount of the drug involved equals or exceeds5199
five hundred grams but is less than one thousand grams of cocaine5200
that is not crack cocaine or equals or exceeds twenty-five grams5201
but is less than one hundred grams of crack cocaine, possession of5202
cocaine is a felony of the first degree, and the court shall5203
impose as a mandatory prison term one of the prison terms5204
prescribed for a felony of the first degree.5205

       (f) If the amount of the drug involved equals or exceeds one5206
thousand grams of cocaine that is not crack cocaine or equals or5207
exceeds one hundred grams of crack cocaine, possession of cocaine5208
is a felony of the first degree, the offender is a major drug5209
offender, and the court shall impose as a mandatory prison term5210
the maximum prison term prescribed for a felony of the first5211
degree and may impose an additional mandatory prison term5212
prescribed for a major drug offender under division (D)(3)(b) of5213
section 2929.14 of the Revised Code.5214

       (5) If the drug involved in the violation is L.S.D., whoever5215
violates division (A) of this section is guilty of possession of5216
L.S.D. The penalty for the offense shall be determined as5217
follows:5218

       (a) Except as otherwise provided in division (C)(5)(b), (c),5219
(d), (e), or (f) of this section, possession of L.S.D. is a felony5220
of the fifth degree, and division (B) of section 2929.13 of the5221
Revised Code applies in determining whether to impose a prison5222
term on the offender.5223

       (b) If the amount of L.S.D. involved equals or exceeds ten5224
unit doses but is less than fifty unit doses of L.S.D. in a solid5225
form or equals or exceeds one gram but is less than five grams of5226
L.S.D. in a liquid concentrate, liquid extract, or liquid5227
distillate form, possession of L.S.D. is a felony of the fourth5228
degree, and division (C) of section 2929.13 of the Revised Code5229
applies in determining whether to impose a prison term on the5230
offender.5231

       (c) If the amount of L.S.D. involved equals or exceeds fifty5232
unit doses, but is less than two hundred fifty unit doses of5233
L.S.D. in a solid form or equals or exceeds five grams but is less5234
than twenty-five grams of L.S.D. in a liquid concentrate, liquid5235
extract, or liquid distillate form, possession of L.S.D. is a5236
felony of the third degree, and there is a presumption for a5237
prison term for the offense.5238

       (d) If the amount of L.S.D. involved equals or exceeds two5239
hundred fifty unit doses but is less than one thousand unit doses5240
of L.S.D. in a solid form or equals or exceeds twenty-five grams5241
but is less than one hundred grams of L.S.D. in a liquid5242
concentrate, liquid extract, or liquid distillate form, possession5243
of L.S.D. is a felony of the second degree, and the court shall5244
impose as a mandatory prison term one of the prison terms5245
prescribed for a felony of the second degree.5246

       (e) If the amount of L.S.D. involved equals or exceeds one5247
thousand unit doses but is less than five thousand unit doses of5248
L.S.D. in a solid form or equals or exceeds one hundred grams but5249
is less than five hundred grams of L.S.D. in a liquid concentrate,5250
liquid extract, or liquid distillate form, possession of L.S.D. is5251
a felony of the first degree, and the court shall impose as a5252
mandatory prison term one of the prison terms prescribed for a5253
felony of the first degree.5254

       (f) If the amount of L.S.D. involved equals or exceeds five5255
thousand unit doses of L.S.D. in a solid form or equals or exceeds5256
five hundred grams of L.S.D. in a liquid concentrate, liquid5257
extract, or liquid distillate form, possession of L.S.D. is a5258
felony of the first degree, the offender is a major drug offender,5259
and the court shall impose as a mandatory prison term the maximum5260
prison term prescribed for a felony of the first degree and may5261
impose an additional mandatory prison term prescribed for a major5262
drug offender under division (D)(3)(b) of section 2929.14 of the5263
Revised Code.5264

       (6) If the drug involved in the violation is heroin or a5265
compound, mixture, preparation, or substance containing heroin,5266
whoever violates division (A) of this section is guilty of5267
possession of heroin. The penalty for the offense shall be5268
determined as follows:5269

       (a) Except as otherwise provided in division (C)(6)(b), (c),5270
(d), (e), or (f) of this section, possession of heroin is a felony5271
of the fifth degree, and division (B) of section 2929.13 of the5272
Revised Code applies in determining whether to impose a prison5273
term on the offender.5274

       (b) If the amount of the drug involved equals or exceeds ten5275
unit doses but is less than fifty unit doses or equals or exceeds5276
one gram but is less than five grams, possession of heroin is a5277
felony of the fourth degree, and division (C) of section 2929.135278
of the Revised Code applies in determining whether to impose a5279
prison term on the offender.5280

       (c) If the amount of the drug involved equals or exceeds5281
fifty unit doses but is less than one hundred unit doses or equals5282
or exceeds five grams but is less than ten grams, possession of5283
heroin is a felony of the third degree, and there is a presumption5284
for a prison term for the offense.5285

       (d) If the amount of the drug involved equals or exceeds one5286
hundred unit doses but is less than five hundred unit doses or5287
equals or exceeds ten grams but is less than fifty grams,5288
possession of heroin is a felony of the second degree, and the5289
court shall impose as a mandatory prison term one of the prison5290
terms prescribed for a felony of the second degree.5291

       (e) If the amount of the drug involved equals or exceeds5292
five hundred unit doses but is less than two thousand five hundred5293
unit doses or equals or exceeds fifty grams but is less than two5294
hundred fifty grams, possession of heroin is a felony of the first5295
degree, and the court shall impose as a mandatory prison term one5296
of the prison terms prescribed for a felony of the first degree.5297

       (f) If the amount of the drug involved equals or exceeds two5298
thousand five hundred unit doses or equals or exceeds two hundred5299
fifty grams, possession of heroin is a felony of the first degree,5300
the offender is a major drug offender, and the court shall impose5301
as a mandatory prison term the maximum prison term prescribed for5302
a felony of the first degree and may impose an additional5303
mandatory prison term prescribed for a major drug offender under5304
division (D)(3)(b) of section 2929.14 of the Revised Code.5305

       (7) If the drug involved in the violation is hashish or a5306
compound, mixture, preparation, or substance containing hashish,5307
whoever violates division (A) of this section is guilty of5308
possession of hashish. The penalty for the offense shall be5309
determined as follows:5310

       (a) Except as otherwise provided in division (C)(7)(b), (c),5311
(d), (e), or (f) of this section, possession of hashish is a minor5312
misdemeanor.5313

       (b) If the amount of the drug involved equals or exceeds5314
five grams but is less than ten grams of hashish in a solid form5315
or equals or exceeds one gram but is less than two grams of5316
hashish in a liquid concentrate, liquid extract, or liquid5317
distillate form, possession of hashish is a misdemeanor of the5318
fourth degree.5319

       (c) If the amount of the drug involved equals or exceeds ten5320
grams but is less than fifty grams of hashish in a solid form or5321
equals or exceeds two grams but is less than ten grams of hashish5322
in a liquid concentrate, liquid extract, or liquid distillate5323
form, possession of hashish is a felony of the fifth degree, and5324
division (B) of section 2929.13 of the Revised Code applies in5325
determining whether to impose a prison term on the offender.5326

       (d) If the amount of the drug involved equals or exceeds5327
fifty grams but is less than two hundred fifty grams of hashish in5328
a solid form or equals or exceeds ten grams but is less than fifty5329
grams of hashish in a liquid concentrate, liquid extract, or5330
liquid distillate form, possession of hashish is a felony of the5331
third degree, and division (C) of section 2929.13 of the Revised5332
Code applies in determining whether to impose a prison term on the5333
offender.5334

       (e) If the amount of the drug involved equals or exceeds two5335
hundred fifty grams but is less than one thousand grams of hashish5336
in a solid form or equals or exceeds fifty grams but is less than5337
two hundred grams of hashish in a liquid concentrate, liquid5338
extract, or liquid distillate form, possession of hashish is a5339
felony of the third degree, and there is a presumption that a5340
prison term shall be imposed for the offense.5341

       (f) If the amount of the drug involved equals or exceeds one5342
thousand grams of hashish in a solid form or equals or exceeds two5343
hundred grams of hashish in a liquid concentrate, liquid extract,5344
or liquid distillate form, possession of hashish is a felony of5345
the second degree, and the court shall impose as a mandatory5346
prison term the maximum prison term prescribed for a felony of the5347
second degree.5348

       (D) Arrest or conviction for a minor misdemeanor violation5349
of this section does not constitute a criminal record and need not5350
be reported by the person so arrested or convicted in response to5351
any inquiries about the person's criminal record, including any5352
inquiries contained in any application for employment, license, or5353
other right or privilege, or made in connection with the person's5354
appearance as a witness.5355

       (E) In addition to any prison term authorized or required by5356
division (C) of this section and sections 2929.13 and 2929.14 of5357
the Revised Code and in addition to any other sanction that is5358
imposed for the offense under this section or sections 2929.11 to5359
2929.18 of the Revised Code, the court that sentences an offender5360
who is convicted of or pleads guilty to a violation of division5361
(A) of this section shall do all of the following that are5362
applicable regarding the offender:5363

       (1)(a) If the violation is a felony of the first, second, or5364
third degree, the court shall impose upon the offender the5365
mandatory fine specified for the offense under division (B)(1) of5366
section 2929.18 of the Revised Code unless, as specified in that5367
division, the court determines that the offender is indigent.5368

       (b) Notwithstanding any contrary provision of section5369
3719.21 of the Revised Code, the clerk of the court shall pay a5370
mandatory fine or other fine imposed for a violation of this5371
section pursuant to division (A) of section 2929.18 of the Revised5372
Code in accordance with and subject to the requirements of5373
division (F) of section 2925.03 of the Revised Code. The agency5374
that receives the fine shall use the fine as specified in division5375
(F) of section 2925.03 of the Revised Code.5376

       (c) If a person is charged with a violation of this section5377
that is a felony of the first, second, or third degree, posts5378
bail, and forfeits the bail, the clerk shall pay the forfeited5379
bail pursuant to division (E)(1)(b) of this section as if it were5380
a mandatory fine imposed under division (E)(1)(a) of this section.5381

       (2) The court shall suspend for not less than six months or5382
more than five years the offender's driver's or commercial5383
driver's license or permit of any person who is convicted of or5384
has pleaded guilty to a violation of this section.5385

       (3) If the offender is a professionally licensed person or a5386
person who has been admitted to the bar by order of the supreme5387
court in compliance with its prescribed and published rules, in5388
addition to any other sanction imposed for a violation of this5389
section, the court forthwithimmediately shall comply with section5390
2925.38 of the Revised Code.5391

       (F) It is an affirmative defense, as provided in section5392
2901.05 of the Revised Code, to a charge of a fourth degree felony5393
violation under this section that the controlled substance that5394
gave rise to the charge is in an amount, is in a form, is5395
prepared, compounded, or mixed with substances that are not5396
controlled substances in a manner, or is possessed under any other5397
circumstances, that indicate that the substance was possessed5398
solely for personal use. Notwithstanding any contrary provision5399
of this section, if, in accordance with section 2901.05 of the5400
Revised Code, an accused who is charged with a fourth degree5401
felony violation of division (C)(2), (4), (5), or (6) of this5402
section sustains the burden of going forward with evidence of and5403
establishes by a preponderance of the evidence the affirmative5404
defense described in this division, the accused may be prosecuted5405
for and may plead guilty to or be convicted of a misdemeanor5406
violation of division (C)(2) of this section or a fifth degree5407
felony violation of division (C)(4), (5), or (6) of this section5408
respectively.5409

       (G) When a person is charged with possessing a bulk amount5410
or multiple of a bulk amount, division (E) of section 2925.03 of5411
the Revised Code applies regarding the determination of the amount5412
of the controlled substance involved at the time of the offense.5413

       Sec. 2925.12.  (A) No person shall knowingly make, obtain,5414
possess, or use any instrument, article, or thing the customary5415
and primary purpose of which is for the administration or use of a5416
dangerous drug, other than marihuana, when the instrument involved5417
is a hypodermic or syringe, whether or not of crude or5418
extemporized manufacture or assembly, and the instrument, article,5419
or thing involved has been used by the offender to unlawfully5420
administer or use a dangerous drug, other than marihuana, or to5421
prepare a dangerous drug, other than marihuana, for unlawful5422
administration or use.5423

       (B) This section does not apply to manufacturers, licensed5424
health professionals authorized to prescribe drugs, pharmacists,5425
owners of pharmacies, and other persons whose conduct was in5426
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5427
4741. of the Revised Code.5428

       (C) Whoever violates this section is guilty of possessing5429
drug abuse instruments, a misdemeanor of the second degree. If5430
the offender previously has been convicted of a drug abuse5431
offense, a violation of this section is a misdemeanor of the first5432
degree.5433

       (D) In addition to any other sanction imposed upon an5434
offender for a violation of this section, the court shall suspend5435
for not less than six months or more than five years the5436
offender's driver's or commercial driver's license or permit of5437
any person who is convicted of or has pleaded guilty to a5438
violation of this section. If the offender is a professionally5439
licensed person or a person who has been admitted to the bar by5440
order of the supreme court in compliance with its prescribed and5441
published rules, in addition to any other sanction imposed for a5442
violation of this section, the court forthwithimmediately shall5443
comply with section 2925.38 of the Revised Code.5444

       Sec. 2925.13.  (A) No person who is the owner, operator, or5445
person in charge of a locomotive, watercraft, aircraft, or other5446
vehicle, as defined in division (A) of section 4501.01 of the5447
Revised Code, shall knowingly permit the vehicle to be used for5448
the commission of a felony drug abuse offense.5449

       (B) No person who is the owner, lessee, or occupant, or who5450
has custody, control, or supervision, of premises or real estate,5451
including vacant land, shall knowingly permit the premises or real5452
estate, including vacant land, to be used for the commission of a5453
felony drug abuse offense by another person.5454

       (C)(1) Whoever violates this section is guilty of permitting5455
drug abuse.5456

       (2) Except as provided in division (C)(3) of this section,5457
permitting drug abuse is a misdemeanor of the first degree.5458

       (3) Permitting drug abuse is a felony of the fifth degree,5459
and division (C) of section 2929.13 of the Revised Code applies in5460
determining whether to impose a prison term on the offender, if5461
the felony drug abuse offense in question is a violation of5462
section 2925.02 or 2925.03 of the Revised Code.5463

       (D) In addition to any prison term authorized or required by5464
division (C) of this section and sections 2929.13 and 2929.14 of5465
the Revised Code and in addition to any other sanction imposed for5466
the offense under this section or sections 2929.11 to 2929.18 of5467
the Revised Code, the court that sentences a person who is5468
convicted of or pleads guilty to a violation of division (A) of5469
this section shall do all of the following that are applicable5470
regarding the offender:5471

       (1) The court shall suspend for not less than six months or5472
more than five years the offender's driver's or commercial5473
driver's license or permit of the offender.5474

       (2) If the offender is a professionally licensed person or a5475
person who has been admitted to the bar by order of the supreme5476
court in compliance with its prescribed and published rules, in5477
addition to any other sanction imposed for a violation of this5478
section, the court forthwithimmediately shall comply with section5479
2925.38 of the Revised Code.5480

       (E) Notwithstanding any contrary provision of section5481
3719.21 of the Revised Code, the clerk of the court shall pay a5482
fine imposed for a violation of this section pursuant to division5483
(A) of section 2929.18 of the Revised Code in accordance with and5484
subject to the requirements of division (F) of section 2925.03 of5485
the Revised Code. The agency that receives the fine shall use the5486
fine as specified in division (F) of section 2925.03 of the5487
Revised Code.5488

       (F) Any premises or real estate that is permitted to be used5489
in violation of division (B) of this section constitutes a5490
nuisance subject to abatement pursuant to Chapter 3767. of the5491
Revised Code.5492

       Sec. 2925.14.  (A) As used in this section, "drug5493
paraphernalia" means any equipment, product, or material of any5494
kind that is used by the offender, intended by the offender for5495
use, or designed for use, in propagating, cultivating, growing,5496
harvesting, manufacturing, compounding, converting, producing,5497
processing, preparing, testing, analyzing, packaging, repackaging,5498
storing, containing, concealing, injecting, ingesting, inhaling,5499
or otherwise introducing into the human body, a controlled5500
substance in violation of this chapter. "Drug paraphernalia"5501
includes, but is not limited to, any of the following equipment,5502
products, or materials that are used by the offender, intended by5503
the offender for use, or designed by the offender for use, in any5504
of the following manners:5505

       (1) A kit for propagating, cultivating, growing, or5506
harvesting any species of a plant that is a controlled substance5507
or from which a controlled substance can be derived;5508

       (2) A kit for manufacturing, compounding, converting,5509
producing, processing, or preparing a controlled substance;5510

       (3) An isomerization device for increasing the potency of5511
any species of a plant that is a controlled substance;5512

       (4) Testing equipment for identifying, or analyzing the5513
strength, effectiveness, or purity of, a controlled substance;5514

       (5) A scale or balance for weighing or measuring a5515
controlled substance;5516

       (6) A diluent or adulterant, such as quinine hydrochloride,5517
mannitol, mannite, dextrose, or lactose, for cutting a controlled5518
substance;5519

       (7) A separation gin or sifter for removing twigs and seeds5520
from, or otherwise cleaning or refining, marihuana;5521

       (8) A blender, bowl, container, spoon, or mixing device for5522
compounding a controlled substance;5523

       (9) A capsule, balloon, envelope, or container for packaging5524
small quantities of a controlled substance;5525

       (10) A container or device for storing or concealing a5526
controlled substance;5527

       (11) A hypodermic syringe, needle, or instrument for5528
parenterally injecting a controlled substance into the human body;5529

       (12) An object, instrument, or device for ingesting,5530
inhaling, or otherwise introducing into the human body, marihuana,5531
cocaine, hashish, or hashish oil, such as a metal, wooden,5532
acrylic, glass, stone, plastic, or ceramic pipe, with or without a5533
screen, permanent screen, hashish head, or punctured metal bowl;5534
water pipe; carburetion tube or device; smoking or carburetion5535
mask; roach clip or similar object used to hold burning material,5536
such as a marihuana cigarette, that has become too small or too5537
short to be held in the hand; miniature cocaine spoon, or cocaine5538
vial; chamber pipe; carburetor pipe; electric pipe; air driver5539
pipe; chillum; bong; or ice pipe or chiller.5540

       (B) In determining if an object is drug paraphernalia, a5541
court or law enforcement officer shall consider, in addition to5542
other relevant factors, the following:5543

       (1) Any statement by the owner, or by anyone in control, of5544
the object, concerning its use;5545

       (2) The proximity in time or space of the object, or of the5546
act relating to the object, to a violation of any provision of5547
this chapter;5548

       (3) The proximity of the object to any controlled substance;5549

       (4) The existence of any residue of a controlled substance5550
on the object;5551

       (5) Direct or circumstantial evidence of the intent of the5552
owner, or of anyone in control, of the object, to deliver it to5553
any person whom the owner or person in control of the object knows5554
intends to use the object to facilitate a violation of any5555
provision of this chapter. A finding that the owner, or anyone in5556
control, of the object, is not guilty of a violation of any other5557
provision of this chapter does not prevent a finding that the5558
object was intended or designed by the offender for use as drug5559
paraphernalia.5560

       (6) Any oral or written instruction provided with the object5561
concerning its use;5562

       (7) Any descriptive material accompanying the object and5563
explaining or depicting its use;5564

       (8) National or local advertising concerning the use of the5565
object;5566

       (9) The manner and circumstances in which the object is5567
displayed for sale;5568

       (10) Direct or circumstantial evidence of the ratio of the5569
sales of the object to the total sales of the business enterprise;5570

       (11) The existence and scope of legitimate uses of the5571
object in the community;5572

       (12) Expert testimony concerning the use of the object.5573

       (C)(1) No person shall knowingly use, or possess with5574
purpose to use, drug paraphernalia.5575

       (2) No person shall knowingly sell, or possess or5576
manufacture with purpose to sell, drug paraphernalia, if the5577
person knows or reasonably should know that the equipment,5578
product, or material will be used as drug paraphernalia.5579

       (3) No person shall place an advertisement in any newspaper,5580
magazine, handbill, or other publication that is published and5581
printed and circulates primarily within this state, if the person5582
knows that the purpose of the advertisement is to promote the5583
illegal sale in this state of the equipment, product, or material5584
that the offender intended or designed for use as drug5585
paraphernalia.5586

       (D) This section does not apply to manufacturers, licensed5587
health professionals authorized to prescribe drugs, pharmacists,5588
owners of pharmacies, and other persons whose conduct is in5589
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5590
4741. of the Revised Code. This section shall not be construed to5591
prohibit the possession or use of a hypodermic as authorized by5592
section 3719.172 of the Revised Code.5593

       (E) Notwithstanding sections 2933.42 and 2933.43 of the5594
Revised Code, any drug paraphernalia that was used, possessed,5595
sold, or manufactured in a violation of this section shall be5596
seized, after a conviction for that violation shall be forfeited,5597
and upon forfeiture shall be disposed of pursuant to division5598
(D)(8) of section 2933.41 of the Revised Code.5599

       (F)(1) Whoever violates division (C)(1) of this section is5600
guilty of illegal use or possession of drug paraphernalia, a5601
misdemeanor of the fourth degree.5602

       (2) Except as provided in division (F)(3) of this section,5603
whoever violates division (C)(2) of this section is guilty of5604
dealing in drug paraphernalia, a misdemeanor of the second degree.5605

       (3) Whoever violates division (C)(2) of this section by5606
selling drug paraphernalia to a juvenile is guilty of selling drug5607
paraphernalia to juveniles, a misdemeanor of the first degree.5608

       (4) Whoever violates division (C)(3) of this section is5609
guilty of illegal advertising of drug paraphernalia, a misdemeanor5610
of the second degree.5611

       (G) In addition to any other sanction imposed upon an5612
offender for a violation of this section, the court shall suspend5613
for not less than six months or more than five years the5614
offender's driver's or commercial driver's license or permit of5615
any person who is convicted of or has pleaded guilty to a5616
violation of this section. If the offender is a professionally5617
licensed person or a person who has been admitted to the bar by5618
order of the supreme court in compliance with its prescribed and5619
published rules, in addition to any other sanction imposed for a5620
violation of this section, the court forthwithimmediately shall5621
comply with section 2925.38 of the Revised Code.5622

       Sec. 2925.22.  (A) No person, by deception, as defined in5623
section 2913.01 of the Revised Code, shall procure the5624
administration of, a prescription for, or the dispensing of, a5625
dangerous drug or shall possess an uncompleted preprinted5626
prescription blank used for writing a prescription for a dangerous5627
drug.5628

       (B) Whoever violates this section is guilty of deception to5629
obtain a dangerous drug. The penalty for the offense shall be5630
determined as follows:5631

       (1) If the drug involved is a compound, mixture,5632
preparation, or substance included in schedule I or II, with the5633
exception of marihuana, deception to obtain drugs is a felony of5634
the fourth degree, and division (C) of section 2929.13 of the5635
Revised Code applies in determining whether to impose a prison5636
term on the offender.5637

       (2) If the drug involved is a dangerous drug or a compound,5638
mixture, preparation, or substance included in schedule III, IV,5639
or V or is marihuana, deception to obtain a dangerous drug is a5640
felony of the fifth degree, and division (C) of section 2929.13 of5641
the Revised Code applies in determining whether to impose a prison5642
term on the offender.5643

       (C) In addition to any prison term authorized or required by5644
division (B) of this section and sections 2929.13 and 2929.14 of5645
the Revised Code and in addition to any other sanction imposed for5646
the offense under this section or sections 2929.11 to 2929.18 of5647
the Revised Code, the court that sentences an offender who is5648
convicted of or pleads guilty to a violation of division (A) of5649
this section shall do both of the following:5650

       (1) The court shall suspend for not less than six months or5651
more than five years the offender's driver's or commercial5652
driver's license or permit of any person who is convicted of or5653
has pleaded guilty to a violation of this section.5654

       (2) If the offender is a professionally licensed person or a5655
person who has been admitted to the bar by order of the supreme5656
court in compliance with its prescribed and published rules, in5657
addition to any other sanction imposed for a violation of this5658
section, the court forthwithimmediately shall comply with section5659
2925.38 of the Revised Code.5660

       (D) Notwithstanding any contrary provision of section5661
3719.21 of the Revised Code, the clerk of the court shall pay a5662
fine imposed for a violation of this section pursuant to division5663
(A) of section 2929.18 of the Revised Code in accordance with and5664
subject to the requirements of division (F) of section 2925.03 of5665
the Revised Code. The agency that receives the fine shall use the5666
fine as specified in division (F) of section 2925.03 of the5667
Revised Code.5668

       Sec. 2925.23.  (A) No person shall knowingly make a false5669
statement in any prescription, order, report, or record required5670
by Chapter 3719. or 4729. of the Revised Code.5671

       (B) No person shall intentionally make, utter, or sell, or5672
knowingly possess any of the following that is a false or forged:5673

       (1) Prescription;5674

       (2) Uncompleted preprinted prescription blank used for5675
writing a prescription;5676

       (3) Official written order;5677

       (4) License for a terminal distributor of dangerous drugs as5678
required in section 4729.60 of the Revised Code;5679

       (5) Registration certificate for a wholesale distributor of5680
dangerous drugs as required in section 4729.60 of the Revised5681
Code.5682

       (C) No person, by theft as defined in section 2913.02 of the5683
Revised Code, shall acquire any of the following:5684

       (1) A prescription;5685

       (2) An uncompleted preprinted prescription blank used for5686
writing a prescription;5687

       (3) An official written order;5688

       (4) A blank official written order;5689

       (5) A license or blank license for a terminal distributor of5690
dangerous drugs as required in section 4729.60 of the Revised5691
Code;5692

       (6) A registration certificate or blank registration5693
certificate for a wholesale distributor of dangerous drugs as5694
required in section 4729.60 of the Revised Code.5695

       (D) No person shall knowingly make or affix any false or5696
forged label to a package or receptacle containing any dangerous5697
drugs.5698

       (E) Divisions (A) and (D) of this section do not apply to5699
licensed health professionals authorized to prescribe drugs,5700
pharmacists, owners of pharmacies, and other persons whose conduct5701
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,5702
4731., and 4741. of the Revised Code.5703

       (F) Whoever violates this section is guilty of illegal5704
processing of drug documents. If the offender violates division5705
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this5706
section, illegal processing of drug documents is a felony of the5707
fifth degree. If the offender violates division (B)(1) or (3),5708
division (C)(1) or (3), or division (D) of this section, the5709
penalty for illegal processing of drug documents shall be5710
determined as follows:5711

       (1) If the drug involved is a compound, mixture,5712
preparation, or substance included in schedule I or II, with the5713
exception of marihuana, illegal processing of drug documents is a5714
felony of the fourth degree, and division (C) of section 2929.135715
of the Revised Code applies in determining whether to impose a5716
prison term on the offender.5717

       (2) If the drug involved is a dangerous drug or a compound,5718
mixture, preparation, or substance included in schedule III, IV,5719
or V or is marihuana, illegal processing of drug documents is a5720
felony of the fifth degree, and division (C) of section 2929.13 of5721
the Revised Code applies in determining whether to impose a prison5722
term on the offender.5723

       (G) In addition to any prison term authorized or required by5724
division (F) of this section and sections 2929.13 and 2929.14 of5725
the Revised Code and in addition to any other sanction imposed for5726
the offense under this section or sections 2929.11 to 2929.18 of5727
the Revised Code, the court that sentences an offender who is5728
convicted of or pleads guilty to any violation of divisions (A) to5729
(D) of this section shall do both of the following:5730

       (1) The court shall suspend for not less than six months or5731
more than five years the offender's driver's or commercial5732
driver's license or permit of any person who is convicted of or5733
has pleaded guilty to a violation of this section.5734

       (2) If the offender is a professionally licensed person or a5735
person who has been admitted to the bar by order of the supreme5736
court in compliance with its prescribed and published rules, in5737
addition to any other sanction imposed for a violation of this5738
section, the court forthwithimmediately shall comply with section5739
2925.38 of the Revised Code.5740

       (H) Notwithstanding any contrary provision of section5741
3719.21 of the Revised Code, the clerk of court shall pay a fine5742
imposed for a violation of this section pursuant to division (A)5743
of section 2929.18 of the Revised Code in accordance with and5744
subject to the requirements of division (F) of section 2925.03 of5745
the Revised Code. The agency that receives the fine shall use the5746
fine as specified in division (F) of section 2925.03 of the5747
Revised Code.5748

       Sec. 2925.31.  (A) Except for lawful research, clinical,5749
medical, dental, or veterinary purposes, no person, with purpose5750
to induce intoxication or similar physiological effects, shall5751
obtain, possess, or use a harmful intoxicant.5752

       (B) Whoever violates this section is guilty of abusing5753
harmful intoxicants, a misdemeanor of the first degree. If the5754
offender previously has been convicted of a drug abuse offense,5755
abusing harmful intoxicants is a felony of the fifth degree.5756

       (C) In addition to any other sanction imposed upon an5757
offender for a violation of this section, the court shall suspend5758
for not less than six months or more than five years the5759
offender's driver's or commercial driver's license or permit of5760
any person who is convicted of or has pleaded guilty to a5761
violation of this section. If the offender is a professionally5762
licensed person or a person who has been admitted to the bar by5763
order of the supreme court in compliance with its prescribed and5764
published rules, in addition to any other sanction imposed for a5765
violation of this section, the court forthwithimmediately shall5766
comply with section 2925.38 of the Revised Code.5767

       Sec. 2925.32.  (A) Divisions (A)(1) and (2) of this section5768
do not apply to the dispensing or distributing of nitrous oxide.5769

       (1) No person shall knowingly dispense or distribute a5770
harmful intoxicant to a person age eighteen or older if the person5771
who dispenses or distributes it knows or has reason to believe5772
that the harmful intoxicant will be used in violation of section5773
2925.31 of the Revised Code.5774

       (2) No person shall knowingly dispense or distribute a5775
harmful intoxicant to a person under age eighteen if the person5776
who dispenses or distributes it knows or has reason to believe5777
that the harmful intoxicant will be used in violation of section5778
2925.31 of the Revised Code. Division (A)(2) of this section does5779
not prohibit either of the following:5780

       (a) Dispensing or distributing a harmful intoxicant to a5781
person under age eighteen if a written order from the juvenile's5782
parent or guardian is provided to the dispenser or distributor;5783

       (b) Dispensing or distributing gasoline or diesel fuel to a5784
person under age eighteen if the dispenser or distributor does not5785
know or have reason to believe the product will be used in5786
violation of section 2925.31 of the Revised Code. Division5787
(A)(2)(a) of this section does not require a person to obtain a5788
written order from the parent or guardian of a person under age5789
eighteen in order to distribute or dispense gasoline or diesel5790
fuel to the person.5791

       (B)(1) No person shall knowingly dispense or distribute5792
nitrous oxide to a person age twenty-one or older if the person5793
who dispenses or distributes it knows or has reason to believe the5794
nitrous oxide will be used in violation of section 2925.31 of the5795
Revised Code.5796

       (2) Except for lawful medical, dental, or clinical purposes,5797
no person shall knowingly dispense or distribute nitrous oxide to5798
a person under age twenty-one.5799

       (3) No person, at the time a cartridge of nitrous oxide is5800
sold to another person, shall sell a device that allows the5801
purchaser to inhale nitrous oxide from cartridges or to hold5802
nitrous oxide released from cartridges for purposes of inhalation.5803
The sale of any such device constitutes a rebuttable presumption5804
that the person knew or had reason to believe that the purchaser5805
intended to abuse the nitrous oxide.5806

       (4) No person who dispenses or distributes nitrous oxide in5807
cartridges shall fail to comply with either of the following:5808

       (a) The record-keeping requirements established under5809
division (F) of this section;5810

       (b) The labeling and transaction identification requirements5811
established under division (G) of this section.5812

       (C) This section does not apply to products used in making,5813
fabricating, assembling, transporting, or constructing a product5814
or structure by manual labor or machinery for sale or lease to5815
another person, or to the mining, refining, or processing of5816
natural deposits.5817

       (D)(1) Whoever violates division (A)(1) or (2) or division5818
(B)(1), (2), or (3) of this section is guilty of trafficking in5819
harmful intoxicants, a felony of the fifth degree. If the5820
offender previously has been convicted of a drug abuse offense,5821
trafficking in harmful intoxicants is a felony of the fourth5822
degree. In addition to any other sanction imposed upon an5823
offender for trafficking in harmful intoxicants, the court shall5824
suspend for not less than six months or more than five years the5825
offender's driver's or commercial driver's license or permit of5826
any person who is convicted of or has pleaded guilty to5827
trafficking in harmful intoxicants. If the offender is a5828
professionally licensed person or a person who has been admitted5829
to the bar by order of the supreme court in compliance with its5830
prescribed and published rules, in addition to any other sanction5831
imposed for trafficking in harmful intoxicants, the court5832
forthwithimmediately shall comply with section 2925.38 of the5833
Revised Code.5834

       (2) Whoever violates division (B)(4)(a) or (b) of this5835
section is guilty of improperly dispensing or distributing nitrous5836
oxide, a misdemeanor of the fourth degree.5837

       (E) It is an affirmative defense to a charge of a violation5838
of division (A)(2) or (B)(2) of this section that:5839

       (1) An individual exhibited to the defendant or an officer5840
or employee of the defendant, for purposes of establishing the5841
individual's age, a driver's license or permit issued by this5842
state, a commercial driver's license or permit issued by this5843
state, an identification card issued pursuant to section 4507.505844
of the Revised Code, for another document that purports to be a5845
license, permit, or identification card described in this5846
division;5847

       (2) The document exhibited appeared to be a genuine,5848
unaltered document, to pertain to the individual, and to establish5849
the individual's age;5850

       (3) The defendant or the officer or employee of the5851
defendant otherwise did not have reasonable cause to believe that5852
the individual was under the age represented.5853

       (F) Beginning July 1, 2000, a person who dispenses or5854
distributes nitrous oxide shall record each transaction involving5855
the dispensing or distributing of the nitrous oxide on a separate5856
card. The person shall require the purchaser to sign the card and5857
provide a complete residence address. The person dispensing or5858
distributing the nitrous oxide shall sign and date the card. The5859
person shall retain the card recording a transaction for one year5860
from the date of the transaction. The person shall maintain the5861
cards at the person's business address and make them available5862
during normal business hours for inspection and copying by5863
officers or employees of the state board of pharmacy or of other5864
law enforcement agencies of this state or the United States that5865
are authorized to investigate violations of Chapter 2925., 3719.,5866
or 4729. of the Revised Code or the federal drug abuse control5867
laws.5868

       The cards used to record each transaction shall inform the5869
purchaser of the following:5870

       (1) That nitrous oxide cartridges are to be used only for5871
purposes of preparing food;5872

       (2) That inhalation of nitrous oxide can have dangerous5873
health effects;5874

       (3) That it is a violation of state law to distribute or5875
dispense cartridges of nitrous oxide to any person under age5876
twenty-one, punishable as a felony of the fifth degree.5877

       (G)(1) Each cartridge of nitrous oxide dispensed or5878
distributed in this state shall bear the following printed5879
warning:5880

       "Nitrous oxide cartridges are to be used only for purposes of5881
preparing food. Nitrous oxide cartridges may not be sold to5882
persons under age twenty-one. Do not inhale contents. Misuse can5883
be dangerous to your health."5884

       (2) Each time a person dispenses or distributes one or more5885
cartridges of nitrous oxide, the person shall mark the packaging5886
containing the cartridges with a label or other device that5887
identifies the person who dispensed or distributed the nitrous5888
oxide and the person's business address.5889

       Sec. 2925.36.  (A) No person shall knowingly furnish another5890
a sample drug.5891

       (B) Division (A) of this section does not apply to5892
manufacturers, wholesalers, pharmacists, owners of pharmacies,5893
licensed health professionals authorized to prescribe drugs, and5894
other persons whose conduct is in accordance with Chapters 3719.,5895
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised Code.5896

       (C)(1) Whoever violates this section is guilty of illegal5897
dispensing of drug samples.5898

       (2) If the drug involved in the offense is a compound,5899
mixture, preparation, or substance included in schedule I or II,5900
with the exception of marihuana, the penalty for the offense shall5901
be determined as follows:5902

       (a) Except as otherwise provided in division (C)(2)(b) of5903
this section, illegal dispensing of drug samples is a felony of5904
the fifth degree, and, subject to division (E) of this section,5905
division (C) of section 2929.13 of the Revised Code applies in5906
determining whether to impose a prison term on the offender.5907

       (b) If the offense was committed in the vicinity of a school5908
or in the vicinity of a juvenile, illegal dispensing of drug5909
samples is a felony of the fourth degree, and, subject to division5910
(E) of this section, division (C) of section 2929.13 of the5911
Revised Code applies in determining whether to impose a prison5912
term on the offender.5913

       (3) If the drug involved in the offense is a dangerous drug5914
or a compound, mixture, preparation, or substance included in5915
schedule III, IV, or V, or is marihuana, the penalty for the5916
offense shall be determined as follows:5917

       (a) Except as otherwise provided in division (C)(3)(b) of5918
this section, illegal dispensing of drug samples is a misdemeanor5919
of the second degree.5920

       (b) If the offense was committed in the vicinity of a school5921
or in the vicinity of a juvenile, illegal dispensing of drug5922
samples is a misdemeanor of the first degree.5923

       (D) In addition to any prison term authorized or required by5924
division (C) or (E) of this section and sections 2929.13 and5925
2929.14 of the Revised Code and in addition to any other sanction5926
imposed for the offense under this section or sections 2929.11 to5927
2929.18 of the Revised Code, the court that sentences an offender5928
who is convicted of or pleads guilty to a violation of division5929
(A) of this section shall do both of the following:5930

       (1) The court shall suspend for not less than six months or5931
more than five years the offender's driver's or commercial5932
driver's license or permit of any person who is convicted of or5933
has pleaded guilty to a violation of this section.5934

       (2) If the offender is a professionally licensed person or a5935
person who has been admitted to the bar by order of the supreme5936
court in compliance with its prescribed and published rules, in5937
addition to any other sanction imposed for a violation of this5938
section, the court forthwithimmediately shall comply with section5939
2925.38 of the Revised Code.5940

       (E) Notwithstanding the prison term authorized or required5941
by division (C) of this section and sections 2929.13 and 2929.145942
of the Revised Code, if the violation of division (A) of this5943
section involves the sale, offer to sell, or possession of a5944
schedule I or II controlled substance, with the exception of5945
marihuana, and if the court imposing sentence upon the offender5946
finds that the offender as a result of the violation is a major5947
drug offender and is guilty of a specification of the type5948
described in section 2941.1410 of the Revised Code, the court, in5949
lieu of the prison term otherwise authorized or required, shall5950
impose upon the offender the mandatory prison term specified in5951
division (D)(3)(a) of section 2929.14 of the Revised Code and may5952
impose an additional prison term under division (D)(3)(b) of that5953
section.5954

       (F) Notwithstanding any contrary provision of section5955
3719.21 of the Revised Code, the clerk of the court shall pay a5956
fine imposed for a violation of this section pursuant to division5957
(A) of section 2929.18 of the Revised Code in accordance with and5958
subject to the requirements of division (F) of section 2925.03 of5959
the Revised Code. The agency that receives the fine shall use the5960
fine as specified in division (F) of section 2925.03 of the5961
Revised Code.5962

       Sec. 2925.37.  (A) No person shall knowingly possess any5963
counterfeit controlled substance.5964

       (B) No person shall knowingly make, sell, offer to sell, or5965
deliver any substance that the person knows is a counterfeit5966
controlled substance.5967

       (C) No person shall make, possess, sell, offer to sell, or5968
deliver any punch, die, plate, stone, or other device knowing or5969
having reason to know that it will be used to print or reproduce a5970
trademark, trade name, or other identifying mark upon a5971
counterfeit controlled substance.5972

       (D) No person shall sell, offer to sell, give, or deliver5973
any counterfeit controlled substance to a juvenile.5974

       (E) No person shall directly or indirectly represent a5975
counterfeit controlled substance as a controlled substance by5976
describing its effects as the physical or psychological effects5977
associated with use of a controlled substance.5978

       (F) No person shall directly or indirectly falsely represent5979
or advertise a counterfeit controlled substance as a controlled5980
substance. As used in this division, "advertise" means engaging5981
in "advertisement," as defined in section 3715.01 of the Revised5982
Code.5983

       (G) Whoever violates division (A) of this section is guilty5984
of possession of counterfeit controlled substances, a misdemeanor5985
of the first degree.5986

       (H) Whoever violates division (B) or (C) of this section is5987
guilty of trafficking in counterfeit controlled substances. Except5988
as otherwise provided in this division, trafficking in counterfeit5989
controlled substances is a felony of the fifth degree, and5990
division (C) of section 2929.13 of the Revised Code applies in5991
determining whether to impose a prison term on the offender. If5992
the offense was committed in the vicinity of a school or in the5993
vicinity of a juvenile, trafficking in counterfeit controlled5994
substances is a felony of the fourth degree, and division (C) of5995
section 2929.13 of the Revised Code applies in determining whether5996
to impose a prison term on the offender.5997

       (I) Whoever violates division (D) of this section is guilty5998
of aggravated trafficking in counterfeit controlled substances.5999
Except as otherwise provided in this division, aggravated6000
trafficking in counterfeit controlled substances is a felony of6001
the fourth degree, and division (C) of section 2929.13 of the6002
Revised Code applies in determining whether to impose a prison6003
term on the offender.6004

       (J) Whoever violates division (E) of this section is guilty6005
of promoting and encouraging drug abuse. Except as otherwise6006
provided in this division, promoting and encouraging drug abuse is6007
a felony of the fifth degree, and division (C) of section 2929.136008
of the Revised Code applies in determining whether to impose a6009
prison term on the offender. If the offense was committed in the6010
vicinity of a school or in the vicinity of a juvenile, promoting6011
and encouraging drug abuse is a felony of the fourth degree, and6012
division (C) of section 2929.13 of the Revised Code applies in6013
determining whether to impose a prison term on the offender.6014

       (K) Whoever violates division (F) of this section is guilty6015
of fraudulent drug advertising. Except as otherwise provided in6016
this division, fraudulent drug advertising is a felony of the6017
fifth degree, and division (C) of section 2929.13 of the Revised6018
Code applies in determining whether to impose a prison term on the6019
offender. If the offense was committed in the vicinity of a6020
school or in the vicinity of a juvenile, fraudulent drug6021
advertising is a felony of the fourth degree, and division (C) of6022
section 2929.13 of the Revised Code applies in determining whether6023
to impose a prison term on the offender.6024

       (L) In addition to any prison term authorized or required by6025
divisions (H) to (K) of this section and sections 2929.13 and6026
2929.14 of the Revised Code and in addition to any other sanction6027
imposed for the offense under this section or sections 2929.11 to6028
2929.18 of the Revised Code, the court that sentences an offender6029
who is convicted of or pleads guilty to a violation of division6030
(B), (C), (D), (E), or (F) of this section shall do both of the6031
following:6032

       (1) The court shall suspend for not less than six months or6033
more than five years the offender's driver's or commercial6034
driver's license or permit of any person who is convicted of or6035
has pleaded guilty to any other violation of this section.6036

       (2) If the offender is a professionally licensed person or a6037
person who has been admitted to the bar by order of the supreme6038
court in compliance with its prescribed and published rules, in6039
addition to any other sanction imposed for a violation of this6040
section, the court forthwithimmediately shall comply with section6041
2925.38 of the Revised Code.6042

       (M) Notwithstanding any contrary provision of section6043
3719.21 of the Revised Code, the clerk of the court shall pay a6044
fine imposed for a violation of this section pursuant to division6045
(A) of section 2929.18 of the Revised Code in accordance with and6046
subject to the requirements of division (F) of section 2925.03 of6047
the Revised Code. The agency that receives the fine shall use the6048
fine as specified in division (F) of section 2925.03 of the6049
Revised Code.6050

       Sec. 2925.38.  If a person who is convicted of or pleads6051
guilty to a violation of section 2925.02, 2925.03, 2925.04,6052
2925.05, 2925.06, 2925.07, 2925.11, 2925.12, 2925.13, 2925.14,6053
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the6054
Revised Code is a professionally licensed person, in addition to6055
any other sanctions imposed for the violation, the court6056
forthwith,except as otherwise provided in this section,6057
immediately shall transmit a certified copy of the judgment entry6058
of conviction to the regulatory or licensing board or agency that6059
has the administrative authority to suspend or revoke the6060
offender's professional license. If athe professionally licensed6061
person who is convicted of or pleads guilty to a violation of any6062
section listed in this section is a person who has been admitted6063
to the bar by order of the supreme court in compliance with its6064
prescribed and published rules, in addition to any other sanctions6065
imposed for the violation, the court forthwithimmediately shall6066
transmit a certified copy of the judgment entry of conviction to6067
the secretary of the board of commissioners on grievances and6068
discipline of the supreme court and to either the disciplinary6069
counsel or the president, secretary, and chairmanchairperson of6070
each certified grievance committee.6071

       Sec. 2929.01.  As used in this chapter:6072

       (A)(1) "Alternative residential facility" means, subject to6073
division (A)(2) of this section, any facility other than an6074
offender's home or residence in which an offender is assigned to6075
live and that satisfies all of the following criteria:6076

       (a) It provides programs through which the offender may seek6077
or maintain employment or may receive education, training,6078
treatment, or habilitation.6079

       (b) It has received the appropriate license or certificate6080
for any specialized education, training, treatment, habilitation,6081
or other service that it provides from the government agency that6082
is responsible for licensing or certifying that type of education,6083
training, treatment, habilitation, or service.6084

       (2) "Alternative residential facility" does not include a6085
community-based correctional facility, jail, halfway house, or6086
prison.6087

       (B) "Bad time" means the time by which the parole board6088
administratively extends an offender's stated prison term or terms6089
pursuant to section 2967.11 of the Revised Code because the parole6090
board finds by clear and convincing evidence that the offender,6091
while serving the prison term or terms, committed an act that is a6092
criminal offense under the law of this state or the United States,6093
whether or not the offender is prosecuted for the commission of6094
that act.6095

       (C) "Basic probation supervision" means a requirement that6096
the offender maintain contact with a person appointed to supervise6097
the offender in accordance with sanctions imposed by the court or6098
imposed by the parole board pursuant to section 2967.28 of the6099
Revised Code. "Basic probation supervision" includes basic parole6100
supervision and basic post-release control supervision.6101

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and6102
"unit dose" have the same meanings as in section 2925.01 of the6103
Revised Code.6104

       (E) "Community-based correctional facility" means a6105
community-based correctional facility and program or district6106
community-based correctional facility and program developed6107
pursuant to sections 2301.51 to 2301.56 of the Revised Code.6108

       (F) "Community control sanction" means a sanction that is6109
not a prison term and that is described in section 2929.15,6110
2929.16, 2929.17, or 2929.18 of the Revised Code.6111

       (G) "Controlled substance," "marihuana," "schedule I," and6112
"schedule II" have the same meanings as in section 3719.01 of the6113
Revised Code.6114

       (H) "Curfew" means a requirement that an offender during a6115
specified period of time be at a designated place.6116

       (I) "Day reporting" means a sanction pursuant to which an6117
offender is required each day to report to and leave a center or6118
other approved reporting location at specified times in order to6119
participate in work, education or training, treatment, and other6120
approved programs at the center or outside the center.6121

       (J) "Deadly weapon" has the same meaning as in section6122
2923.11 of the Revised Code.6123

       (K) "Drug and alcohol use monitoring" means a program under6124
which an offender agrees to submit to random chemical analysis of6125
the offender's blood, breath, or urine to determine whether the6126
offender has ingested any alcohol or other drugs.6127

       (L) "Drug treatment program" means any program under which a6128
person undergoes assessment and treatment designed to reduce or6129
completely eliminate the person's physical or emotional reliance6130
upon alcohol, another drug, or alcohol and another drug and under6131
which the person may be required to receive assessment and6132
treatment on an outpatient basis or may be required to reside at a6133
facility other than the person's home or residence while6134
undergoing assessment and treatment.6135

       (M) "Economic loss" means any economic detriment suffered by6136
a victim as a result of the commission of a felony and includes6137
any loss of income due to lost time at work because of any injury6138
caused to the victim, and any property loss, medical cost, or6139
funeral expense incurred as a result of the commission of the6140
felony.6141

       (N) "Education or training" includes study at, or in6142
conjunction with a program offered by, a university, college, or6143
technical college or vocational study and also includes the6144
completion of primary school, secondary school, and literacy6145
curricula or their equivalent.6146

       (O) "Electronically monitored house arrest" has the same6147
meaning as in section 2929.23 of the Revised Code.6148

       (P) "Eligible offender" has the same meaning as in section6149
2929.23 of the Revised Code except as otherwise specified in6150
section 2929.20 of the Revised Code.6151

       (Q) "Firearm" has the same meaning as in section 2923.11 of6152
the Revised Code.6153

       (R) "Halfway house" means a facility licensed by the6154
division of parole and community services of the department of6155
rehabilitation and correction pursuant to section 2967.14 of the6156
Revised Code as a suitable facility for the care and treatment of6157
adult offenders.6158

       (S) "House arrest" means a period of confinement of an6159
eligible offender that is in the eligible offender's home or in6160
other premises specified by the sentencing court or by the parole6161
board pursuant to section 2967.28 of the Revised Code, that may be6162
electronically monitored house arrest, and during which all of the6163
following apply:6164

       (1) The eligible offender is required to remain in the6165
eligible offender's home or other specified premises for the6166
specified period of confinement, except for periods of time during6167
which the eligible offender is at the eligible offender's place of6168
employment or at other premises as authorized by the sentencing6169
court or by the parole board.6170

       (2) The eligible offender is required to report periodically6171
to a person designated by the court or parole board.6172

       (3) The eligible offender is subject to any other6173
restrictions and requirements that may be imposed by the6174
sentencing court or by the parole board.6175

       (T) "Intensive probation supervision" means a requirement6176
that an offender maintain frequent contact with a person appointed6177
by the court, or by the parole board pursuant to section 2967.286178
of the Revised Code, to supervise the offender while the offender6179
is seeking or maintaining necessary employment and participating6180
in training, education, and treatment programs as required in the6181
court's or parole board's order. "Intensive probation6182
supervision" includes intensive parole supervision and intensive6183
post-release control supervision.6184

       (U) "Jail" means a jail, workhouse, minimum security jail,6185
or other residential facility used for the confinement of alleged6186
or convicted offenders that is operated by a political subdivision6187
or a combination of political subdivisions of this state.6188

       (V) "Delinquent child" has the same meaning as in section6189
2152.02 of the Revised Code.6190

       (W) "License violation report" means a report that is made6191
by a sentencing court, or by the parole board pursuant to section6192
2967.28 of the Revised Code, to the regulatory or licensing board6193
or agency that issued an offender a professional license or a6194
license or permit to do business in this state and that specifies6195
that the offender has been convicted of or pleaded guilty to an6196
offense that may violate the conditions under which the offender's6197
professional license or license or permit to do business in this6198
state was granted or an offense for which the offender's6199
professional license or license or permit to do business in this6200
state may be revoked or suspended.6201

       (X) "Major drug offender" means an offender who is convicted6202
of or pleads guilty to the possession of, sale of, or offer to6203
sell any drug, compound, mixture, preparation, or substance that6204
consists of or contains at least one thousand grams of hashish; at6205
least one hundred grams of crack cocaine; at least one thousand6206
grams of cocaine that is not crack cocaine; at least two thousand6207
five hundred unit doses or two hundred fifty grams of heroin; at6208
least five thousand unit doses of L.S.D. or five hundred grams of6209
L.S.D. in a liquid concentrate, liquid extract, or liquid6210
distillate form; or at least one hundred times the amount of any6211
other schedule I or II controlled substance other than marihuana6212
that is necessary to commit a felony of the third degree pursuant6213
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised6214
Code that is based on the possession of, sale of, or offer to sell6215
the controlled substance.6216

       (Y) "Mandatory prison term" means any of the following:6217

       (1) Subject to division (Y)(2) of this section, the term in6218
prison that must be imposed for the offenses or circumstances set6219
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and6220
division (D) of section 2929.14 of the Revised Code. Except as6221
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and6222
2925.11 of the Revised Code, unless the maximum or another6223
specific term is required under section 2929.14 of the Revised6224
Code, a mandatory prison term described in this division may be6225
any prison term authorized for the level of offense.6226

       (2) The term of sixty or one hundred twenty days in prison6227
that a sentencing court is required to impose for a third or6228
fourth degree felony OMVIOVI offense pursuant to division (G)(2)6229
of section 2929.13 and division (A)(4) or (8)(G)(1)(d) or (e) of6230
section 4511.994511.19 of the Revised Code.6231

       (3) The term in prison imposed pursuant to section 2971.036232
of the Revised Code for the offenses and in the circumstances6233
described in division (F)(11) of section 2929.13 of the Revised6234
Code and that term as modified or terminated pursuant to section6235
2971.05 of the Revised Code.6236

       (Z) "Monitored time" means a period of time during which an6237
offender continues to be under the control of the sentencing court6238
or parole board, subject to no conditions other than leading a6239
law-abiding life.6240

       (AA) "Offender" means a person who, in this state, is6241
convicted of or pleads guilty to a felony or a misdemeanor.6242

       (BB) "Prison" means a residential facility used for the6243
confinement of convicted felony offenders that is under the6244
control of the department of rehabilitation and correction but6245
does not include a violation sanction center operated under6246
authority of section 2967.141 of the Revised Code.6247

       (CC) "Prison term" includes any of the following sanctions6248
for an offender:6249

       (1) A stated prison term;6250

       (2) A term in a prison shortened by, or with the approval6251
of, the sentencing court pursuant to section 2929.20, 2967.26,6252
5120.031, 5120.032, or 5120.073 of the Revised Code;6253

       (3) A term in prison extended by bad time imposed pursuant6254
to section 2967.11 of the Revised Code or imposed for a violation6255
of post-release control pursuant to section 2967.28 of the Revised6256
Code.6257

       (DD) "Repeat violent offender" means a person about whom6258
both of the following apply:6259

       (1) The person has been convicted of or has pleaded guilty6260
to, and is being sentenced for committing, for complicity in6261
committing, or for an attempt to commit, aggravated murder,6262
murder, involuntary manslaughter, a felony of the first degree6263
other than one set forth in Chapter 2925. of the Revised Code, a6264
felony of the first degree set forth in Chapter 2925. of the6265
Revised Code that involved an attempt to cause serious physical6266
harm to a person or that resulted in serious physical harm to a6267
person, or a felony of the second degree that involved an attempt6268
to cause serious physical harm to a person or that resulted in6269
serious physical harm to a person.6270

       (2) Either of the following applies:6271

       (a) The person previously was convicted of or pleaded guilty6272
to, and served a prison term for, any of the following:6273

       (i) Aggravated murder, murder, involuntary manslaughter,6274
rape, felonious sexual penetration as it existed under section6275
2907.12 of the Revised Code prior to September 3, 1996, a felony6276
of the first or second degree that resulted in the death of a6277
person or in physical harm to a person, or complicity in or an6278
attempt to commit any of those offenses;6279

       (ii) An offense under an existing or former law of this6280
state, another state, or the United States that is or was6281
substantially equivalent to an offense listed under division6282
(DD)(2)(a)(i) of this section and that resulted in the death of a6283
person or in physical harm to a person.6284

       (b) The person previously was adjudicated a delinquent child6285
for committing an act that if committed by an adult would have6286
been an offense listed in division (DD)(2)(a)(i) or (ii) of this6287
section, the person was committed to the department of youth6288
services for that delinquent act.6289

       (EE) "Sanction" means any penalty imposed upon an offender6290
who is convicted of or pleads guilty to an offense, as punishment6291
for the offense. "Sanction" includes any sanction imposed6292
pursuant to any provision of sections 2929.14 to 2929.18 of the6293
Revised Code.6294

       (FF) "Sentence" means the sanction or combination of6295
sanctions imposed by the sentencing court on an offender who is6296
convicted of or pleads guilty to a felony.6297

       (GG) "Stated prison term" means the prison term, mandatory6298
prison term, or combination of all prison terms and mandatory6299
prison terms imposed by the sentencing court pursuant to section6300
2929.14 or 2971.03 of the Revised Code. "Stated prison term"6301
includes any credit received by the offender for time spent in6302
jail awaiting trial, sentencing, or transfer to prison for the6303
offense and any time spent under house arrest or electronically6304
monitored house arrest imposed after earning credits pursuant to6305
section 2967.193 of the Revised Code.6306

       (HH) "Victim-offender mediation" means a reconciliation or6307
mediation program that involves an offender and the victim of the6308
offense committed by the offender and that includes a meeting in6309
which the offender and the victim may discuss the offense, discuss6310
restitution, and consider other sanctions for the offense.6311

       (II) "Fourth degree felony OMVIOVI offense" means a6312
violation of division (A) of section 4511.19 of the Revised Code6313
that, under division (G) of that section 4511.99 of the Revised6314
Code, is a felony of the fourth degree.6315

       (JJ) "Mandatory term of local incarceration" means the term6316
of sixty or one hundred twenty days in a jail, a community-based6317
correctional facility, a halfway house, or an alternative6318
residential facility that a sentencing court may impose upon a6319
person who is convicted of or pleads guilty to a fourth degree6320
felony OMVIOVI offense pursuant to division (G)(1) of section6321
2929.13 of the Revised Code and division (A)(4) or (8)(G)(1)(d)6322
or (e) of section 4511.994511.19 of the Revised Code.6323

       (KK) "Designated homicide, assault, or kidnapping offense,"6324
"sexual motivation specification," "sexually violent offense,"6325
"sexually violent predator," and "sexually violent predator6326
specification" have the same meanings as in section 2971.01 of the6327
Revised Code.6328

       (LL) "Habitual sex offender," "sexually oriented offense,"6329
and "sexual predator" have the same meanings as in section 2950.016330
of the Revised Code.6331

       (MM) An offense is "committed in the vicinity of a child" if6332
the offender commits the offense within thirty feet of or within6333
the same residential unit as a child who is under eighteen years6334
of age, regardless of whether the offender knows the age of the6335
child or whether the offender knows the offense is being committed6336
within thirty feet of or within the same residential unit as the6337
child and regardless of whether the child actually views the6338
commission of the offense.6339

       (NN) "Family or household member" has the same meaning as in6340
section 2919.25 of the Revised Code.6341

       (OO) "Motor vehicle" and "manufactured home" have the same6342
meanings as in section 4501.01 of the Revised Code.6343

       (PP) "Detention" and "detention facility" have the same6344
meanings as in section 2921.01 of the Revised Code.6345

       (QQ) "Third degree felony OMVIOVI offense" means a6346
violation of division (A) of section 4511.19 of the Revised Code6347
that, under division (G) of that section 4511.99 of the Revised6348
Code, is a felony of the third degree.6349

       (RR) "Random drug testing" has the same meaning as in6350
section 5120.63 of the Revised Code.6351

       (SS) "Felony sex offense" has the same meaning as in section6352
2957.28 of the Revised Code.6353

       (RR)(TT) "Body armor" has the same meaning as in section6354
2941.1411 of the Revised Code.6355

       Sec. 2929.13.  (A) Except as provided in division (E), (F),6356
or (G) of this section and unless a specific sanction is required6357
to be imposed or is precluded from being imposed pursuant to law,6358
a court that imposes a sentence upon an offender for a felony may6359
impose any sanction or combination of sanctions on the offender6360
that are provided in sections 2929.14 to 2929.18 of the Revised6361
Code. The sentence shall not impose an unnecessary burden on6362
state or local government resources.6363

       If the offender is eligible to be sentenced to community6364
control sanctions, the court shall consider the appropriateness of6365
imposing a financial sanction pursuant to section 2929.18 of the6366
Revised Code or a sanction of community service pursuant to6367
section 2929.17 of the Revised Code as the sole sanction for the6368
offense. Except as otherwise provided in this division, if the6369
court is required to impose a mandatory prison term for the6370
offense for which sentence is being imposed, the court also may6371
impose a financial sanction pursuant to section 2929.18 of the6372
Revised Code but may not impose any additional sanction or6373
combination of sanctions under section 2929.16 or 2929.17 of the6374
Revised Code.6375

       If the offender is being sentenced for a fourth degree felony6376
OMVIOVI offense or for a third degree felony OMVIOVI offense, in6377
addition to the mandatory term of local incarceration or the6378
mandatory prison term required for the offense by division (G)(1)6379
or (2) of this section, the court shall impose upon the offender a6380
mandatory fine in accordance with division (B)(3) of section6381
2929.18 of the Revised Code and may impose whichever of the6382
following is applicable:6383

       (1) For a fourth degree felony OMVIOVI offense for which6384
sentence is imposed under division (G)(1) of this section, an6385
additional community control sanction or combination of community6386
control sanctions under section 2929.16 or 2929.17 of the Revised6387
Code;6388

       (2) For a third or fourth degree felony OMVIOVI offense for6389
which sentence is imposed under division (G)(2) of this section,6390
an additional prison term as described in division (D)(4) of6391
section 2929.14 of the Revised Code.6392

       (B)(1) Except as provided in division (B)(2), (E), (F), or6393
(G) of this section, in sentencing an offender for a felony of the6394
fourth or fifth degree, the sentencing court shall determine6395
whether any of the following apply:6396

       (a) In committing the offense, the offender caused physical6397
harm to a person.6398

       (b) In committing the offense, the offender attempted to6399
cause or made an actual threat of physical harm to a person with a6400
deadly weapon.6401

       (c) In committing the offense, the offender attempted to6402
cause or made an actual threat of physical harm to a person, and6403
the offender previously was convicted of an offense that caused6404
physical harm to a person.6405

       (d) The offender held a public office or position of trust6406
and the offense related to that office or position; the offender's6407
position obliged the offender to prevent the offense or to bring6408
those committing it to justice; or the offender's professional6409
reputation or position facilitated the offense or was likely to6410
influence the future conduct of others.6411

       (e) The offender committed the offense for hire or as part6412
of an organized criminal activity.6413

       (f) The offense is a sex offense that is a fourth or fifth6414
degree felony violation of section 2907.03, 2907.04, 2907.05,6415
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the6416
Revised Code.6417

       (g) The offender previously served a prison term.6418

       (h) The offender committed the offense while under a6419
community control sanction, while on probation, or while released6420
from custody on a bond or personal recognizance.6421

       (i) The offender committed the offense while in possession6422
of a firearm.6423

       (2)(a) If the court makes a finding described in division6424
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this6425
section and if the court, after considering the factors set forth6426
in section 2929.12 of the Revised Code, finds that a prison term6427
is consistent with the purposes and principles of sentencing set6428
forth in section 2929.11 of the Revised Code and finds that the6429
offender is not amenable to an available community control6430
sanction, the court shall impose a prison term upon the offender.6431

       (b) Except as provided in division (E), (F), or (G) of this6432
section, if the court does not make a finding described in6433
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of6434
this section and if the court, after considering the factors set6435
forth in section 2929.12 of the Revised Code, finds that a6436
community control sanction or combination of community control6437
sanctions is consistent with the purposes and principles of6438
sentencing set forth in section 2929.11 of the Revised Code, the6439
court shall impose a community control sanction or combination of6440
community control sanctions upon the offender.6441

       (C) Except as provided in division (E), (F), or (G) of this6442
section, in determining whether to impose a prison term as a6443
sanction for a felony of the third degree or a felony drug offense6444
that is a violation of a provision of Chapter 2925. of the Revised6445
Code and that is specified as being subject to this division for6446
purposes of sentencing, the sentencing court shall comply with the6447
purposes and principles of sentencing under section 2929.11 of the6448
Revised Code and with section 2929.12 of the Revised Code.6449

       (D) Except as provided in division (E) or (F) of this6450
section, for a felony of the first or second degree and for a6451
felony drug offense that is a violation of any provision of6452
Chapter 2925., 3719., or 4729. of the Revised Code for which a6453
presumption in favor of a prison term is specified as being6454
applicable, it is presumed that a prison term is necessary in6455
order to comply with the purposes and principles of sentencing6456
under section 2929.11 of the Revised Code. Notwithstanding the6457
presumption established under this division, the sentencing court6458
may impose a community control sanction or a combination of6459
community control sanctions instead of a prison term on an6460
offender for a felony of the first or second degree or for a6461
felony drug offense that is a violation of any provision of6462
Chapter 2925., 3719., or 4729. of the Revised Code for which a6463
presumption in favor of a prison term is specified as being6464
applicable if it makes both of the following findings:6465

       (1) A community control sanction or a combination of6466
community control sanctions would adequately punish the offender6467
and protect the public from future crime, because the applicable6468
factors under section 2929.12 of the Revised Code indicating a6469
lesser likelihood of recidivism outweigh the applicable factors6470
under that section indicating a greater likelihood of recidivism.6471

       (2) A community control sanction or a combination of6472
community control sanctions would not demean the seriousness of6473
the offense, because one or more factors under section 2929.12 of6474
the Revised Code that indicate that the offender's conduct was6475
less serious than conduct normally constituting the offense are6476
applicable, and they outweigh the applicable factors under that6477
section that indicate that the offender's conduct was more serious6478
than conduct normally constituting the offense.6479

       (E)(1) Except as provided in division (F) of this section,6480
for any drug offense that is a violation of any provision of6481
Chapter 2925. of the Revised Code and that is a felony of the6482
third, fourth, or fifth degree, the applicability of a presumption6483
under division (D) of this section in favor of a prison term or of6484
division (B) or (C) of this section in determining whether to6485
impose a prison term for the offense shall be determined as6486
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6487
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the6488
Revised Code, whichever is applicable regarding the violation.6489

       (2) If an offender who was convicted of or pleaded guilty to6490
a felony violates the conditions of a community control sanction6491
imposed for the offense solely by reason of producing positive6492
results on a drug test, the court, as punishment for the violation6493
of the sanction, shall not order that the offender be imprisoned6494
unless the court determines on the record either of the following:6495

       (a) The offender had been ordered as a sanction for the6496
felony to participate in a drug treatment program, in a drug6497
education program, or in narcotics anonymous or a similar program,6498
and the offender continued to use illegal drugs after a reasonable6499
period of participation in the program.6500

       (b) The imprisonment of the offender for the violation is6501
consistent with the purposes and principles of sentencing set6502
forth in section 2929.11 of the Revised Code.6503

       (F) Notwithstanding divisions (A) to (E) of this section,6504
the court shall impose a prison term or terms under sections6505
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the6506
Revised Code and except as specifically provided in section6507
2929.20 or 2967.191 of the Revised Code or when parole is6508
authorized for the offense under section 2967.13 of the Revised6509
Code shall not reduce the terms pursuant to section 2929.20,6510
section 2967.193, or any other provision of Chapter 2967. or6511
Chapter 5120. of the Revised Code for any of the following6512
offenses:6513

       (1) Aggravated murder when death is not imposed or murder;6514

       (2) Any rape, regardless of whether force was involved and6515
regardless of the age of the victim, or an attempt to commit rape6516
by force when the victim is under thirteen years of age;6517

       (3) Gross sexual imposition or sexual battery, if the victim6518
is under thirteen years of age, if the offender previously was6519
convicted of or pleaded guilty to rape, the former offense of6520
felonious sexual penetration, gross sexual imposition, or sexual6521
battery, and if the victim of the previous offense was under6522
thirteen years of age;6523

       (4) A felony violation of section 2903.04, 2903.06, 2903.08,6524
2903.11, 2903.12, or 2903.13 of the Revised Code if the section6525
requires the imposition of a prison term;6526

       (5) A first, second, or third degree felony drug offense for6527
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6528
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or6529
4729.99 of the Revised Code, whichever is applicable regarding the6530
violation, requires the imposition of a mandatory prison term;6531

       (6) Any offense that is a first or second degree felony and6532
that is not set forth in division (F)(1), (2), (3), or (4) of this6533
section, if the offender previously was convicted of or pleaded6534
guilty to aggravated murder, murder, any first or second degree6535
felony, or an offense under an existing or former law of this6536
state, another state, or the United States that is or was6537
substantially equivalent to one of those offenses;6538

       (7) Any offense that is a third degree felony and that is6539
listed in division (DD)(1) of section 2929.01 of the Revised Code6540
if the offender previously was convicted of or pleaded guilty to6541
any offense that is listed in division (DD)(2)(a)(i) or (ii) of6542
section 2929.01 of the Revised Code;6543

       (8) Any offense, other than a violation of section 2923.126544
of the Revised Code, that is a felony, if the offender had a6545
firearm on or about the offender's person or under the offender's6546
control while committing the felony, with respect to a portion of6547
the sentence imposed pursuant to division (D)(1)(a) of section6548
2929.14 of the Revised Code for having the firearm;6549

       (9) Any offense of violence that is a felony, if the6550
offender wore or carried body armor while committing the felony6551
offense of violence, with respect to the portion of the sentence6552
imposed pursuant to division (D)(1)(d) of section 2929.14 of the6553
Revised Code for wearing or carrying the body armor;6554

       (10) Corrupt activity in violation of section 2923.32 of the6555
Revised Code when the most serious offense in the pattern of6556
corrupt activity that is the basis of the offense is a felony of6557
the first degree;6558

       (11) Any sexually violent offense for which the offender6559
also is convicted of or pleads guilty to a sexually violent6560
predator specification that was included in the indictment, count6561
in the indictment, or information charging the sexually violent6562
offense;6563

       (12) A violation of division (A)(1) or (2) of section6564
2921.36 of the Revised Code, or a violation of division (C) of6565
that section involving an item listed in division (A)(1) or (2) of6566
that section, if the offender is an officer or employee of the6567
department of rehabilitation and correction.6568

       (G) Notwithstanding divisions (A) to (E) of this section, if6569
an offender is being sentenced for a fourth degree felony OMVIOVI6570
offense or for a third degree felony OMVIOVI offense, the court6571
shall impose upon the offender a mandatory term of local6572
incarceration or a mandatory prison term in accordance with the6573
following:6574

       (1) If the offender is being sentenced for a fourth degree6575
felony OMVIOVI offense, the court may impose upon the offender a6576
mandatory term of local incarceration of sixty days or one hundred6577
twenty days as specified in division (A)(4)(G)(1)(d) of section6578
4511.994511.19 of the Revised Code or a mandatory term of local6579
incarceration of one hundred twenty days as specified in division6580
(A)(8) of that section. The court shall not reduce the term6581
pursuant to section 2929.20, 2967.193, or any other provision of6582
the Revised Code. The court that imposes a mandatory term of6583
local incarceration under this division shall specify whether the6584
term is to be served in a jail, a community-based correctional6585
facility, a halfway house, or an alternative residential facility,6586
and the offender shall serve the term in the type of facility6587
specified by the court. A mandatory term of local incarceration6588
imposed under division (G)(1) of this section is not subject to6589
extension under section 2967.11 of the Revised Code, to a period6590
of post-release control under section 2967.28 of the Revised Code,6591
or to any other Revised Code provision that pertains to a prison6592
term.6593

       (2) If the offender is being sentenced for a third degree6594
felony OMVIOVI offense, or if the offender is being sentenced for6595
a fourth degree felony OMVIOVI offense and the court does not6596
impose a mandatory term of local incarceration under division6597
(G)(1) of this section, the court shall impose upon the offender a6598
mandatory prison term of sixty days or one hundred twenty days as6599
specified in division (A)(4)(G)(1)(e) of section 4511.994511.196600
of the Revised Code or a mandatory prison term of one hundred6601
twenty days as specified in division (A)(8) of that section. The6602
court shall not reduce the term pursuant to section 2929.20,6603
2967.193, or any other provision of the Revised Code. In no case6604
shall an offender who once has been sentenced to a mandatory term6605
of local incarceration pursuant to division (G)(1) of this section6606
for a fourth degree felony OMVIOVI offense be sentenced to6607
another mandatory term of local incarceration under that division6608
for any violation of division (A) of section 4511.19 of the6609
Revised Code. The court shall not sentence the offender to a6610
community control sanction under section 2929.16 or 2929.17 of the6611
Revised Code. The department of rehabilitation and correction may6612
place an offender sentenced to a mandatory prison term under this6613
division in an intensive program prison established pursuant to6614
section 5120.033 of the Revised Code if the department gave the6615
sentencing judge prior notice of its intent to place the offender6616
in an intensive program prison established under that section and6617
if the judge did not notify the department that the judge6618
disapproved the placement. Upon the establishment of the initial6619
intensive program prison pursuant to section 5120.033 of the6620
Revised Code that is privately operated and managed by a6621
contractor pursuant to a contract entered into under section 9.066622
of the Revised Code, both of the following apply:6623

       (a) The department of rehabilitation and correction shall6624
make a reasonable effort to ensure that a sufficient number of6625
offenders sentenced to a mandatory prison term under this division6626
are placed in the privately operated and managed prison so that6627
the privately operated and managed prison has full occupancy.6628

       (b) Unless the privately operated and managed prison has6629
full occupancy, the department of rehabilitation and correction6630
shall not place any offender sentenced to a mandatory prison term6631
under this division in any intensive program prison established6632
pursuant to section 5120.033 of the Revised Code other than the6633
privately operated and managed prison.6634

       (H) If an offender is being sentenced for a sexually6635
oriented offense committed on or after January 1, 1997, the judge6636
shall require the offender to submit to a DNA specimen collection6637
procedure pursuant to section 2901.07 of the Revised Code if6638
either of the following applies:6639

       (1) The offense was a sexually violent offense, and the6640
offender also was convicted of or pleaded guilty to a sexually6641
violent predator specification that was included in the6642
indictment, count in the indictment, or information charging the6643
sexually violent offense.6644

       (2) The judge imposing sentence for the sexually oriented6645
offense determines pursuant to division (B) of section 2950.09 of6646
the Revised Code that the offender is a sexual predator.6647

       (I) If an offender is being sentenced for a sexually6648
oriented offense committed on or after January 1, 1997, the judge6649
shall include in the sentence a summary of the offender's duty to6650
register pursuant to section 2950.04 of the Revised Code, the6651
offender's duty to provide notice of a change in residence address6652
and register the new residence address pursuant to section 2950.056653
of the Revised Code, the offender's duty to periodically verify6654
the offender's current residence address pursuant to section6655
2950.06 of the Revised Code, and the duration of the duties. The6656
judge shall inform the offender, at the time of sentencing, of6657
those duties and of their duration and, if required under division6658
(A)(2) of section 2950.03 of the Revised Code, shall perform the6659
duties specified in that section.6660

       (J)(1) Except as provided in division (J)(2) of this6661
section, when considering sentencing factors under this section in6662
relation to an offender who is convicted of or pleads guilty to an6663
attempt to commit an offense in violation of section 2923.02 of6664
the Revised Code, the sentencing court shall consider the factors6665
applicable to the felony category of the violation of section6666
2923.02 of the Revised Code instead of the factors applicable to6667
the felony category of the offense attempted.6668

       (2) When considering sentencing factors under this section6669
in relation to an offender who is convicted of or pleads guilty to6670
an attempt to commit a drug abuse offense for which the penalty is6671
determined by the amount or number of unit doses of the controlled6672
substance involved in the drug abuse offense, the sentencing court6673
shall consider the factors applicable to the felony category that6674
the drug abuse offense attempted would be if that drug abuse6675
offense had been committed and had involved an amount or number of6676
unit doses of the controlled substance that is within the next6677
lower range of controlled substance amounts than was involved in6678
the attempt.6679

       (K) As used in this section, "drug abuse offense" has the6680
same meaning as in section 2925.01 of the Revised Code.6681

       Sec. 2929.14.  (A) Except as provided in division (C),6682
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except6683
in relation to an offense for which a sentence of death or life6684
imprisonment is to be imposed, if the court imposing a sentence6685
upon an offender for a felony elects or is required to impose a6686
prison term on the offender pursuant to this chapter and is not6687
prohibited by division (G)(1) of section 2929.13 of the Revised6688
Code from imposing a prison term on the offender, the court shall6689
impose a definite prison term that shall be one of the following:6690

       (1) For a felony of the first degree, the prison term shall6691
be three, four, five, six, seven, eight, nine, or ten years.6692

       (2) For a felony of the second degree, the prison term shall6693
be two, three, four, five, six, seven, or eight years.6694

       (3) For a felony of the third degree, the prison term shall6695
be one, two, three, four, or five years.6696

       (4) For a felony of the fourth degree, the prison term shall6697
be six, seven, eight, nine, ten, eleven, twelve, thirteen,6698
fourteen, fifteen, sixteen, seventeen, or eighteen months.6699

       (5) For a felony of the fifth degree, the prison term shall6700
be six, seven, eight, nine, ten, eleven, or twelve months.6701

       (B) Except as provided in division (C), (D)(1), (D)(2),6702
(D)(3), or (G) of this section, in section 2907.02 of the Revised6703
Code, or in Chapter 2925. of the Revised Code, if the court6704
imposing a sentence upon an offender for a felony elects or is6705
required to impose a prison term on the offender and if the6706
offender previously has not served a prison term, the court shall6707
impose the shortest prison term authorized for the offense6708
pursuant to division (A) of this section, unless the court finds6709
on the record that the shortest prison term will demean the6710
seriousness of the offender's conduct or will not adequately6711
protect the public from future crime by the offender or others.6712

       (C) Except as provided in division (G) of this section or in6713
Chapter 2925. of the Revised Code, the court imposing a sentence6714
upon an offender for a felony may impose the longest prison term6715
authorized for the offense pursuant to division (A) of this6716
section only upon offenders who committed the worst forms of the6717
offense, upon offenders who pose the greatest likelihood of6718
committing future crimes, upon certain major drug offenders under6719
division (D)(3) of this section, and upon certain repeat violent6720
offenders in accordance with division (D)(2) of this section.6721

       (D)(1)(a) Except as provided in division (D)(1)(e) of this6722
section, if an offender who is convicted of or pleads guilty to a6723
felony also is convicted of or pleads guilty to a specification of6724
the type described in section 2941.141, 2941.144, or 2941.145 of6725
the Revised Code, the court shall impose on the offender one of6726
the following prison terms:6727

       (i) A prison term of six years if the specification is of6728
the type described in section 2941.144 of the Revised Code that6729
charges the offender with having a firearm that is an automatic6730
firearm or that was equipped with a firearm muffler or silencer on6731
or about the offender's person or under the offender's control6732
while committing the felony;6733

       (ii) A prison term of three years if the specification is of6734
the type described in section 2941.145 of the Revised Code that6735
charges the offender with having a firearm on or about the6736
offender's person or under the offender's control while committing6737
the offense and displaying the firearm, brandishing the firearm,6738
indicating that the offender possessed the firearm, or using it to6739
facilitate the offense;6740

       (iii) A prison term of one year if the specification is of6741
the type described in section 2941.141 of the Revised Code that6742
charges the offender with having a firearm on or about the6743
offender's person or under the offender's control while committing6744
the felony.6745

       (b) If a court imposes a prison term on an offender under6746
division (D)(1)(a) of this section, the prison term shall not be6747
reduced pursuant to section 2929.20, section 2967.193, or any6748
other provision of Chapter 2967. or Chapter 5120. of the Revised6749
Code. A court shall not impose more than one prison term on an6750
offender under division (D)(1)(a) of this section for felonies6751
committed as part of the same act or transaction.6752

       (c) Except as provided in division (D)(1)(e) of this6753
section, if an offender who is convicted of or pleads guilty to a6754
violation of section 2923.161 of the Revised Code or to a felony6755
that includes, as an essential element, purposely or knowingly6756
causing or attempting to cause the death of or physical harm to6757
another, also is convicted of or pleads guilty to a specification6758
of the type described in section 2941.146 of the Revised Code that6759
charges the offender with committing the offense by discharging a6760
firearm from a motor vehicle other than a manufactured home, the6761
court, after imposing a prison term on the offender for the6762
violation of section 2923.161 of the Revised Code or for the other6763
felony offense under division (A), (D)(2), or (D)(3) of this6764
section, shall impose an additional prison term of five years upon6765
the offender that shall not be reduced pursuant to section6766
2929.20, section 2967.193, or any other provision of Chapter 2967.6767
or Chapter 5120. of the Revised Code. A court shall not impose6768
more than one additional prison term on an offender under division6769
(D)(1)(c) of this section for felonies committed as part of the6770
same act or transaction. If a court imposes an additional prison6771
term on an offender under division (D)(1)(c) of this section6772
relative to an offense, the court also shall impose a prison term6773
under division (D)(1)(a) of this section relative to the same6774
offense, provided the criteria specified in that division for6775
imposing an additional prison term are satisfied relative to the6776
offender and the offense.6777

       (d) If an offender who is convicted of or pleads guilty to6778
an offense of violence that is a felony also is convicted of or6779
pleads guilty to a specification of the type described in section6780
2941.1411 of the Revised Code that charges the offender with6781
wearing or carrying body armor while committing the felony offense6782
of violence, the court shall impose on the offender a prison term6783
of two years. The prison term so imposed shall not be reduced6784
pursuant to section 2929.20, section 2967.193, or any other6785
provision of chapterChapter 2967. or chapterChapter 5120. of the6786
Revised Code. A court shall not impose more than one prison term6787
on an offender under division (D)(1)(d) of this section for6788
felonies committed as part of the same act or transaction. If a6789
court imposes an additional prison term under division (D)(1)(a)6790
or (c) of this section, the court is not precluded from imposing6791
an additional prison term under division (D)(1)(d) of this6792
section.6793

       (e) The court shall not impose any of the prison terms6794
described in division (D)(1)(a) of this section or any of the6795
additional prison terms described in division (D)(1)(c) of this6796
section upon an offender for a violation of section 2923.12 or6797
2923.123 of the Revised Code. The court shall not impose any of6798
the prison terms described in division (D)(1)(a) of this section6799
or any of the additional prison terms described in division6800
(D)(1)(c) of this section upon an offender for a violation of6801
section 2923.13 of the Revised Code unless all of the following6802
apply:6803

       (i) The offender previously has been convicted of aggravated6804
murder, murder, or any felony of the first or second degree.6805

       (ii) Less than five years have passed since the offender was6806
released from prison or post-release control, whichever is later,6807
for the prior offense.6808

       (2)(a) If an offender who is convicted of or pleads guilty6809
to a felony also is convicted of or pleads guilty to a6810
specification of the type described in section 2941.149 of the6811
Revised Code that the offender is a repeat violent offender, the6812
court shall impose a prison term from the range of terms6813
authorized for the offense under division (A) of this section that6814
may be the longest term in the range and that shall not be reduced6815
pursuant to section 2929.20, section 2967.193, or any other6816
provision of Chapter 2967. or Chapter 5120. of the Revised Code.6817
If the court finds that the repeat violent offender, in committing6818
the offense, caused any physical harm that carried a substantial6819
risk of death to a person or that involved substantial permanent6820
incapacity or substantial permanent disfigurement of a person, the6821
court shall impose the longest prison term from the range of terms6822
authorized for the offense under division (A) of this section.6823

       (b) If the court imposing a prison term on a repeat violent6824
offender imposes the longest prison term from the range of terms6825
authorized for the offense under division (A) of this section, the6826
court may impose on the offender an additional definite prison6827
term of one, two, three, four, five, six, seven, eight, nine, or6828
ten years if the court finds that both of the following apply with6829
respect to the prison terms imposed on the offender pursuant to6830
division (D)(2)(a) of this section and, if applicable, divisions6831
(D)(1) and (3) of this section:6832

       (i) The terms so imposed are inadequate to punish the6833
offender and protect the public from future crime, because the6834
applicable factors under section 2929.12 of the Revised Code6835
indicating a greater likelihood of recidivism outweigh the6836
applicable factors under that section indicating a lesser6837
likelihood of recidivism.6838

       (ii) The terms so imposed are demeaning to the seriousness6839
of the offense, because one or more of the factors under section6840
2929.12 of the Revised Code indicating that the offender's conduct6841
is more serious than conduct normally constituting the offense are6842
present, and they outweigh the applicable factors under that6843
section indicating that the offender's conduct is less serious6844
than conduct normally constituting the offense.6845

       (3)(a) Except when an offender commits a violation of6846
section 2903.01 or 2907.02 of the Revised Code and the penalty6847
imposed for the violation is life imprisonment or commits a6848
violation of section 2903.02 of the Revised Code, if the offender6849
commits a violation of section 2925.03 or 2925.11 of the Revised6850
Code and that section classifies the offender as a major drug6851
offender and requires the imposition of a ten-year prison term on6852
the offender, if the offender commits a felony violation of6853
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,6854
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of6855
section 3719.172, division (C) of section 4729.51, or division (J)6856
of section 4729.54 of the Revised Code that includes the sale,6857
offer to sell, or possession of a schedule I or II controlled6858
substance, with the exception of marihuana, and the court imposing6859
sentence upon the offender finds that the offender is guilty of a6860
specification of the type described in section 2941.1410 of the6861
Revised Code charging that the offender is a major drug offender,6862
or if the court imposing sentence upon an offender for a felony6863
finds that the offender is guilty of corrupt activity with the6864
most serious offense in the pattern of corrupt activity being a6865
felony of the first degree or is guilty of an attempted forcible6866
violation of section 2907.02 of the Revised Code with the victim6867
being under thirteen years of age and that attempted violation is6868
the felony for which sentence is being imposed, the court shall6869
impose upon the offender for the felony violation a ten-year6870
prison term that cannot be reduced pursuant to section 2929.20 or6871
Chapter 2967. or 5120. of the Revised Code.6872

       (b) The court imposing a prison term on an offender under6873
division (D)(3)(a) of this section may impose an additional prison6874
term of one, two, three, four, five, six, seven, eight, nine, or6875
ten years, if the court, with respect to the term imposed under6876
division (D)(3)(a) of this section and, if applicable, divisions6877
(D)(1) and (2) of this section, makes both of the findings set6878
forth in divisions (D)(2)(b)(i) and (ii) of this section.6879

       (4) If the offender is being sentenced for a third or fourth6880
degree felony OMVIOVI offense under division (G)(2) of section6881
2929.13 of the Revised Code, the sentencing court shall impose6882
upon the offender a mandatory prison term in accordance with that6883
division. In addition to the mandatory prison term, if the6884
offender is being sentenced for a fourth degree felony OVI6885
offense, the court, notwithstanding division (A)(4) of this6886
section, may sentence the offender to a definite prison term of6887
not less than six months and not more than thirty months, and if6888
the offender is being sentenced for a third degree felony OVI6889
offense, the sentencing court may sentence the offender to an6890
additional prison term of any duration specified in division6891
(A)(3) of this section minus. In either case, the additional6892
prison term imposed shall be reduced by the sixty or one hundred6893
twenty days imposed upon the offender as the mandatory prison6894
term. The total of the additional prison term imposed under6895
division (D)(4) of this section plus the sixty or one hundred6896
twenty days imposed as the mandatory prison term shall equal a6897
definite term in the range of six months to thirty months for a6898
fourth degree felony OVI offense and shall equal one of the6899
authorized prison terms specified in division (A)(3) of this6900
section for a third degree felony OVI offense. If the court6901
imposes an additional prison term under division (D)(4) of this6902
section, the offender shall serve the additional prison term after6903
the offender has served the mandatory prison term required for the6904
offense. The court shall not sentence the offender to a community6905
control sanction under section 2929.16 or 2929.17 of the Revised6906
Code.6907

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if6908
a mandatory prison term is imposed upon an offender pursuant to6909
division (D)(1)(a) of this section for having a firearm on or6910
about the offender's person or under the offender's control while6911
committing a felony, if a mandatory prison term is imposed upon an6912
offender pursuant to division (D)(1)(c) of this section for6913
committing a felony specified in that division by discharging a6914
firearm from a motor vehicle, or if both types of mandatory prison6915
terms are imposed, the offender shall serve any mandatory prison6916
term imposed under either division consecutively to any other6917
mandatory prison term imposed under either division or under6918
division (D)(1)(d) of this section, consecutively to and prior to6919
any prison term imposed for the underlying felony pursuant to6920
division (A), (D)(2), or (D)(3) of this section or any other6921
section of the Revised Code, and consecutively to any other prison6922
term or mandatory prison term previously or subsequently imposed6923
upon the offender.6924

       (b) If a mandatory prison term is imposed upon an offender6925
pursuant to division (D)(1)(d) of this section for wearing or6926
carrying body armor while committing an offense of violence that6927
is a felony, the offender shall serve the mandatory term so6928
imposed consecutively to any other mandatory prison term imposed6929
under that division or under division (D)(1)(a) or (c) of this6930
section, consecutively to and prior to any prison term imposed for6931
the underlying felony under division (A), (D)(2), or (D)(3) of6932
this section or any other section of the Revised Code, and6933
consecutively to any other prison term or mandatory prison term6934
previously or subsequently imposed upon the offender.6935

       (2) If an offender who is an inmate in a jail, prison, or6936
other residential detention facility violates section 2917.02,6937
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender6938
who is under detention at a detention facility commits a felony6939
violation of section 2923.131 of the Revised Code, or if an6940
offender who is an inmate in a jail, prison, or other residential6941
detention facility or is under detention at a detention facility6942
commits another felony while the offender is an escapee in6943
violation of section 2921.34 of the Revised Code, any prison term6944
imposed upon the offender for one of those violations shall be6945
served by the offender consecutively to the prison term or term of6946
imprisonment the offender was serving when the offender committed6947
that offense and to any other prison term previously or6948
subsequently imposed upon the offender.6949

       (3) If a prison term is imposed for a violation of division6950
(B) of section 2911.01 of the Revised Code or if a prison term is6951
imposed for a felony violation of division (B) of section 2921.3316952
of the Revised Code, the offender shall serve that prison term6953
consecutively to any other prison term or mandatory prison term6954
previously or subsequently imposed upon the offender.6955

       (4) If multiple prison terms are imposed on an offender for6956
convictions of multiple offenses, the court may require the6957
offender to serve the prison terms consecutively if the court6958
finds that the consecutive service is necessary to protect the6959
public from future crime or to punish the offender and that6960
consecutive sentences are not disproportionate to the seriousness6961
of the offender's conduct and to the danger the offender poses to6962
the public, and if the court also finds any of the following:6963

       (a) The offender committed the multiple offenses while the6964
offender was awaiting trial or sentencing, was under a sanction6965
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the6966
Revised Code, or was under post-release control for a prior6967
offense.6968

       (b) The harm caused by the multiple offenses was so great or6969
unusual that no single prison term for any of the offenses6970
committed as part of a single course of conduct adequately6971
reflects the seriousness of the offender's conduct.6972

       (c) The offender's history of criminal conduct demonstrates6973
that consecutive sentences are necessary to protect the public6974
from future crime by the offender.6975

       (5) When consecutive prison terms are imposed pursuant to6976
division (E)(1), (2), (3), or (4) of this section, the term to be6977
served is the aggregate of all of the terms so imposed.6978

       (F) If a court imposes a prison term of a type described in6979
division (B) of section 2967.28 of the Revised Code, it shall6980
include in the sentence a requirement that the offender be subject6981
to a period of post-release control after the offender's release6982
from imprisonment, in accordance with that division. If a court6983
imposes a prison term of a type described in division (C) of that6984
section, it shall include in the sentence a requirement that the6985
offender be subject to a period of post-release control after the6986
offender's release from imprisonment, in accordance with that6987
division, if the parole board determines that a period of6988
post-release control is necessary.6989

       (G) If a person is convicted of or pleads guilty to a6990
sexually violent offense and also is convicted of or pleads guilty6991
to a sexually violent predator specification that was included in6992
the indictment, count in the indictment, or information charging6993
that offense, the court shall impose sentence upon the offender in6994
accordance with section 2971.03 of the Revised Code, and Chapter6995
2971. of the Revised Code applies regarding the prison term or6996
term of life imprisonment without parole imposed upon the offender6997
and the service of that term of imprisonment.6998

       (H) If a person who has been convicted of or pleaded guilty6999
to a felony is sentenced to a prison term or term of imprisonment7000
under this section, sections 2929.02 to 2929.06 of the Revised7001
Code, section 2971.03 of the Revised Code, or any other provision7002
of law, section 5120.163 of the Revised Code applies regarding the7003
person while the person is confined in a state correctional7004
institution.7005

       (I) If an offender who is convicted of or pleads guilty to a7006
felony that is an offense of violence also is convicted of or7007
pleads guilty to a specification of the type described in section7008
2941.142 of the Revised Code that charges the offender with having7009
committed the felony while participating in a criminal gang, the7010
court shall impose upon the offender an additional prison term of7011
one, two, or three years.7012

       (J) If an offender who is convicted of or pleads guilty to7013
aggravated murder, murder, or a felony of the first, second, or7014
third degree that is an offense of violence also is convicted of7015
or pleads guilty to a specification of the type described in7016
section 2941.143 of the Revised Code that charges the offender7017
with having committed the offense in a school safety zone or7018
towards a person in a school safety zone, the court shall impose7019
upon the offender an additional prison term of two years. The7020
offender shall serve the additional two years consecutively to and7021
prior to the prison term imposed for the underlying offense.7022

       (K) At the time of sentencing, the court shall determine if7023
an offender is eligible for placement in a program of shock7024
incarceration under section 5120.031 of the Revised Code or is7025
eligible for placement in an intensive program prison under7026
section 5120.032 of the Revised Code. The court may recommend the7027
offender for placement in a program of shock incarceration, if7028
eligible, or for placement in an intensive program prison, if7029
eligible, disapprove placement of the offender in a program of7030
shock incarceration or in an intensive program prison, regardless7031
of eligibility, or make no recommendation on placement of the7032
offender.7033

       If the court disapproves placement of the offender in a7034
program or prison of that nature, the department of rehabilitation7035
and correction shall not place the offender in any program of7036
shock incarceration or intensive program prison.7037

       If the court approves placement of the offender in a program7038
of shock incarceration or in an intensive program prison, the7039
department shall notify the court if the offender is subsequently7040
placed in the recommended program or prison and shall include with7041
the notice a brief description of the placement.7042

       If the court approves placement of the offender in a program7043
of shock incarceration or in an intensive program prison and the7044
department does not subsequently place the offender in the7045
recommended program or prison, the department shall send a notice7046
to the court indicating why the offender was not placed in the7047
recommended program or prison.7048

       If the court does not make a recommendation under this7049
division with respect to an eligible offender, the department7050
shall screen the offender and determine if there is an available7051
program of shock incarceration or an intensive program prison for7052
which the offender is suited. If there is an available program of7053
shock incarceration or an intensive program prison for which the7054
offender is suited, the department shall notify the court of the7055
proposed placement of the offender and shall include with the7056
notice a brief description of the placement. The court shall have7057
ten days from receipt of the notice to disapprove the placement.7058

       Sec. 2929.15.  (A)(1) If in sentencing an offender for a7059
felony the court is not required to impose a prison term, a7060
mandatory prison term, or a term of life imprisonment upon the7061
offender, the court may directly impose a sentence that consists7062
of one or more community control sanctions authorized pursuant to7063
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the7064
court is sentencing an offender for a fourth degree felony OMVI7065
OVI offense under division (G)(1) of section 2929.13 of the7066
Revised Code, in addition to the mandatory term of local7067
incarceration imposed under that division and the mandatory fine7068
required by division (B)(3) of section 2929.18 of the Revised7069
Code, the court may impose upon the offender a community control7070
sanction or combination of community control sanctions in7071
accordance with sections 2929.16 and 2929.17 of the Revised Code. 7072
The duration of all community control sanctions imposed upon an7073
offender under this division shall not exceed five years. If the7074
offender absconds or otherwise leaves the jurisdiction of the7075
court in which the offender resides without obtaining permission7076
from the court or the offender's probation officer to leave the7077
jurisdiction of the court, or if the offender is confined in any7078
institution for the commission of any offense while under a7079
community control sanction, the period of the community control7080
sanction ceases to run until the offender is brought before the7081
court for its further action. If the court sentences the offender7082
to one or more nonresidential sanctions under section 2929.17 of7083
the Revised Code, the court shall impose as a condition of the7084
nonresidential sanctions that, during the period of the sanctions,7085
the offender must abide by the law and must not leave the state7086
without the permission of the court or the offender's probation7087
officer. The court may impose any other conditions of release7088
under a community control sanction that the court considers7089
appropriate, including, but not limited to, requiring that the7090
offender not ingest or be injected with a drug of abuse and submit7091
to random drug testing as provided in division (D) of this section7092
to determine whether the offender ingested or was injected with a7093
drug of abuse and requiring that the results of the drug test7094
indicate that the offender did not ingest or was not injected with7095
a drug of abuse. If the court is sentencing an offender for a7096
third or fourth degree felony OMVIOVI offense under division7097
(G)(2) of section 2929.13 of the Revised Code, the court shall not7098
impose upon the offender any community control sanction or7099
combination of community control sanctions under section 2929.167100
or 2929.17 of the Revised Code.7101

       (2)(a) If a court sentences an offender to any community7102
control sanction or combination of community control sanctions7103
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the7104
Revised Code, the court shall place the offender under the general7105
control and supervision of a department of probation in the county7106
that serves the court for purposes of reporting to the court a7107
violation of any condition of the sanctions, any condition of7108
release under a community control sanction imposed by the court, a7109
violation of law, or the departure of the offender from this state7110
without the permission of the court or the offender's probation7111
officer. Alternatively, if the offender resides in another county7112
and a county department of probation has been established in that7113
county or that county is served by a multicounty probation7114
department established under section 2301.27 of the Revised Code,7115
the court may request the court of common pleas of that county to7116
receive the offender into the general control and supervision of7117
that county or multicounty department of probation for purposes of7118
reporting to the court a violation of any condition of the7119
sanctions,, any condition of release under a community control7120
sanction imposed by the court, a violation of law, or the7121
departure of the offender from this state without the permission7122
of the court or the offender's probation officer, subject to the7123
jurisdiction of the trial judge over and with respect to the7124
person of the offender, and to the rules governing that department7125
of probation.7126

       If there is no department of probation in the county that7127
serves the court, the court shall place the offender, regardless7128
of the offender's county of residence, under the general control7129
and supervision of the adult parole authority for purposes of7130
reporting to the court a violation of any of the sanctions, any7131
condition of release under a community control sanction imposed by7132
the court, a violation of law, or the departure of the offender7133
from this state without the permission of the court or the7134
offender's probation officer.7135

       (b) If the court imposing sentence upon an offender7136
sentences the offender to any community control sanction or7137
combination of community control sanctions authorized pursuant to7138
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if7139
the offender violates any condition of the sanctions, any7140
condition of release under a community control sanction imposed by7141
the court, violates any law, or departs the state without the7142
permission of the court or the offender's probation officer, the7143
public or private person or entity that operates or administers7144
the sanction or the program or activity that comprises the7145
sanction shall report the violation or departure directly to the7146
sentencing court, or shall report the violation or departure to7147
the county or multicounty department of probation with general7148
control and supervision over the offender under division (A)(2)(a)7149
of this section or the officer of that department who supervises7150
the offender, or, if there is no such department with general7151
control and supervision over the offender under that division, to7152
the adult parole authority. If the public or private person or7153
entity that operates or administers the sanction or the program or7154
activity that comprises the sanction reports the violation or7155
departure to the county or multicounty department of probation or7156
the adult parole authority, the department's or authority's7157
officers may treat the offender as if the offender were on7158
probation and in violation of the probation, and shall report the7159
violation of the condition of the sanction, any condition of7160
release under a community control sanction imposed by the court,7161
the violation of law, or the departure from the state without the7162
required permission to the sentencing court.7163

       (B) If the conditions of a community control sanction are7164
violated or if the offender violates a law or leaves the state7165
without the permission of the court or the offender's probation7166
officer, the sentencing court may impose a longer time under the7167
same sanction if the total time under the sanctions does not7168
exceed the five-year limit specified in division (A) of this7169
section, may impose a more restrictive sanction under section7170
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a7171
prison term on the offender pursuant to section 2929.14 of the7172
Revised Code. The prison term, if any, imposed upon a violator7173
pursuant to this division shall be within the range of prison7174
terms available for the offense for which the sanction that was7175
violated was imposed and shall not exceed the prison term7176
specified in the notice provided to the offender at the sentencing7177
hearing pursuant to division (B)(3) of section 2929.19 of the7178
Revised Code. The court may reduce the longer period of time that7179
the offender is required to spend under the longer sanction, the7180
more restrictive sanction, or a prison term imposed pursuant to7181
this division by the time the offender successfully spent under7182
the sanction that was initially imposed.7183

       (C) If an offender, for a significant period of time,7184
fulfills the conditions of a sanction imposed pursuant to section7185
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary7186
manner, the court may reduce the period of time under the sanction7187
or impose a less restrictive sanction, but the court shall not7188
permit the offender to violate any law or permit the offender to7189
leave the state without the permission of the court or the7190
offender's probation officer.7191

       (D)(1) If a court under division (A)(1) of this section7192
imposes a condition of release under a community control sanction7193
that requires the offender to submit to random drug testing, the7194
department of probation or the adult parole authority that has7195
general control and supervision of the offender under division7196
(A)(2)(a) of this section may cause the offender to submit to7197
random drug testing performed by a laboratory or entity that has7198
entered into a contract with any of the governmental entities or7199
officers authorized to enter into a contract with that laboratory7200
or entity under section 341.26, 753.33, or 5120.63 of the Revised7201
Code.7202

       (2) If no laboratory or entity described in division (D)(1)7203
of this section has entered into a contract as specified in that7204
division, the department of probation or the adult parole7205
authority that has general control and supervision of the offender7206
under division (A)(2)(a) of this section shall cause the offender7207
to submit to random drug testing performed by a reputable public7208
laboratory to determine whether the individual who is the subject7209
of the drug test ingested or was injected with a drug of abuse.7210

       (3) A laboratory or entity that has entered into a contract7211
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code7212
shall perform the random drug tests under division (D)(1) of this7213
section in accordance with the applicable standards that are7214
included in the terms of that contract. A public laboratory shall7215
perform the random drug tests under division (D)(2) of this7216
section in accordance with the standards set forth in the policies7217
and procedures established by the department of rehabilitation and7218
correction pursuant to section 5120.63 of the Revised Code. An7219
offender who is required under division (A)(1) of this section to7220
submit to random drug testing as a condition of release under a7221
community control sanction and whose test results indicate that7222
the offender ingested or was injected with a drug of abuse shall7223
pay the fee for the drug test if the department of probation or7224
the adult parole authority that has general control and7225
supervision of the offender requires payment of a fee. A7226
laboratory or entity that performs the random drug testing on an7227
offender under division (D)(1) or (2) of this section shall7228
transmit the results of the drug test to the appropriate7229
department of probation or the adult parole authority that has7230
general control and supervision of the offender under division7231
(A)(2)(a) of this section.7232

       Sec. 2929.16.  (A) The court imposing a sentence for a7233
felony upon an offender who is not required to serve a mandatory7234
prison term may impose any community residential sanction or7235
combination of community residential sanctions under this section.7236
The court imposing a sentence for a fourth degree felony OMVIOVI7237
offense under division (G)(1) of section 2929.13 of the Revised7238
Code may impose upon the offender, in addition to the mandatory7239
term of local incarceration imposed under that division, a7240
community residential sanction or combination of community7241
residential sanctions under this section, and the offender shall7242
serve or satisfy the sanction or combination of sanctions after7243
the offender has served the mandatory term of local incarceration7244
required for the offense. Community residential sanctions7245
include, but are not limited to, the following:7246

       (1) A term of up to six months at a community-based7247
correctional facility that serves the county;7248

       (2) Except as otherwise provided in division (A)(3) of this7249
section and subject to division (D) of this section, a term of up7250
to six months in a jail;7251

       (3) If the offender is convicted of a fourth degree felony7252
OMVIOVI offense and is sentenced under division (G)(1) of section7253
2929.13 of the Revised Code, subject to division (D) of this7254
section, a term of up to one year in a jail less the mandatory7255
term of local incarceration of sixty or one hundred twenty7256
consecutive days of imprisonment imposed pursuant to that7257
division;7258

       (4) A term in a halfway house;7259

       (5) A term in an alternative residential facility.7260

       (B) The court that assigns any offender convicted of a7261
felony to a residential sanction under this section may authorize7262
the offender to be released so that the offender may seek or7263
maintain employment, receive education or training, or receive7264
treatment. A release pursuant to this division shall be only for7265
the duration of time that is needed to fulfill the purpose of the7266
release and for travel that reasonably is necessary to fulfill the7267
purposes of the release.7268

       (C) If the court assigns an offender to a county jail that7269
is not a minimum security misdemeanant jail in a county that has7270
established a county jail industry program pursuant to section7271
5147.30 of the Revised Code, the court shall specify, as part of7272
the sentence, whether the sheriff of that county may consider the7273
offender for participation in the county jail industry program.7274
During the offender's term in the county jail, the court shall7275
retain jurisdiction to modify its specification upon a7276
reassessment of the offender's qualifications for participation in7277
the program.7278

       (D) If a court sentences an offender to a term in jail under7279
division (A)(2) or (3) of this section and if the sentence is7280
imposed for a felony of the fourth or fifth degree that is not an7281
offense of violence, the court may specify that it prefers that7282
the offender serve the term in a minimum security jail established7283
under section 341.34 or 753.21 of the Revised Code. If the court7284
includes a specification of that type in the sentence and if the7285
administrator of the appropriate minimum security jail or the7286
designee of that administrator classifies the offender in7287
accordance with section 341.34 or 753.21 of the Revised Code as a7288
minimal security risk, the offender shall serve the term in the7289
minimum security jail established under section 341.34 or 753.217290
of the Revised Code. Absent a specification of that type and a7291
finding of that type, the offender shall serve the term in a jail7292
other than a minimum security jail established under section7293
341.34 or 753.21 of the Revised Code.7294

       (E) If a person who has been convicted of or pleaded guilty7295
to a felony is sentenced to a community residential sanction as7296
described in division (A) of this section, at the time of7297
reception and at other times the person in charge of the operation7298
of the community-based correctional facility, jail, halfway house,7299
alternative residential facility, or other place at which the7300
offender will serve the residential sanction determines to be7301
appropriate, the person in charge of the operation of the7302
community-based correctional facility, jail, halfway house,7303
alternative residential facility, or other place may cause the7304
convicted offender to be examined and tested for tuberculosis, HIV7305
infection, hepatitis, including but not limited to hepatitis A, B,7306
and C, and other contagious diseases. The person in charge of the7307
operation of the community-based correctional facility, jail,7308
halfway house, alternative residential facility, or other place at7309
which the offender will serve the residential sanction may cause a7310
convicted offender in the community-based correctional facility,7311
jail, halfway house, alternative residential facility, or other7312
place who refuses to be tested or treated for tuberculosis, HIV7313
infection, hepatitis, including but not limited to hepatitis A, B,7314
and C, or another contagious disease to be tested and treated7315
involuntarily.7316

       Sec. 2929.17.  The court imposing a sentence for a felony7317
upon an offender who is not required to serve a mandatory prison7318
term may impose any nonresidential sanction or combination of7319
nonresidential sanctions authorized under this section. If the7320
court imposes one or more nonresidential sanctions authorized7321
under this section, the court shall impose as a condition of the7322
sanction that, during the period of the nonresidential sanction,7323
the offender shall abide by the law and shall not leave the state7324
without the permission of the court or the offender's probation7325
officer.7326

       The court imposing a sentence for a fourth degree felony OMVI7327
OVI offense under division (G)(1) of section 2929.13 of the7328
Revised Code may impose upon the offender, in addition to the7329
mandatory term of local incarceration imposed under that division,7330
a nonresidential sanction or combination of nonresidential7331
sanctions under this section, and the offender shall serve or7332
satisfy the sanction or combination of sanctions after the7333
offender has served the mandatory term of local incarceration7334
required for the offense. Nonresidential sanctions include, but7335
are not limited to, the following:7336

       (A) A term of day reporting;7337

       (B) A term of electronically monitored house arrest, a term7338
of electronic monitoring without house arrest, or a term of house7339
arrest without electronic monitoring;7340

       (C) A term of community service of up to five hundred hours7341
pursuant to division (F) of section 2951.02 of the Revised Code7342
or, if the court determines that the offender is financially7343
incapable of fulfilling a financial sanction described in section7344
2929.18 of the Revised Code, a term of community service as an7345
alternative to a financial sanction;7346

       (D) A term in a drug treatment program with a level of7347
security for the offender as determined necessary by the court;7348

       (E) A term of intensive probation supervision;7349

       (F) A term of basic probation supervision;7350

       (G) A term of monitored time;7351

       (H) A term of drug and alcohol use monitoring, including7352
random drug testing pursuant to section 2951.05 of the Revised7353
Code;7354

       (I) A curfew term;7355

       (J) A requirement that the offender obtain employment;7356

       (K) A requirement that the offender obtain education or7357
training;7358

       (L) Provided the court obtains the prior approval of the7359
victim, a requirement that the offender participate in7360
victim-offender mediation;7361

       (M) A license violation report;7362

       (N) If the offense is a violation of section 2919.25 or a7363
violation of section 2903.11, 2903.12, or 2903.13 of the Revised7364
Code involving a person who was a family or household member at7365
the time of the violation, if the offender committed the offense7366
in the vicinity of one or more children who are not victims of the7367
offense, and if the offender or the victim of the offense is a7368
parent, guardian, custodian, or person in loco parentis of one or7369
more of those children, a requirement that the offender obtain7370
counseling. This division does not limit the court in requiring7371
the offender to obtain counseling for any offense or in any7372
circumstance not specified in this division.7373

       Sec. 2929.18.  (A) Except as otherwise provided in this7374
division and in addition to imposing court costs pursuant to7375
section 2947.23 of the Revised Code, the court imposing a sentence7376
upon an offender for a felony may sentence the offender to any7377
financial sanction or combination of financial sanctions7378
authorized under this section or, in the circumstances specified7379
in section 2929.25 of the Revised Code, may impose upon the7380
offender a fine in accordance with that section. If the offender7381
is sentenced to a sanction of confinement pursuant to section7382
2929.14 or 2929.16 of the Revised Code that is to be served in a7383
facility operated by a board of county commissioners, a7384
legislative authority of a municipal corporation, or another7385
governmental entity, the court imposing sentence upon an offender7386
for a felony shall comply with division (A)(4)(b) of this section7387
in determining whether to sentence the offender to a financial7388
sanction described in division (A)(4)(a) of this section.7389
Financial sanctions that may be imposed pursuant to this section7390
include, but are not limited to, the following:7391

       (1) Restitution by the offender to the victim of the7392
offender's crime or any survivor of the victim, in an amount based7393
on the victim's economic loss. The court shall order that the7394
restitution be made to the adult probation department that serves7395
the county on behalf of the victim, to the clerk of courts, or to7396
another agency designated by the court, except that it may include7397
a requirement that reimbursement be made to third parties for7398
amounts paid to or on behalf of the victim or any survivor of the7399
victim for economic loss resulting from the offense. If7400
reimbursement to third parties is required, the reimbursement7401
shall be made to any governmental agency to repay any amounts paid7402
by the agency to or on behalf of the victim or any survivor of the7403
victim for economic loss resulting from the offense before any7404
reimbursement is made to any person other than a governmental7405
agency. If no governmental agency incurred expenses for economic7406
loss of the victim or any survivor of the victim resulting from7407
the offense, the reimbursement shall be made to any person other7408
than a governmental agency to repay amounts paid by that person to7409
or on behalf of the victim or any survivor of the victim for7410
economic loss of the victim resulting from the offense. The court7411
shall not require an offender to repay an insurance company for7412
any amounts the company paid on behalf of the offender pursuant to7413
a policy of insurance. At sentencing, the court shall determine7414
the amount of restitution to be made by the offender. All7415
restitution payments shall be credited against any recovery of7416
economic loss in a civil action brought by the victim or any7417
survivor of the victim against the offender.7418

       (2) Except as provided in division (B)(1), (3), or (4) of7419
this section, a fine payable by the offender to the state, to a7420
political subdivision, or as described in division (B)(2) of this7421
section to one or more law enforcement agencies, with the amount7422
of the fine based on a standard percentage of the offender's daily7423
income over a period of time determined by the court and based7424
upon the seriousness of the offense. A fine ordered under this7425
division shall not exceed the statutory fine amount authorized for7426
the level of the offense under division (A)(3) of this section.7427

       (3) Except as provided in division (B)(1), (3), or (4) of7428
this section, a fine payable by the offender to the state, to a7429
political subdivision when appropriate for a felony, or as7430
described in division (B)(2) of this section to one or more law7431
enforcement agencies, in the following amount:7432

       (a) For a felony of the first degree, not more than twenty7433
thousand dollars;7434

       (b) For a felony of the second degree, not more than fifteen7435
thousand dollars;7436

       (c) For a felony of the third degree, not more than ten7437
thousand dollars;7438

       (d) For a felony of the fourth degree, not more than five7439
thousand dollars;7440

       (e) For a felony of the fifth degree, not more than two7441
thousand five hundred dollars.7442

       (4)(a) Subject to division (A)(4)(b) of this section,7443
reimbursement by the offender of any or all of the costs of7444
sanctions incurred by the government, including the following:7445

       (i) All or part of the costs of implementing any community7446
control sanction;7447

       (ii) All or part of the costs of confinement under a7448
sanction imposed pursuant to section 2929.14 or 2929.16 of the7449
Revised Code, provided that the amount of reimbursement ordered7450
under this division shall not exceed the total amount of7451
reimbursement the offender is able to pay as determined at a7452
hearing and shall not exceed the actual cost of the confinement;7453

       (b) If the offender is sentenced to a sanction of7454
confinement pursuant to section 2929.14 or 2929.16 of the Revised7455
Code that is to be served in a facility operated by a board of7456
county commissioners, a legislative authority of a municipal7457
corporation, or another local governmental entity, one of the7458
following applies:7459

       (i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,7460
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code,7461
the board, legislative authority, or other local governmental7462
entity requires prisoners convicted of an offense other than a7463
minor misdemeanor to reimburse the county, municipal corporation,7464
or other entity for its expenses incurred by reason of the7465
prisoner's confinement, the court shall impose a financial7466
sanction under division (A)(4)(a) of this section that requires7467
the offender to reimburse the county, municipal corporation, or7468
other local governmental entity for the cost of the confinement.7469
In addition, the court may impose any other financial sanction7470
under this section.7471

       (ii) If, pursuant to any section identified in division7472
(A)(4)(b)(i) of this section, the board, legislative authority, or7473
other local governmental entity has adopted a resolution or7474
ordinance specifying that prisoners convicted of felonies are not7475
required to reimburse the county, municipal corporation, or other7476
local governmental entity for its expenses incurred by reason of7477
the prisoner's confinement, the court shall not impose a financial7478
sanction under division (A)(4)(a) of this section that requires7479
the offender to reimburse the county, municipal corporation, or7480
other local governmental entity for the cost of the confinement,7481
but the court may impose any other financial sanction under this7482
section.7483

       (iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of7484
this section applies, the court may impose, but is not required to7485
impose, any financial sanction under this section.7486

       (c) Reimbursement by the offender for costs pursuant to7487
section 2929.28 of the Revised Code.7488

       (B)(1) For a first, second, or third degree felony violation7489
of any provision of Chapter 2925., 3719., or 4729. of the Revised7490
Code, the sentencing court shall impose upon the offender a7491
mandatory fine of at least one-half of, but not more than, the7492
maximum statutory fine amount authorized for the level of the7493
offense pursuant to division (A)(3) of this section. If an7494
offender alleges in an affidavit filed with the court prior to7495
sentencing that the offender is indigent and unable to pay the7496
mandatory fine and if the court determines the offender is an7497
indigent person and is unable to pay the mandatory fine described7498
in this division, the court shall not impose the mandatory fine7499
upon the offender.7500

       (2) Any mandatory fine imposed upon an offender under7501
division (B)(1) of this section and any fine imposed upon an7502
offender under division (A)(2) or (3) of this section for any7503
fourth or fifth degree felony violation of any provision of7504
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid7505
to law enforcement agencies pursuant to division (F) of section7506
2925.03 of the Revised Code.7507

       (3) For a fourth degree felony OMVIOVI offense and for a7508
third degree felony OMVIOVI offense, the sentencing court shall7509
impose upon the offender a mandatory fine in the amount specified7510
in division (A)(4)(G)(1)(d) or (8)(e) of section 4511.994511.197511
of the Revised Code, whichever is applicable. The mandatory fine7512
so imposed shall be disbursed as provided in the division (A)(4)7513
or (8) of section 4511.99 of the Revised Codepursuant to which it7514
is imposed.7515

       (4) Notwithstanding any fine otherwise authorized or7516
required to be imposed under division (A)(2) or (3) or (B)(1) of7517
this section or section 2929.31 of the Revised Code for a7518
violation of section 2925.03 of the Revised Code, in addition to7519
any penalty or sanction imposed for that offense under section7520
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in7521
addition to the forfeiture of property in connection with the7522
offense as prescribed in sections 2925.42 to 2925.45 of the7523
Revised Code, the court that sentences an offender for a violation7524
of section 2925.03 of the Revised Code may impose upon the7525
offender a fine in addition to any fine imposed under division7526
(A)(2) or (3) of this section and in addition to any mandatory7527
fine imposed under division (B)(1) of this section. The fine7528
imposed under division (B)(4) of this section shall be used as7529
provided in division (H) of section 2925.03 of the Revised Code. A7530
fine imposed under division (B)(4) of this section shall not7531
exceed whichever of the following is applicable:7532

       (a) The total value of any personal or real property in7533
which the offender has an interest and that was used in the course7534
of, intended for use in the course of, derived from, or realized7535
through conduct in violation of section 2925.03 of the Revised7536
Code, including any property that constitutes proceeds derived7537
from that offense;7538

       (b) If the offender has no interest in any property of the7539
type described in division (B)(4)(a) of this section or if it is7540
not possible to ascertain whether the offender has an interest in7541
any property of that type in which the offender may have an7542
interest, the amount of the mandatory fine for the offense imposed7543
under division (B)(1) of this section or, if no mandatory fine is7544
imposed under division (B)(1) of this section, the amount of the7545
fine authorized for the level of the offense imposed under7546
division (A)(3) of this section.7547

       (5) Prior to imposing a fine under division (B)(4) of this7548
section, the court shall determine whether the offender has an7549
interest in any property of the type described in division7550
(B)(4)(a) of this section. Except as provided in division (B)(6)7551
or (7) of this section, a fine that is authorized and imposed7552
under division (B)(4) of this section does not limit or affect the7553
imposition of the penalties and sanctions for a violation of7554
section 2925.03 of the Revised Code prescribed under those7555
sections or sections 2929.11 to 2929.18 of the Revised Code and7556
does not limit or affect a forfeiture of property in connection7557
with the offense as prescribed in sections 2925.42 to 2925.45 of7558
the Revised Code.7559

       (6) If the sum total of a mandatory fine amount imposed for7560
a first, second, or third degree felony violation of section7561
2925.03 of the Revised Code under division (B)(1) of this section7562
plus the amount of any fine imposed under division (B)(4) of this7563
section does not exceed the maximum statutory fine amount7564
authorized for the level of the offense under division (A)(3) of7565
this section or section 2929.31 of the Revised Code, the court may7566
impose a fine for the offense in addition to the mandatory fine7567
and the fine imposed under division (B)(4) of this section. The7568
sum total of the amounts of the mandatory fine, the fine imposed7569
under division (B)(4) of this section, and the additional fine7570
imposed under division (B)(6) of this section shall not exceed the7571
maximum statutory fine amount authorized for the level of the7572
offense under division (A)(3) of this section or section 2929.317573
of the Revised Code. The clerk of the court shall pay any fine7574
that is imposed under division (B)(6) of this section to the7575
county, township, municipal corporation, park district as created7576
pursuant to section 511.18 or 1545.04 of the Revised Code, or7577
state law enforcement agencies in this state that primarily were7578
responsible for or involved in making the arrest of, and in7579
prosecuting, the offender pursuant to division (F) of section7580
2925.03 of the Revised Code.7581

       (7) If the sum total of the amount of a mandatory fine7582
imposed for a first, second, or third degree felony violation of7583
section 2925.03 of the Revised Code plus the amount of any fine7584
imposed under division (B)(4) of this section exceeds the maximum7585
statutory fine amount authorized for the level of the offense7586
under division (A)(3) of this section or section 2929.31 of the7587
Revised Code, the court shall not impose a fine under division7588
(B)(6) of this section.7589

       (C)(1) The offender shall pay reimbursements imposed upon7590
the offender pursuant to division (A)(4)(a) of this section to pay7591
the costs incurred by the department of rehabilitation and7592
correction in operating a prison or other facility used to confine7593
offenders pursuant to sanctions imposed under section 2929.14 or7594
2929.16 of the Revised Code to the treasurer of state. The7595
treasurer of state shall deposit the reimbursements in the7596
confinement cost reimbursement fund that is hereby created in the7597
state treasury. The department of rehabilitation and correction7598
shall use the amounts deposited in the fund to fund the operation7599
of facilities used to confine offenders pursuant to sections7600
2929.14 and 2929.16 of the Revised Code.7601

       (2) Except as provided in section 2951.021 of the Revised7602
Code, the offender shall pay reimbursements imposed upon the7603
offender pursuant to division (A)(4)(a) of this section to pay the7604
costs incurred by a county pursuant to any sanction imposed under7605
this section or section 2929.16 or 2929.17 of the Revised Code or7606
in operating a facility used to confine offenders pursuant to a7607
sanction imposed under section 2929.16 of the Revised Code to the7608
county treasurer. The county treasurer shall deposit the7609
reimbursements in the sanction cost reimbursement fund that each7610
board of county commissioners shall create in its county treasury.7611
The county shall use the amounts deposited in the fund to pay the7612
costs incurred by the county pursuant to any sanction imposed7613
under this section or section 2929.16 or 2929.17 of the Revised7614
Code or in operating a facility used to confine offenders pursuant7615
to a sanction imposed under section 2929.16 of the Revised Code.7616

       (3) Except as provided in section 2951.021 of the Revised7617
Code, the offender shall pay reimbursements imposed upon the7618
offender pursuant to division (A)(4)(a) of this section to pay the7619
costs incurred by a municipal corporation pursuant to any sanction7620
imposed under this section or section 2929.16 or 2929.17 of the7621
Revised Code or in operating a facility used to confine offenders7622
pursuant to a sanction imposed under section 2929.16 of the7623
Revised Code to the treasurer of the municipal corporation. The7624
treasurer shall deposit the reimbursements in a special fund that7625
shall be established in the treasury of each municipal7626
corporation. The municipal corporation shall use the amounts7627
deposited in the fund to pay the costs incurred by the municipal7628
corporation pursuant to any sanction imposed under this section or7629
section 2929.16 or 2929.17 of the Revised Code or in operating a7630
facility used to confine offenders pursuant to a sanction imposed7631
under section 2929.16 of the Revised Code.7632

       (4) Except as provided in section 2951.021 of the Revised7633
Code, the offender shall pay reimbursements imposed pursuant to7634
division (A)(4)(a) of this section for the costs incurred by a7635
private provider pursuant to a sanction imposed under this section7636
or section 2929.16 or 2929.17 of the Revised Code to the provider.7637

       (D) A financial sanction imposed pursuant to division (A) or7638
(B) of this section is a judgment in favor of the state or a7639
political subdivision in which the court that imposed the7640
financial sanction is located, except that a financial sanction of7641
reimbursement imposed pursuant to division (A)(4)(a)(ii) of this7642
section upon an offender who is incarcerated in a state facility7643
or a municipal jail is a judgment in favor of the state or the7644
municipal corporation, a financial sanction of reimbursement7645
imposed upon an offender pursuant to this section for costs7646
incurred by a private provider of sanctions is a judgment in favor7647
of the private provider, and a financial sanction of restitution7648
imposed pursuant to this section is a judgment in favor of the7649
victim of the offender's criminal act. The offender subject to7650
the sanction is the judgment debtor. Imposition of a financial7651
sanction and execution on the judgment does not preclude any other7652
power of the court to impose or enforce sanctions on the offender.7653
Once the financial sanction is imposed as a judgment, the victim,7654
private provider, state, or political subdivision may bring an7655
action to do any of the following:7656

       (1) Obtain execution of the judgment through any available7657
procedure, including:7658

       (a) An execution against the property of the judgment debtor7659
under Chapter 2329. of the Revised Code;7660

       (b) An execution against the person of the judgment debtor7661
under Chapter 2331. of the Revised Code;7662

       (c) A proceeding in aid of execution under Chapter 2333. of7663
the Revised Code, including:7664

       (i) A proceeding for the examination of the judgment debtor7665
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.277666
of the Revised Code;7667

       (ii) A proceeding for attachment of the person of the7668
judgment debtor under section 2333.28 of the Revised Code;7669

       (iii) A creditor's suit under section 2333.01 of the Revised7670
Code.7671

       (d) The attachment of the property of the judgment debtor7672
under Chapter 2715. of the Revised Code;7673

       (e) The garnishment of the property of the judgment debtor7674
under Chapter 2716. of the Revised Code.7675

       (2) Obtain an order for the assignment of wages of the7676
judgment debtor under section 1321.33 of the Revised Code.7677

       (E) A court that imposes a financial sanction upon an7678
offender may hold a hearing if necessary to determine whether the7679
offender is able to pay the sanction or is likely in the future to7680
be able to pay it.7681

       (F) Each court imposing a financial sanction upon an7682
offender under this section or under section 2929.25 of the7683
Revised Code may designate a court employee to collect, or may7684
enter into contracts with one or more public agencies or private7685
vendors for the collection of, amounts due under the financial7686
sanction imposed pursuant to this section or section 2929.25 of7687
the Revised Code. Before entering into a contract for the7688
collection of amounts due from an offender pursuant to any7689
financial sanction imposed pursuant to this section or section7690
2929.25 of the Revised Code, a court shall comply with sections7691
307.86 to 307.92 of the Revised Code.7692

       (G) If a court that imposes a financial sanction under7693
division (A) or (B) of this section finds that an offender7694
satisfactorily has completed all other sanctions imposed upon the7695
offender and that all restitution that has been ordered has been7696
paid as ordered, the court may suspend any financial sanctions7697
imposed pursuant to this section or section 2929.25 of the Revised7698
Code that have not been paid.7699

       (H) No financial sanction imposed under this section or7700
section 2929.25 of the Revised Code shall preclude a victim from7701
bringing a civil action against the offender.7702

       Sec. 2929.19.  (A)(1) The court shall hold a sentencing7703
hearing before imposing a sentence under this chapter upon an7704
offender who was convicted of or pleaded guilty to a felony and7705
before resentencing an offender who was convicted of or pleaded7706
guilty to a felony and whose case was remanded pursuant to section7707
2953.07 or 2953.08 of the Revised Code. At the hearing, the7708
offender, the prosecuting attorney, the victim or the victim's7709
representative in accordance with section 2930.14 of the Revised7710
Code, and, with the approval of the court, any other person may7711
present information relevant to the imposition of sentence in the7712
case. The court shall inform the offender of the verdict of the7713
jury or finding of the court and ask the offender whether the7714
offender has anything to say as to why sentence should not be7715
imposed upon the offender.7716

       (2) Except as otherwise provided in this division, before7717
imposing sentence on an offender who is being sentenced for a7718
sexually oriented offense that was committed on or after January7719
1, 1997, and that is not a sexually violent offense, and before7720
imposing sentence on an offender who is being sentenced for a7721
sexually violent offense committed on or after January 1, 1997,7722
and who was not charged with a sexually violent predator7723
specification in the indictment, count in the indictment, or7724
information charging the sexually violent offense, the court shall7725
conduct a hearing in accordance with division (B) of section7726
2950.09 of the Revised Code to determine whether the offender is a7727
sexual predator. The court shall not conduct a hearing under that7728
division if the offender is being sentenced for a sexually violent7729
offense and a sexually violent predator specification was included7730
in the indictment, count in the indictment, or information7731
charging the sexually violent offense. Before imposing sentence7732
on an offender who is being sentenced for a sexually oriented7733
offense, the court also shall comply with division (E) of section7734
2950.09 of the Revised Code.7735

       (B)(1) At the sentencing hearing, the court, before imposing7736
sentence, shall consider the record, any information presented at7737
the hearing by any person pursuant to division (A) of this7738
section, and, if one was prepared, the presentence investigation7739
report made pursuant to section 2951.03 of the Revised Code or7740
Criminal Rule 32.2, and any victim impact statement made pursuant7741
to section 2947.051 of the Revised Code.7742

       (2) The court shall impose a sentence and shall make a7743
finding that gives its reasons for selecting the sentence imposed7744
in any of the following circumstances:7745

       (a) Unless the offense is a sexually violent offense for7746
which the court is required to impose sentence pursuant to7747
division (G) of section 2929.14 of the Revised Code, if it imposes7748
a prison term for a felony of the fourth or fifth degree or for a7749
felony drug offense that is a violation of a provision of Chapter7750
2925. of the Revised Code and that is specified as being subject7751
to division (B) of section 2929.13 of the Revised Code for7752
purposes of sentencing, its reasons for imposing the prison term,7753
based upon the overriding purposes and principles of felony7754
sentencing set forth in section 2929.11 of the Revised Code, and7755
any factors listed in divisions (B)(1)(a) to (i) of section7756
2929.13 of the Revised Code that it found to apply relative to the7757
offender.7758

       (b) If it does not impose a prison term for a felony of the7759
first or second degree or for a felony drug offense that is a7760
violation of a provision of Chapter 2925. of the Revised Code and7761
for which a presumption in favor of a prison term is specified as7762
being applicable, its reasons for not imposing the prison term and7763
for overriding the presumption, based upon the overriding purposes7764
and principles of felony sentencing set forth in section 2929.117765
of the Revised Code, and the basis of the findings it made under7766
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.7767

       (c) If it imposes consecutive sentences under section7768
2929.14 of the Revised Code, its reasons for imposing the7769
consecutive sentences;7770

       (d) If the sentence is for one offense and it imposes a7771
prison term for the offense that is the maximum prison term7772
allowed for that offense by division (A) of section 2929.14 of the7773
Revised Code, its reasons for imposing the maximum prison term;7774

       (e) If the sentence is for two or more offenses arising out7775
of a single incident and it imposes a prison term for those7776
offenses that is the maximum prison term allowed for the offense7777
of the highest degree by division (A) of section 2929.14 of the7778
Revised Code, its reasons for imposing the maximum prison term.7779

       (3) Subject to division (B)(4) of this section, if the7780
sentencing court determines at the sentencing hearing that a7781
prison term is necessary or required, the court shall do all of7782
the following:7783

       (a) Impose a stated prison term;7784

       (b) Notify the offender that, as part of the sentence, the7785
parole board may extend the stated prison term for certain7786
violations of prison rules for up to one-half of the stated prison7787
term;7788

       (c) Notify the offender that the offender will be supervised7789
under section 2967.28 of the Revised Code after the offender7790
leaves prison if the offender is being sentenced for a felony of7791
the first degree or second degree, for a felony sex offense, or7792
for a felony of the third degree in the commission of which the7793
offender caused or threatened to cause physical harm to a person;7794

       (d) Notify the offender that the offender may be supervised7795
under section 2967.28 of the Revised Code after the offender7796
leaves prison if the offender is being sentenced for a felony of7797
the third, fourth, or fifth degree that is not subject to division7798
(B)(3)(c) of this section;7799

       (e) Notify the offender that, if a period of supervision is7800
imposed following the offender's release from prison, as described7801
in division (B)(3)(c) or (d) of this section, and if the offender7802
violates that supervision or a condition of post-release control7803
imposed under division (B) of section 2967.131 of the Revised7804
Code, the parole board may impose a prison term, as part of the7805
sentence, of up to one-half of the stated prison term originally7806
imposed upon the offender;7807

       (f) Require that the offender not ingest or be injected with7808
a drug of abuse and submit to random drug testing as provided in7809
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever7810
is applicable to the offender who is serving a prison term, and7811
require that the results of the drug test administered under any7812
of those sections indicate that the offender did not ingest or was7813
not injected with a drug of abuse.7814

       (4) If the offender is being sentenced for a sexually7815
violent offense that the offender committed on or after January 1,7816
1997, and the offender also is convicted of or pleads guilty to a7817
sexually violent predator specification that was included in the7818
indictment, count in the indictment, or information charging the7819
sexually violent offense or if the offender is being sentenced for7820
a sexually oriented offense that the offender committed on or7821
after January 1, 1997, and the court imposing the sentence has7822
determined pursuant to division (B) of section 2950.09 of the7823
Revised Code that the offender is a sexual predator, the court7824
shall include in the offender's sentence a statement that the7825
offender has been adjudicated as being a sexual predator and shall7826
comply with the requirements of section 2950.03 of the Revised7827
Code. Additionally, in the circumstances described in division7828
(G) of section 2929.14 of the Revised Code, the court shall impose7829
sentence on the offender as described in that division.7830

       (5) If the sentencing court determines at the sentencing7831
hearing that a community control sanction should be imposed and7832
the court is not prohibited from imposing a community control7833
sanction, the court shall impose a community control sanction. The7834
court shall notify the offender that, if the conditions of the7835
sanction are violated, if the offender commits a violation of any7836
law, or if the offender leaves this state without the permission7837
of the court or the offender's probation officer, the court may7838
impose a longer time under the same sanction, may impose a more7839
restrictive sanction, or may impose a prison term on the offender7840
and shall indicate the specific prison term that may be imposed as7841
a sanction for the violation, as selected by the court from the7842
range of prison terms for the offense pursuant to section 2929.147843
of the Revised Code.7844

       (6) Before imposing a financial sanction under section7845
2929.18 of the Revised Code or a fine under section 2929.25 of the7846
Revised Code, the court shall consider the offender's present and7847
future ability to pay the amount of the sanction or fine.7848

       (C)(1) If the offender is being sentenced for a fourth7849
degree felony OMVIOVI offense under division (G)(1) of section7850
2929.13 of the Revised Code, the court shall impose the mandatory7851
term of local incarceration in accordance with that division,7852
shall impose a mandatory fine in accordance with division (B)(3)7853
of section 2929.18 of the Revised Code, and, in addition, may7854
impose additional sanctions as specified in sections 2929.15,7855
2929.16, 2929.17, and 2929.18 of the Revised Code. The court7856
shall not impose a prison term on the offender.7857

       (2) If the offender is being sentenced for a third or fourth7858
degree felony OMVIOVI offense under division (G)(2) of section7859
2929.13 of the Revised Code, the court shall impose the mandatory7860
prison term in accordance with that division, shall impose a7861
mandatory fine in accordance with division (B)(3) of section7862
2929.18 of the Revised Code, and, in addition, may impose an7863
additional prison term as specified in section 2929.14 of the7864
Revised Code. The court shall not impose any community control7865
sanction on the offender.7866

       (D) If the sentencing court determines at the sentencing7867
hearing that an offender is eligible for placement in a program of7868
shock incarceration under section 5120.031 of the Revised Code or7869
in an intensive program prison under section 5120.032 of the7870
Revised Code, the court, pursuant to division (K) of section7871
2929.14 of the Revised Code, may recommend placement of the7872
offender in a program of shock incarceration or an intensive7873
program prison, disapprove placement of the offender in a program7874
or prison of that nature, or make no recommendation. The court7875
shall make a finding that gives its reasons for its recommendation7876
or disapproval.7877

       Sec. 2929.23.  (A) As used in this section:7878

       (1) "Electronic monitoring device" means any of the7879
following:7880

       (a) Any device that can be operated by electrical or battery7881
power and that conforms with all of the following:7882

       (i) The device has a transmitter that can be attached to a7883
person, that will transmit a specified signal to a receiver of the7884
type described in division (A)(1)(a)(ii) of this section if the7885
transmitter is removed from the person, turned off, or altered in7886
any manner without prior court approval in relation to7887
electronically monitored house arrest or electronically monitored7888
house detention or without prior approval of the department of7889
rehabilitation and correction in relation to the use of an7890
electronic monitoring device for an inmate on transitional control7891
or otherwise is tampered with, that can transmit continuously and7892
periodically a signal to that receiver when the person is within a7893
specified distance from the receiver, and that can transmit an7894
appropriate signal to that receiver if the person to whom it is7895
attached travels a specified distance from that receiver.7896

       (ii) The device has a receiver that can receive continuously7897
the signals transmitted by a transmitter of the type described in7898
division (A)(1)(a)(i) of this section, can transmit continuously7899
those signals by telephone to a central monitoring computer of the7900
type described in division (A)(1)(a)(iii) of this section, and can7901
transmit continuously an appropriate signal to that central7902
monitoring computer if the receiver is turned off or altered7903
without prior court approval or otherwise tampered with.7904

       (iii) The device has a central monitoring computer that can7905
receive continuously the signals transmitted by telephone by a7906
receiver of the type described in division (A)(1)(a)(ii) of this7907
section and can monitor continuously the person to whom an7908
electronic monitoring device of the type described in division7909
(A)(1)(a) of this section is attached.7910

       (b) Any device that is not a device of the type described in7911
division (A)(1)(a) of this section and that conforms with all of7912
the following:7913

       (i) The device includes a transmitter and receiver that can7914
monitor and determine the location of a subject person at any7915
time, or at a designated point in time, through the use of a7916
central monitoring computer or through other electronic means;7917

       (ii) The device includes a transmitter and receiver that can7918
determine at any time, or at a designated point in time, through7919
the use of a central monitoring computer or other electronic means7920
the fact that the transmitter is turned off or altered in any7921
manner without prior approval of the court in relation to7922
electronically monitored house arrest or electronically monitored7923
house detention or without prior approval of the department of7924
rehabilitation and correction in relation to the use of an7925
electronic monitoring device for an inmate on transitional control7926
or otherwise is tampered with.7927

       (c) Any type of technology that can adequately track or7928
determine the location of a subject person at any time and that is7929
approved by the director of rehabilitation and correction,7930
including, but not limited to, any satellite technology, voice7931
tracking system, or retinal scanning system that is so approved.7932

       (2) "Certified electronic monitoring device" means an7933
electronic monitoring device that has been certified by the7934
superintendent of the bureau of criminal identification and7935
investigation pursuant to division (C)(1) of this section.7936

       (3) "Eligible offender" means a person who has been7937
convicted of or pleaded guilty to any offense, except that a7938
person is not an "eligible offender" if any of the following apply7939
in relation to the person, the offense, or the person and the7940
offense:7941

       (a) The person is subject to or is serving a term of life7942
imprisonment.7943

       (b) The person is subject to or is serving a mandatory7944
prison term imposed under division (F) of section 2929.13,7945
division (D) of section 2929.14, or any other section of the7946
Revised Code, provided that, after the person has served all of7947
the mandatory prison terms so imposed, the person may be an7948
eligible offender unless excluded by division (A)(3)(a), (c) or7949
(d) of this section.7950

       (c) The offense is a violation of division (A) of section7951
4511.19 of the Revised Codefourth degree felony OVI offense, and7952
the offender is sentenced for that offense pursuant to division7953
(G)(1) of section 2929.13 of the Revised Code and is serving the7954
mandatory term of local incarceration of sixty or one hundred7955
twenty consecutive days of imprisonment imposed under that7956
division, provided that, after the person has served all of the7957
mandatory term of local incarceration so imposed, the person may7958
be an eligible offender unless excluded by division (A)(3)(a),7959
(b), or (d) of this section.7960

       (d) The offense is a violation of division (A) of section7961
4511.19 of the Revised Codethird or fourth degree felony OVI7962
offense, and the person is sentenced for that offense pursuant to7963
division (G)(2) of section 2929.13 of the Revised Code.7964

       (4) "Electronically monitored house arrest" means a period7965
of confinement of an eligible offender in the eligible offender's7966
home or in other premises specified by the sentencing court or a7967
period of confinement of a delinquent child in the child's home or7968
in other premises specified by the juvenile court, during which7969
period of confinement all of the following apply:7970

       (a) The eligible offender or child wears, otherwise has7971
attached to the eligible offender's or child's person, or7972
otherwise is subject to monitoring by a certified electronic7973
monitoring device, or the eligible offender or child is subject to7974
monitoring by a certified electronic monitoring system;7975

       (b) The eligible offender or child is required to remain in7976
the eligible offender's or child's home or other premises7977
specified by the sentencing court or juvenile court for the7978
specified period of confinement, except for periods of time during7979
which the eligible offender or child is at the eligible offender's7980
place of employment, at school, or at other premises as authorized7981
by the sentencing court;7982

       (c) The eligible offender or child is subject to monitoring7983
by a central system that monitors the certified electronic7984
monitoring device that is attached to the eligible offender's or7985
child's person or that otherwise is being used to monitor the7986
eligible offender or child and that can monitor and determine the7987
eligible offender's or child's location at any time or at a7988
designated point in time, or the eligible offender or child is7989
required to participate in monitoring by a certified electronic7990
monitoring system;7991

       (d) The eligible offender or child is required by the7992
sentencing court or juvenile court to report periodically to a7993
person designated by the court;7994

       (e) The eligible offender or child is subject to any other7995
restrictions and requirements that may be imposed by the7996
sentencing court or juvenile court.7997

       (5) "Electronic monitoring system" means a system by which7998
the location of an eligible offender can be verified7999
telephonically through the use of voice-activated voice response8000
technology that conforms with all of the following:8001

       (a) It can be programmed to call the telephone or telephones8002
assigned to the eligible offender who is the subject of the8003
monitoring as often as necessary;8004

       (b) It is equipped with a voice recognition system that can8005
work accurately and reliably under the anticipated conditions in8006
which it will operate;8007

       (c) It is equipped to perform an alarm function if the8008
eligible offender who is the subject of monitoring does not8009
respond to system commands in the manner required.8010

       (6) "Certified electronic monitoring system" means an8011
electronic monitoring system that has been certified by the8012
superintendent of the bureau of criminal identification and8013
investigation pursuant to division (C)(1) of this section.8014

       (7) "Transitional control" means the program of transitional8015
control established by the department of rehabilitation and8016
correction under section 2967.26 of the Revised Code, if the8017
department establishes a program of that nature under that8018
section.8019

       (B)(1) Any court may impose as a sanction pursuant to8020
sections 2929.15 and 2929.17 of the Revised Code a period of8021
electronically monitored house arrest upon an eligible offender8022
who is convicted of or pleads guilty to a felony, except that the8023
total of any period of electronically monitored house arrest8024
imposed upon that eligible offender plus the period of all other8025
sanctions imposed upon the same eligible offender pursuant to8026
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised8027
Code shall not exceed five years. Any court may impose a period8028
of electronically monitored house arrest upon an eligible offender8029
who is convicted of or pleads guilty to a misdemeanor in addition8030
to or in lieu of any other sentence imposed or authorized for the8031
offense, except that the total of any period of electronically8032
monitored house arrest imposed upon that eligible offender plus8033
the period of any sentence of imprisonment imposed upon the same8034
eligible offender shall not exceed the maximum term of8035
imprisonment that could be imposed upon the eligible offender8036
pursuant to section 2929.21 of the Revised Code and except that,8037
if the offense for which an eligible offender is being sentenced8038
is a violation of division (A) of section 4511.19 or of division8039
(D)(2)(A) of section 4507.024510.14 of the Revised Code, the8040
court may impose a period of electronically monitored house arrest8041
upon the eligible offender only when authorized by and only in the8042
circumstances described in division (A)(G) of section 4511.998043
4511.19 or division (B)(C) of section 4507.994510.14 of the8044
Revised Code.8045

       If a court imposes a period of electronically monitored house8046
arrest upon an eligible offender, it shall require the eligible8047
offender to wear, otherwise have attached to the eligible8048
offender's person, or otherwise be subject to monitoring by a8049
certified electronic monitoring device or to participate in the8050
operation of and monitoring by a certified electronic monitoring8051
system; to remain in the eligible offender's home or other8052
specified premises for the entire period of electronically8053
monitored house arrest except when the court permits the eligible8054
offender to leave those premises to go to the eligible offender's8055
place of employment or to other specified premises; to be8056
monitored by a central system that monitors the certified8057
electronic monitoring device that is attached to the eligible8058
offender's person or that otherwise is being used to monitor the8059
eligible offender and that can monitor and determine the eligible8060
offender's location at any time or at a designated point in time8061
or to be monitored by the certified electronic monitoring system;8062
to report periodically to a person designated by the court; and,8063
in return for receiving a period of electronically monitored house8064
arrest, to enter into a written contract with the court agreeing8065
to comply with all restrictions and requirements imposed by the8066
court, agreeing to pay any fee imposed by the court for the costs8067
of the electronically monitored house arrest imposed by the court8068
pursuant to division (E) of this section, and agreeing to waive8069
the right to receive credit for any time served on electronically8070
monitored house arrest toward any prison term or sentence of8071
imprisonment imposed upon the eligible offender for the offense8072
for which the period of electronically monitored house arrest was8073
imposed if the eligible offender violates any of the restrictions8074
or requirements of the period of electronically monitored house8075
arrest, and additionally, it may impose any other reasonable8076
restrictions and requirements upon the eligible offender.8077

       (2) If an eligible offender violates any of the restrictions8078
or requirements imposed upon the eligible offender as part of the8079
eligible offender's period of electronically monitored house8080
arrest, the eligible offender shall not receive credit for any8081
time served on electronically monitored house arrest toward any8082
prison term or sentence of imprisonment imposed upon the eligible8083
offender for the offense for which the period of electronically8084
monitored house arrest was imposed.8085

       (C)(1) The superintendent of the bureau of criminal8086
identification and investigation, in accordance with this section8087
and rules adopted by the superintendent pursuant to division8088
(C)(2) of this section, shall certify for use in cases of8089
electronically monitored house arrest and in relation to an inmate8090
on transitional control specific types and brands of electronic8091
monitoring devices and electronic monitoring systems that comply8092
with the requirements of this section, section 5120.073 of the8093
Revised Code, and those rules. Any manufacturer that, pursuant to8094
this division, seeks to obtain the certification of any type or8095
brand of electronic monitoring device or electronic monitoring8096
system shall submit to the superintendent an application for8097
certification in accordance with those rules together with the8098
application fee and costs of certification as required by those8099
rules. The superintendent shall not certify any electronic8100
monitoring device or electronic monitoring system pursuant to this8101
division unless the application fee and costs have been paid to8102
the superintendent.8103

       (2) The superintendent, in accordance with Chapter 119. of8104
the Revised Code, shall adopt rules for certifying specific types8105
and brands of electronic monitoring devices and electronic8106
monitoring systems for use in electronically monitored house8107
arrest and in relation to an inmate on transitional control. The8108
rules shall set forth the requirements for obtaining the8109
certification, the application fee and other costs for obtaining8110
the certification, the procedure for applying for certification,8111
and any other requirements and procedures considered necessary by8112
the superintendent. The rules shall require that no type or brand8113
of electronic monitoring device or electronic monitoring system be8114
certified unless the type or brand of device or system complies8115
with whichever of the following is applicable, in addition to any8116
other requirements specified by the superintendent:8117

       (a) For electronic monitoring devices of the type described8118
in division (A)(1)(a) of this section, the type or brand of device8119
complies with all of the following:8120

       (i) It has a transmitter of the type described in division8121
(A)(1)(a)(i) of this section, a receiver of the type described in8122
division (A)(1)(a)(ii) of this section, and a central monitoring8123
computer of the type described in division (A)(1)(a)(iii) of this8124
section;8125

       (ii) Its transmitter can be worn by or attached to a person8126
with a minimum of discomfort during normal activities, is8127
difficult to remove, turn off, or otherwise alter without prior8128
court approval in relation to electronically monitored house8129
arrest or prior approval of the department of rehabilitation and8130
correction in relation to the use of an electronic monitoring8131
device for an inmate on transitional control, and will transmit a8132
specified signal to the receiver if it is removed, turned off,8133
altered, or otherwise tampered with;8134

       (iii) Its receiver is difficult to turn off or alter and8135
will transmit a signal to the central monitoring computer if it is8136
turned off, altered, or otherwise tampered with;8137

       (iv) Its central monitoring computer is difficult to8138
circumvent;8139

       (v) Its transmitter, receiver, and central monitoring8140
computer work accurately and reliably under the anticipated8141
conditions under which electronically monitored house arrest will8142
be imposed by courts or under which an electronic monitoring8143
device will be used by the department of rehabilitation and8144
correction in relation to an inmate on transitional control;8145

       (vi) It has a backup battery power supply that operates8146
automatically when the main source of electrical or battery power8147
for the device fails.8148

       (b) For electronic monitoring devices of the type described8149
in division (A)(1)(b) of this section, the type or brand of device8150
complies with all of the following:8151

       (i) It has a transmitter and receiver of the type described8152
in divisions (A)(1)(b)(i) and (ii) of this section.8153

       (ii) Its transmitter is difficult to turn off or alter8154
without prior court approval in relation to electronically8155
monitored house arrest or without prior approval of the8156
department of rehabilitation and correction in relation to the use8157
of an electronic monitoring device for an inmate on transitional8158
control, and, if the transmitter is turned off or altered in any8159
manner without prior approval of the court or department or8160
otherwise is tampered with, the fact that it has been turned off,8161
altered, or tampered with can be determined at any time, or at a8162
designated point in time, through the use of a central monitoring8163
computer or through other electronic means.8164

       (iii) Its receiver is difficult to turn off or alter, and,8165
if the receiver is turned off, altered, or otherwise tampered8166
with, the fact that it has been turned off, altered, or tampered8167
with can be determined at any time, or at a designated point in8168
time, through the use of a central monitoring computer or through8169
other electronic means.8170

       (iv) Its central monitoring computer or other means of8171
electronic monitoring is difficult to circumvent.8172

       (v) Its transmitter, receiver, and central monitoring8173
computer or other means of electronic monitoring work accurately8174
and reliably under the anticipated conditions under which8175
electronically monitored house arrest will be used, or under8176
which an electronic monitoring device will be used by the8177
department of rehabilitation and correction in relation to an8178
inmate on transitional control.8179

       (vi) If it operates on electrical or battery power, it has a8180
backup battery power supply that operates automatically when the8181
main source of electrical or battery power for the device fails,8182
or, if it does not operate on electrical or battery power, it has8183
a backup method of operation so that it will continue to operate8184
if its main method of operation fails.8185

       (c) For electronic monitoring systems, the type or brand of8186
system complies with all of the following:8187

       (i) It can be programmed to call the telephone or telephones8188
assigned to the person who is the subject of the monitoring as8189
often as necessary;8190

       (ii) It is equipped with a voice recognition system that can8191
work accurately and reliably under the anticipated conditions in8192
which it will operate;8193

       (iii) It is equipped to perform an alarm function if the8194
person who is the subject of the monitoring does not respond to8195
system commands in the manner required.8196

       (3) The superintendent shall publish and make available to8197
all courts and to the department of rehabilitation and correction,8198
without charge, a list of all types and brands of electronic8199
monitoring devices and electronic monitoring systems that have8200
been certified by the superintendent pursuant to division (C)(1)8201
of this section and information about the manufacturers of the8202
certified devices and systems and places at which the devices and8203
systems can be obtained.8204

       (D) The superintendent of the bureau of criminal8205
identification and investigation shall deposit all costs and fees8206
collected pursuant to division (C) of this section into the8207
general revenue fund.8208

       (E)(1) Each county in which is located a court that imposes8209
a period of electronically monitored house arrest as a sentencing8210
sanction or alternative may establish in the county treasury an8211
electronically monitored house arrest fund. The clerk of each8212
court that uses that sentencing sanction or alternative may8213
deposit into the fund all fees collected from eligible offenders8214
upon whom electronically monitored house arrest is imposed8215
pursuant to this section, section 2152.19, or any other section8216
of the Revised Code that specifically authorizes the imposition of8217
electronically monitored house arrest. Each court that imposes8218
electronically monitored house arrest may adopt by local court8219
rule a reasonable daily fee to be paid by each eligible offender8220
upon whom a period of electronically monitored house arrest is8221
imposed as a sentencing sanction or alternative. The fee may8222
include the actual costs of providing house arrest and an8223
additional amount necessary to enable the court to provide8224
electronically monitored house arrest to indigent eligible8225
offenders. The fund may be used only for the payment of the costs8226
of electronically monitored house arrest, including, but not8227
limited to, the costs of electronically monitored house arrest for8228
indigent eligible offenders.8229

       (2) If a fee is adopted pursuant to division (E)(1) of this8230
section, it shall be in addition to any fine specifically8231
authorized or required by any other section of the Revised Code8232
for an eligible offender upon whom a period of electronically8233
monitored house arrest is imposed as a sentencing sanction or8234
alternative.8235

       Sec. 2929.41.  (A) Except as provided in division (B) of8236
this section, division (E) of section 2929.14, or division (D) or8237
(E) of section 2971.03 of the Revised Code, a sentence of8238
imprisonment shall be served concurrently with any other sentence8239
of imprisonment imposed by a court of this state, another state,8240
or the United States. Except as provided in division (B)(2)(3) of8241
this section, a sentence of imprisonment for misdemeanor shall be8242
served concurrently with a prison term or sentence of imprisonment8243
for felony served in a state or federal correctional institution.8244

       (B)(1) A sentence of imprisonment for a misdemeanor shall be8245
served consecutively to any other sentence of imprisonment when8246
the trial court specifies that it is to be served consecutively or8247
when it is imposed for a misdemeanor violation of section8248
2907.322, 2921.34, or 2923.131 of the Revised Code.8249

       When consecutive sentences of imprisonment are imposed for8250
misdemeanor under this division, the term to be served is the8251
aggregate of the consecutive terms imposed, except that the8252
aggregate term to be served shall not exceed eighteen months.8253

       (3)(2) If a court of this state imposes a prison term upon8254
the offender for the commission of a felony and a court of another8255
state or the United States also has imposed a prison term upon the8256
offender for the commission of a felony, the court of this state8257
may order that the offender serve the prison term it imposes8258
consecutively to any prison term imposed upon the offender by the8259
court of another state or the United States.8260

       (2)(3) A sentence of imprisonment imposed for a misdemeanor8261
violation of section 4510.11, 4510.14, 4510.16, 4510.21,or8262
4511.19 or division (B)(1), (C), (D)(1), or (D)(2) of section8263
4507.02 of the Revised Code shall be served consecutively to a8264
prison term that is imposed for a felony violation of section8265
2903.06, 2903.07, 2903.08, or 4511.19 of the Revised Code or a8266
felony violation of section 2903.04 of the Revised Code involving8267
the operation of a motor vehicle by the offender and that is8268
served in a state correctional institution when the trial court8269
specifies that it is to be served consecutively.8270

       When consecutive sentences of imprisonment and prison terms8271
are imposed for one or more misdemeanors and one or more felonies8272
under this division, the term to be served is the aggregate of the8273
consecutive terms imposed, and the offender shall serve all terms8274
imposed for a felony before serving any term imposed for a8275
misdemeanor.8276

       Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,8277
deputy marshal, municipal police officer, township constable,8278
police officer of a township or joint township police district,8279
member of a police force employed by a metropolitan housing8280
authority under division (D) of section 3735.31 of the Revised8281
Code, member of a police force employed by a regional transit8282
authority under division (Y) of section 306.35 of the Revised8283
Code, state university law enforcement officer appointed under8284
section 3345.04 of the Revised Code, Ohio veterans' home police8285
officer appointed under section 5907.02 of the Revised Code, or8286
special police officer employed by a port authority under section8287
4582.04 or 4582.28 of the Revised Code shall arrest and detain,8288
until a warrant can be obtained, a person found violating, within8289
the limits of the political subdivision, metropolitan housing8290
authority housing project, regional transit authority facilities8291
or areas of a municipal corporation that have been agreed to by a8292
regional transit authority and a municipal corporation located8293
within its territorial jurisdiction, college, university, Ohio8294
veterans' home, or port authority in which the peace officer is8295
appointed, employed, or elected, a law of this state, an ordinance8296
of a municipal corporation, or a resolution of a township.8297

       (2) A peace officer of the department of natural resources8298
or an individual designated to perform law enforcement duties8299
under section 511.232, 1545.13, or 6101.75 of the Revised Code8300
shall arrest and detain, until a warrant can be obtained, a person8301
found violating, within the limits of the peace officer's or8302
individual's territorial jurisdiction, a law of this state.8303

       (3) The house sergeant at arms if the house sergeant at arms8304
has arrest authority pursuant to division (E)(1) of section8305
101.311 of the Revised Code and an assistant house sergeant at8306
arms shall arrest and detain, until a warrant can be obtained, a8307
person found violating, within the limits of the sergeant at arm's8308
arms's or assistant sergeant at arm'sarms's territorial8309
jurisdiction specified in division (D)(1)(a) of section 101.311 of8310
the Revised Code or while providing security pursuant to division8311
(D)(1)(f) of section 101.311 of the Revised Code, a law of this8312
state, an ordinance of a municipal corporation, or a resolution of8313
a township.8314

       (B)(1) When there is reasonable ground to believe that an8315
offense of violence, the offense of criminal child enticement as8316
defined in section 2905.05 of the Revised Code, the offense of8317
public indecency as defined in section 2907.09 of the Revised8318
Code, the offense of domestic violence as defined in section8319
2919.25 of the Revised Code, the offense of violating a protection8320
order as defined in section 2919.27 of the Revised Code, the8321
offense of menacing by stalking as defined in section 2903.211 of8322
the Revised Code, the offense of aggravated trespass as defined in8323
section 2911.211 of the Revised Code, a theft offense as defined8324
in section 2913.01 of the Revised Code, or a felony drug abuse8325
offense as defined in section 2925.01 of the Revised Code, has8326
been committed within the limits of the political subdivision,8327
metropolitan housing authority housing project, regional transit8328
authority facilities or those areas of a municipal corporation8329
that have been agreed to by a regional transit authority and a8330
municipal corporation located within its territorial jurisdiction,8331
college, university, Ohio veterans' home, or port authority in8332
which the peace officer is appointed, employed, or elected or8333
within the limits of the territorial jurisdiction of the peace8334
officer, a peace officer described in division (A) of this section8335
may arrest and detain until a warrant can be obtained any person8336
who the peace officer has reasonable cause to believe is guilty of8337
the violation.8338

       (2) For purposes of division (B)(1) of this section, the8339
execution of any of the following constitutes reasonable ground to8340
believe that the offense alleged in the statement was committed8341
and reasonable cause to believe that the person alleged in the8342
statement to have committed the offense is guilty of the8343
violation:8344

       (a) A written statement by a person alleging that an alleged8345
offender has committed the offense of menacing by stalking or8346
aggravated trespass;8347

       (b) A written statement by the administrator of the8348
interstate compact on mental health appointed under section8349
5119.51 of the Revised Code alleging that a person who had been8350
hospitalized, institutionalized, or confined in any facility under8351
an order made pursuant to or under authority of section 2945.37,8352
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8353
Revised Code has escaped from the facility, from confinement in a8354
vehicle for transportation to or from the facility, or from8355
supervision by an employee of the facility that is incidental to8356
hospitalization, institutionalization, or confinement in the8357
facility and that occurs outside of the facility, in violation of8358
section 2921.34 of the Revised Code;8359

       (c) A written statement by the administrator of any facility8360
in which a person has been hospitalized, institutionalized, or8361
confined under an order made pursuant to or under authority of8362
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8363
2945.402 of the Revised Code alleging that the person has escaped8364
from the facility, from confinement in a vehicle for8365
transportation to or from the facility, or from supervision by an8366
employee of the facility that is incidental to hospitalization,8367
institutionalization, or confinement in the facility and that8368
occurs outside of the facility, in violation of section 2921.34 of8369
the Revised Code.8370

       (3)(a) For purposes of division (B)(1) of this section, a8371
peace officer described in division (A) of this section has8372
reasonable grounds to believe that the offense of domestic8373
violence or the offense of violating a protection order has been8374
committed and reasonable cause to believe that a particular person8375
is guilty of committing the offense if any of the following8376
occurs:8377

       (i) A person executes a written statement alleging that the8378
person in question has committed the offense of domestic violence8379
or the offense of violating a protection order against the person8380
who executes the statement or against a child of the person who8381
executes the statement.8382

       (ii) No written statement of the type described in division8383
(B)(3)(a)(i) of this section is executed, but the peace officer,8384
based upon the peace officer's own knowledge and observation of8385
the facts and circumstances of the alleged incident of the offense8386
of domestic violence or the alleged incident of the offense of8387
violating a protection order or based upon any other information,8388
including, but not limited to, any reasonably trustworthy8389
information given to the peace officer by the alleged victim of8390
the alleged incident of the offense or any witness of the alleged8391
incident of the offense, concludes that there are reasonable8392
grounds to believe that the offense of domestic violence or the8393
offense of violating a protection order has been committed and8394
reasonable cause to believe that the person in question is guilty8395
of committing the offense.8396

       (iii) No written statement of the type described in division8397
(B)(3)(a)(i) of this section is executed, but the peace officer8398
witnessed the person in question commit the offense of domestic8399
violence or the offense of violating a protection order.8400

       (b) If pursuant to division (B)(3)(a) of this section a8401
peace officer has reasonable grounds to believe that the offense8402
of domestic violence or the offense of violating a protection8403
order has been committed and reasonable cause to believe that a8404
particular person is guilty of committing the offense, it is the8405
preferred course of action in this state that the officer arrest8406
and detain that person pursuant to division (B)(1) of this section8407
until a warrant can be obtained.8408

       If pursuant to division (B)(3)(a) of this section a peace8409
officer has reasonable grounds to believe that the offense of8410
domestic violence or the offense of violating a protection order8411
has been committed and reasonable cause to believe that family or8412
household members have committed the offense against each other,8413
it is the preferred course of action in this state that the8414
officer, pursuant to division (B)(1) of this section, arrest and8415
detain until a warrant can be obtained the family or household8416
member who committed the offense and whom the officer has8417
reasonable cause to believe is the primary physical aggressor.8418
There is no preferred course of action in this state regarding any8419
other family or household member who committed the offense and8420
whom the officer does not have reasonable cause to believe is the8421
primary physical aggressor, but, pursuant to division (B)(1) of8422
this section, the peace officer may arrest and detain until a8423
warrant can be obtained any other family or household member who8424
committed the offense and whom the officer does not have8425
reasonable cause to believe is the primary physical aggressor.8426

       (c) If a peace officer described in division (A) of this8427
section does not arrest and detain a person whom the officer has8428
reasonable cause to believe committed the offense of domestic8429
violence or the offense of violating a protection order when it is8430
the preferred course of action in this state pursuant to division8431
(B)(3)(b) of this section that the officer arrest that person, the8432
officer shall articulate in the written report of the incident8433
required by section 2935.032 of the Revised Code a clear statement8434
of the officer's reasons for not arresting and detaining that8435
person until a warrant can be obtained.8436

       (d) In determining for purposes of division (B)(3)(b) of8437
this section which family or household member is the primary8438
physical aggressor in a situation in which family or household8439
members have committed the offense of domestic violence or the8440
offense of violating a protection order against each other, a8441
peace officer described in division (A) of this section, in8442
addition to any other relevant circumstances, should consider all8443
of the following:8444

       (i) Any history of domestic violence or of any other violent8445
acts by either person involved in the alleged offense that the8446
officer reasonably can ascertain;8447

       (ii) If violence is alleged, whether the alleged violence8448
was caused by a person acting in self-defense;8449

       (iii) Each person's fear of physical harm, if any, resulting8450
from the other person's threatened use of force against any person8451
or resulting from the other person's use or history of the use of8452
force against any person, and the reasonableness of that fear;8453

       (iv) The comparative severity of any injuries suffered by8454
the persons involved in the alleged offense.8455

       (e)(i) A peace officer described in division (A) of this8456
section shall not require, as a prerequisite to arresting or8457
charging a person who has committed the offense of domestic8458
violence or the offense of violating a protection order, that the8459
victim of the offense specifically consent to the filing of8460
charges against the person who has committed the offense or sign a8461
complaint against the person who has committed the offense.8462

       (ii) If a person is arrested for or charged with committing8463
the offense of domestic violence or the offense of violating a8464
protection order and if the victim of the offense does not8465
cooperate with the involved law enforcement or prosecuting8466
authorities in the prosecution of the offense or, subsequent to8467
the arrest or the filing of the charges, informs the involved law8468
enforcement or prosecuting authorities that the victim does not8469
wish the prosecution of the offense to continue or wishes to drop8470
charges against the alleged offender relative to the offense, the8471
involved prosecuting authorities, in determining whether to8472
continue with the prosecution of the offense or whether to dismiss8473
charges against the alleged offender relative to the offense and8474
notwithstanding the victim's failure to cooperate or the victim's8475
wishes, shall consider all facts and circumstances that are8476
relevant to the offense, including, but not limited to, the8477
statements and observations of the peace officers who responded to8478
the incident that resulted in the arrest or filing of the charges8479
and of all witnesses to that incident.8480

       (f) In determining pursuant to divisions (B)(3)(a) to (g) of8481
this section whether to arrest a person pursuant to division8482
(B)(1) of this section, a peace officer described in division (A)8483
of this section shall not consider as a factor any possible8484
shortage of cell space at the detention facility to which the8485
person will be taken subsequent to the person's arrest or any8486
possibility that the person's arrest might cause, contribute to,8487
or exacerbate overcrowding at that detention facility or at any8488
other detention facility.8489

       (g) If a peace officer described in division (A) of this8490
section intends pursuant to divisions (B)(3)(a) to (g) of this8491
section to arrest a person pursuant to division (B)(1) of this8492
section and if the officer is unable to do so because the person8493
is not present, the officer promptly shall seek a warrant for the8494
arrest of the person.8495

       (h) If a peace officer described in division (A) of this8496
section responds to a report of an alleged incident of the offense8497
of domestic violence or an alleged incident of the offense of8498
violating a protection order and if the circumstances of the8499
incident involved the use or threatened use of a deadly weapon or8500
any person involved in the incident brandished a deadly weapon8501
during or in relation to the incident, the deadly weapon that was8502
used, threatened to be used, or brandished constitutes contraband,8503
and, to the extent possible, the officer shall seize the deadly8504
weapon as contraband pursuant to section 2933.43 of the Revised8505
Code. Upon the seizure of a deadly weapon pursuant to division8506
(B)(3)(h) of this section, section 2933.43 of the Revised Code8507
shall apply regarding the treatment and disposition of the deadly8508
weapon. For purposes of that section, the "underlying criminal8509
offense" that was the basis of the seizure of a deadly weapon8510
under division (B)(3)(h) of this section and to which the deadly8511
weapon had a relationship is any of the following that is8512
applicable:8513

       (i) The alleged incident of the offense of domestic violence8514
or the alleged incident of the offense of violating a protection8515
order to which the officer who seized the deadly weapon responded;8516

       (ii) Any offense that arose out of the same facts and8517
circumstances as the report of the alleged incident of the offense8518
of domestic violence or the alleged incident of the offense of8519
violating a protection order to which the officer who seized the8520
deadly weapon responded.8521

       (4) If, in the circumstances described in divisions8522
(B)(3)(a) to (g) of this section, a peace officer described in8523
division (A) of this section arrests and detains a person pursuant8524
to division (B)(1) of this section, or if, pursuant to division8525
(B)(3)(h) of this section, a peace officer described in division8526
(A) of this section seizes a deadly weapon, the officer, to the8527
extent described in and in accordance with section 9.86 or 2744.038528
of the Revised Code, is immune in any civil action for damages for8529
injury, death, or loss to person or property that arises from or8530
is related to the arrest and detention or the seizure.8531

       (C) When there is reasonable ground to believe that a8532
violation of division (A)(1), (B)(2), or (C)(3) of section 4506.158533
or a violation of section 4511.19 of the Revised Code has been8534
committed by a person operating a motor vehicle subject to8535
regulation by the public utilities commission of Ohio under Title8536
XLIX of the Revised Code, a peace officer with authority to8537
enforce that provision of law may stop or detain the person whom8538
the officer has reasonable cause to believe was operating the8539
motor vehicle in violation of the division or section and, after8540
investigating the circumstances surrounding the operation of the8541
vehicle, may arrest and detain the person.8542

       (D) If a sheriff, deputy sheriff, marshal, deputy marshal,8543
municipal police officer, member of a police force employed by a8544
metropolitan housing authority under division (D) of section8545
3735.31 of the Revised Code, member of a police force employed by8546
a regional transit authority under division (Y) of section 306.358547
of the Revised Code, special police officer employed by a port8548
authority under section 4582.04 or 4582.28 of the Revised Code,8549
township constable, police officer of a township or joint township8550
police district, state university law enforcement officer8551
appointed under section 3345.04 of the Revised Code, peace officer8552
of the department of natural resources, individual designated to8553
perform law enforcement duties under section 511.232, 1545.13, or8554
6101.75 of the Revised Code, the house sergeant at arms if the8555
house sergeant at arms has arrest authority pursuant to division8556
(E)(1) of section 101.311 of the Revised Code, or an assistant8557
house sergeant at arms is authorized by division (A) or (B) of8558
this section to arrest and detain, within the limits of the8559
political subdivision, metropolitan housing authority housing8560
project, regional transit authority facilities or those areas of a8561
municipal corporation that have been agreed to by a regional8562
transit authority and a municipal corporation located within its8563
territorial jurisdiction, port authority, college, or university8564
in which the officer is appointed, employed, or elected or within8565
the limits of the territorial jurisdiction of the peace officer, a8566
person until a warrant can be obtained, the peace officer, outside8567
the limits of that territory, may pursue, arrest, and detain that8568
person until a warrant can be obtained if all of the following8569
apply:8570

       (1) The pursuit takes place without unreasonable delay after8571
the offense is committed;8572

       (2) The pursuit is initiated within the limits of the8573
political subdivision, metropolitan housing authority housing8574
project, regional transit authority facilities or those areas of a8575
municipal corporation that have been agreed to by a regional8576
transit authority and a municipal corporation located within its8577
territorial jurisdiction, port authority, college, or university8578
in which the peace officer is appointed, employed, or elected or8579
within the limits of the territorial jurisdiction of the peace8580
officer;8581

       (3) The offense involved is a felony, a misdemeanor of the8582
first degree or a substantially equivalent municipal ordinance, a8583
misdemeanor of the second degree or a substantially equivalent8584
municipal ordinance, or any offense for which points are8585
chargeable pursuant to division (G) of section 4507.0214510.0368586
of the Revised Code.8587

       (E) In addition to the authority granted under division (A)8588
or (B) of this section:8589

       (1) A sheriff or deputy sheriff may arrest and detain, until8590
a warrant can be obtained, any person found violating section8591
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section8592
4549.62, or Chapter 4511. or 4513. of the Revised Code on the8593
portion of any street or highway that is located immediately8594
adjacent to the boundaries of the county in which the sheriff or8595
deputy sheriff is elected or appointed.8596

       (2) A member of the police force of a township police8597
district created under section 505.48 of the Revised Code, a8598
member of the police force of a joint township police district8599
created under section 505.481 of the Revised Code, or a township8600
constable appointed in accordance with section 509.01 of the8601
Revised Code, who has received a certificate from the Ohio peace8602
officer training commission under section 109.75 of the Revised8603
Code, may arrest and detain, until a warrant can be obtained, any8604
person found violating any section or chapter of the Revised Code8605
listed in division (E)(1) of this section, other than sections8606
4513.33 and 4513.34 of the Revised Code, on the portion of any8607
street or highway that is located immediately adjacent to the8608
boundaries of the township police district or joint township8609
police district, in the case of a member of a township police8610
district or joint township police district police force, or the8611
unincorporated territory of the township, in the case of a8612
township constable. However, if the population of the township8613
that created the township police district served by the member's8614
police force, or the townships that created the joint township8615
police district served by the member's police force, or the8616
township that is served by the township constable, is sixty8617
thousand or less, the member of the township police district or8618
joint police district police force or the township constable may8619
not make an arrest under division (E)(2) of this section on a8620
state highway that is included as part of the interstate system.8621

       (3) A police officer or village marshal appointed, elected,8622
or employed by a municipal corporation may arrest and detain,8623
until a warrant can be obtained, any person found violating any8624
section or chapter of the Revised Code listed in division (E)(1)8625
of this section on the portion of any street or highway that is8626
located immediately adjacent to the boundaries of the municipal8627
corporation in which the police officer or village marshal is8628
appointed, elected, or employed.8629

       (4) A peace officer of the department of natural resources8630
or an individual designated to perform law enforcement duties8631
under section 511.232, 1545.13, or 6101.75 of the Revised Code may8632
arrest and detain, until a warrant can be obtained, any person8633
found violating any section or chapter of the Revised Code listed8634
in division (E)(1) of this section, other than sections 4513.338635
and 4513.34 of the Revised Code, on the portion of any street or8636
highway that is located immediately adjacent to the boundaries of8637
the lands and waters that constitute the territorial jurisdiction8638
of the peace officer.8639

       (F)(1) A department of mental health special police officer8640
or a department of mental retardation and developmental8641
disabilities special police officer may arrest without a warrant8642
and detain until a warrant can be obtained any person found8643
committing on the premises of any institution under the8644
jurisdiction of the particular department a misdemeanor under a8645
law of the state.8646

       A department of mental health special police officer or a8647
department of mental retardation and developmental disabilities8648
special police officer may arrest without a warrant and detain8649
until a warrant can be obtained any person who has been8650
hospitalized, institutionalized, or confined in an institution8651
under the jurisdiction of the particular department pursuant to or8652
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8653
2945.40, 2945.401, or 2945.402 of the Revised Code and who is8654
found committing on the premises of any institution under the8655
jurisdiction of the particular department a violation of section8656
2921.34 of the Revised Code that involves an escape from the8657
premises of the institution.8658

       (2)(a) If a department of mental health special police8659
officer or a department of mental retardation and developmental8660
disabilities special police officer finds any person who has been8661
hospitalized, institutionalized, or confined in an institution8662
under the jurisdiction of the particular department pursuant to or8663
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8664
2945.40, 2945.401, or 2945.402 of the Revised Code committing a8665
violation of section 2921.34 of the Revised Code that involves an8666
escape from the premises of the institution, or if there is8667
reasonable ground to believe that a violation of section 2921.348668
of the Revised Code has been committed that involves an escape8669
from the premises of an institution under the jurisdiction of the8670
department of mental health or the department of mental8671
retardation and developmental disabilities and if a department of8672
mental health special police officer or a department of mental8673
retardation and developmental disabilities special police officer8674
has reasonable cause to believe that a particular person who has8675
been hospitalized, institutionalized, or confined in the8676
institution pursuant to or under authority of section 2945.37,8677
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8678
Revised Code is guilty of the violation, the special police8679
officer, outside of the premises of the institution, may pursue,8680
arrest, and detain that person for that violation of section8681
2921.34 of the Revised Code, until a warrant can be obtained, if8682
both of the following apply:8683

       (i) The pursuit takes place without unreasonable delay after8684
the offense is committed;8685

       (ii) The pursuit is initiated within the premises of the8686
institution from which the violation of section 2921.34 of the8687
Revised Code occurred.8688

       (b) For purposes of division (F)(2)(a) of this section, the8689
execution of a written statement by the administrator of the8690
institution in which a person had been hospitalized,8691
institutionalized, or confined pursuant to or under authority of8692
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8693
2945.402 of the Revised Code alleging that the person has escaped8694
from the premises of the institution in violation of section8695
2921.34 of the Revised Code constitutes reasonable ground to8696
believe that the violation was committed and reasonable cause to8697
believe that the person alleged in the statement to have committed8698
the offense is guilty of the violation.8699

       (G) As used in this section:8700

       (1) A "department of mental health special police officer"8701
means a special police officer of the department of mental health8702
designated under section 5119.14 of the Revised Code who is8703
certified by the Ohio peace officer training commission under8704
section 109.77 of the Revised Code as having successfully8705
completed an approved peace officer basic training program.8706

       (2) A "department of mental retardation and developmental8707
disabilities special police officer" means a special police8708
officer of the department of mental retardation and developmental8709
disabilities designated under section 5123.13 of the Revised Code8710
who is certified by the Ohio peace officer training council under8711
section 109.77 of the Revised Code as having successfully8712
completed an approved peace officer basic training program.8713

       (3) "Deadly weapon" has the same meaning as in section8714
2923.11 of the Revised Code.8715

       (4) "Family or household member" has the same meaning as in8716
section 2919.25 of the Revised Code.8717

       (5) "Street" or "highway" has the same meaning as in section8718
4511.01 of the Revised Code.8719

       (6) "Interstate system" has the same meaning as in section8720
5516.01 of the Revised Code.8721

       (7) "Peace officer of the department of natural resources"8722
means an employee of the department of natural resources who is a8723
natural resources law enforcement staff officer designated8724
pursuant to section 1501.013, a forest officer designated pursuant8725
to section 1503.29, a preserve officer designated pursuant to8726
section 1517.10, a wildlife officer designated pursuant to section8727
1531.13, a park officer designated pursuant to section 1541.10, or8728
a state watercraft officer designated pursuant to section 1547.5218729
of the Revised Code.8730

       Sec. 2935.27.  (A)(1) If a law enforcement officer issues a8731
citation to a person pursuant to section 2935.26 of the Revised8732
Code and if the minor misdemeanor offense for which the citation8733
is issued is an act prohibited by Chapter 4511., 4513., or 4549.8734
of the Revised Code or an act prohibited by any municipal8735
ordinance that is substantially similar to any section contained8736
in Chapter 4511., 4513., or 4549. of the Revised Code, the officer8737
shall inform the person, if the person has a current valid Ohio8738
driver's or commercial driver's license, of the possible8739
consequences of the person's actions as required under division8740
(E) of this section, and also shall inform the person that the8741
person is required either to appear at the time and place stated8742
in the citation or to comply with division (C) of section 2935.268743
of the Revised Code.8744

       (2) If the person is an Ohio resident whobut does not have8745
a current valid Ohio driver's or commercial driver's license or if8746
the person is a resident of a state that is not a member of the8747
nonresident violator compact, of which this state is a member8748
pursuant to section 4511.954510.71 of the Revised Code, the8749
officer shall bring the person before the court with which the8750
citation is required to be filed,by local rule, may prescribe a8751
procedure for the setting of a reasonable security by the court8752
pursuant to division (F) of this section. As an alternative to8753
this procedure, that court by local rule may prescribe a procedure8754
for the setting of a reasonable security by the person without the8755
person appearing before the court.8756

       (B) A person who appears before a court to havehas security8757
set under division (A)(2) of this section shall be given a receipt8758
or other evidence of the deposit of the security by the court.8759

       (C) Upon compliance with division (C) of section 2935.26 of8760
the Revised Code by a person who was issued a citation, the clerk8761
of the court shall notify the court. The court shall immediately8762
return any sum of money, license, or other security deposited in8763
relation to the citation to the person, or to any other person who8764
deposited the security.8765

       (D) If a person who has a current valid Ohio driver's or8766
commercial driver's license and who was issued a citation fails to8767
appear at the time and place specified on the citation, fails to8768
comply with division (C) of section 2935.26 of the Revised Code,8769
or fails to comply with or satisfy any judgment of the court8770
within the time allowed by the court, the court shall declare the8771
forfeituresuspension of the person's license. Thirty days after8772
the declaration of forfeiture, the court shall enter information8773
relative to the forfeituresuspension on a form approved and8774
furnished by the registrar of motor vehicles, and forward the form8775
to the registrar. The registrar shall suspend the person's8776
driver's or commercial driver's license, send written notification8777
of the suspension to the person at the person's last known8778
address, and order the person to surrender the person's driver's8779
or commercial driver's license to the registrar within forty-eight8780
hours. No valid driver's or commercial driver's license shall be8781
granted to the person until the court having jurisdiction of the8782
offense that led to the suspension orders that the forfeiture8783
suspension be terminated. The court shall so order if the person,8784
after having failed to appear in court at the required time and8785
place to answer the charge or after having pleaded guilty to or8786
been found guilty of the violation and having failed within the8787
time allowed by the court to pay the fine imposed by the court,8788
thereafter appears to answer the charge and pays any fine imposed8789
by the court or pays the fine originally imposed by the court. The8790
court shall inform the registrar of the termination of the8791
forfeituresuspension by entering information relative to the8792
termination on a form approved and furnished by the registrar and8793
sending the form to the registrar as provided in this division. 8794
The court also shall charge and collect from the person shall pay8795
to the bureau of motor vehicles a fifteen-dollar processing fee to8796
cover the costs of the bureau of motor vehicles in administering8797
this section. The clerk of the court shall transmit monthly all8798
such processing fees to the registrar forshall deposit the fees8799
so paid into the state bureau of motor vehicles fund created by8800
section 4501.25 of the Revised Code.8801

       In addition, upon receipt of the copy of the declaration of8802
forfeituresuspension from the court, neither the registrar nor8803
any deputy registrar shall accept any application for the8804
registration or transfer of registration of any motor vehicle8805
owned or leased by the person named in the declaration of8806
forfeituresuspension until the court having jurisdiction of the8807
offense that led to the forfeituresuspension orders that the8808
forfeituresuspension be terminated. However, for a motor vehicle8809
leased by a person named in a declaration of forfeiture8810
suspension, the registrar shall not implement the preceding8811
sentence until the registrar adopts procedures for that8812
implementation under section 4503.39 of the Revised Code. Upon8813
receipt by the registrar of an order terminating the forfeiture8814
suspension, the registrar shall take such measures as may be8815
necessary to permit the person to register a motor vehicle owned8816
or leased by the person or to transfer the registration of such a8817
motor vehicle, if the person later makes application to take such8818
action and the person otherwise is eligible to register the motor8819
vehicle or to transfer the registration of it.8820

       The registrar is not required to give effect to any8821
declaration of forfeituresuspension or order terminating a8822
forfeituresuspension unless the order is transmitted to the8823
registrar by means of an electronic transfer system.8824

       If the person who was issued the citation fails to appear at8825
the time and place specified on the citation and fails to comply8826
with division (C) of section 2935.26 of the Revised Code and the8827
person has deposited a sum of money or other security in relation8828
to the citation under division (A)(2) of this section, the deposit8829
immediately shall be forfeited to the court.8830

       This section does not preclude further action as authorized8831
by division (F) of section 2935.26 of the Revised Code.8832

       (E) A law enforcement officer who issues a person a minor8833
misdemeanor citation for an act prohibited by Chapter 4511.,8834
4513., or 4549. of the Revised Code or an act prohibited by a8835
municipal ordinance that is substantially similar to any section8836
contained in Chapter 4511., 4513., or 4549. of the Revised Code8837
shall inform the person that if the person does not appear at the8838
time and place stated on the citation or does not comply with8839
division (C) of section 2935.26 of the Revised Code, the person's8840
driver's or commercial driver's license will be suspended, the8841
person will not be eligible for the reissuance of the license or8842
the issuance of a new license or the issuance of a certificate of8843
registration for a motor vehicle owned or leased by the person,8844
until the person appears and complies with all orders of the8845
court. The person also is subject to any applicable criminal8846
penalties.8847

       (F) A court setting security under division (A)(2) of this8848
section shall do so in conformity with sections 2937.22 and8849
2937.23 of the Revised Code and the Rules of Criminal Procedure.8850

       Sec. 2937.221.  (A) A person arrested without warrant for8851
any violation listed in division (B) of this section, and having a8852
current valid Ohio driver's or commercial driver's license, if the8853
person has been notified of the possible consequences of the8854
person's actions as required by division (C) of this section, may8855
post bond by depositing the license with the arresting officer if8856
the officer and person so choose, or with the local court having8857
jurisdiction if the court and person so choose. The license may8858
be used as bond only during the period for which it is valid.8859

       When an arresting officer accepts the driver's or commercial8860
driver's license as bond, the officer shall note the date, time,8861
and place of the court appearance on "the violator's notice to8862
appear," and the notice shall serve as a valid Ohio driver's or8863
commercial driver's license until the date and time appearing8864
thereon. The arresting officer immediately shall forward the8865
license to the appropriate court.8866

       When a local court accepts the license as bond or continues8867
the case to another date and time, it shall provide the person8868
with a card in a form approved by the registrar of motor vehicles8869
setting forth the license number, name, address, the date and time8870
of the court appearance, and a statement that the license is being8871
held as bond. The card shall serve as a valid license until the8872
date and time contained in the card.8873

       The court may accept other bond at any time and return the8874
license to the person. The court shall return the license to the8875
person when judgment is satisfied, including, but not limited to,8876
compliance with any court orders, unless a suspension or8877
revocationcancellation is part of the penalty imposed.8878

       Neither "the violator's notice to appear" nor a court-8879
granted card shall continue driving privileges beyond the8880
expiration date of the license.8881

       If the person arrested fails to appear in court at the date8882
and time set by the court or fails to satisfy the judgment of the8883
court, including, but not limited to, compliance with all court8884
orders within the time allowed by the court, the court may declare8885
the forfeiture ofimpose a class seven suspension of the person's8886
license from the range specified in division (A)(7) of section8887
4510.02 of the Revised Code. Thirty days after the declaration of8888
forfeituresuspension, the court shall forward the person's8889
license to the registrar. The court also shall enter information8890
relative to the forfeituresuspension on a form approved and8891
furnished by the registrar and send the form to the registrar, who8892
and the registrar shall suspend the license and send written8893
notification of the suspension to the person at the person's last8894
known address. No valid driver's or commercial driver's license8895
shall be granted to the person until the expiration of the period8896
of the suspension or, prior to the expiration of that period, the8897
court having jurisdiction orders that the forfeiture besuspension8898
is terminated. TheIf the court terminates the suspension, the8899
court shall inform the registrar of the termination of the8900
forfeiture by entering information relative to the termination on8901
a form approved and furnished by the registrar and sending the8902
form to the registrar. The court also shall charge and collect8903
fromUpon the expiration or termination of the suspension, the8904
person shall pay to the bureau of motor vehicles a processing fee8905
of fifteen dollars to cover the costs of the bureau of motor8906
vehicles in administering this section. The clerk of the court8907
shall transmit monthly all such processing fees to the registrar8908
forshall deposit the fees so paid into the state bureau of motor8909
vehicles fund created by section 4501.25 of the Revised Code.8910

       In addition, upon receipt from the court of the copy of the8911
declaration of forfeituresuspension, neither the registrar nor8912
any deputy registrar shall accept any application for the8913
registration or transfer of registration of any motor vehicle8914
owned by or leased in the name of the person named in the8915
declaration of forfeituresuspension until the expiration of the8916
period of the suspension or, prior to the expiration of that8917
period, the court having jurisdiction over the offense that led to8918
the suspension issues an order terminating the forfeiture8919
suspension. However, for a motor vehicle leased in the name of a8920
person named in a declaration of forfeituresuspension, the8921
registrar shall not implement the preceding sentence until the8922
registrar adopts procedures for that implementation under section8923
4503.39 of the Revised Code. Upon the expiration of the8924
suspension or upon receipt by the registrar of such an order8925
terminating the suspension, the registrar also shall take suchthe8926
measures as may be necessary to permit the person to register a8927
motor vehicle the person owns or leases or to transfer the8928
registration of such a motor vehicle the person owns or leases if8929
the person later makes a proper application and otherwise is8930
eligible to be issued or to transfer a motor vehicle registration.8931

       (B) Division (A) of this section applies to persons arrested8932
for violation of:8933

       (1) Any of the provisions of Chapter 4511. or 4513. of the8934
Revised Code, except sections 4511.19, 4511.20, 4511.251, and8935
4513.36 of the Revised Code;8936

       (2) Any municipal ordinance substantially similar to a8937
section included in division (B)(1) of this section;8938

       (3) Any bylaw, rule, or regulation of the Ohio turnpike8939
commission substantially similar to a section included in division8940
(B)(1) of this section.8941

       Division (A) of this section does not apply to those persons8942
issued a citation for the commission of a minor misdemeanor under8943
section 2935.26 of the Revised Code.8944

       (C) No license shall be accepted as bond by an arresting8945
officer or by a court under this section until the officer or8946
court has notified the person that, if the person deposits the8947
license with the officer or court and either does not appear on8948
the date and at the time set by the officer or the court, if the8949
court sets a time, or does not satisfy any judgment rendered,8950
including, but not limited to, compliance with all court orders,8951
the license will be suspended, and the person will not be eligible8952
for reissuance of the license or issuance of a new license, or the8953
issuance of a certificate of registration for a motor vehicle8954
owned or leased by the person until the person appears and8955
complies with any order issued by the court. The person also is8956
subject to any criminal penalties that may apply to the person.8957

       Sec. 2937.222.  (A) On the motion of the prosecuting8958
attorney or on the judge's own motion, the judge shall hold a8959
hearing to determine whether an accused person charged with8960
aggravated murder when it is not a capital offense, murder, a8961
felony of the first or second degree, a violation of section8962
2903.06 of the Revised Code, a violation of section 2903.211 of8963
the Revised Code that is a felony, or a felony OMVIOVI offense8964
shall be denied bail. The judge shall order that the accused be8965
detained until the conclusion of the hearing. Except for good8966
cause, a continuance on the motion of the state shall not exceed8967
three court days. Except for good cause, a continuance on the8968
motion of the accused shall not exceed five court days unless the8969
motion of the accused waives in writing the five-day limit and8970
states in writing a specific period for which the accused requests8971
a continuance. A continuance granted upon a motion of the accused8972
that waives in writing the five-day limit shall not exceed five8973
court days after the period of continuance requested in the8974
motion.8975

       At the hearing, the accused has the right to be represented8976
by counsel and, if the accused is indigent, to have counsel8977
appointed. The judge shall afford the accused an opportunity to8978
testify, to present witnesses and other information, and to8979
cross-examine witnesses who appear at the hearing. The rules8980
concerning admissibility of evidence in criminal trials do not8981
apply to the presentation and consideration of information at the8982
hearing. Regardless of whether the hearing is being held on the8983
motion of the prosecuting attorney or on the court's own motion,8984
the state has the burden of proving that the proof is evident or8985
the presumption great that the accused committed the offense with8986
which the accused is charged, of proving that the accused poses a8987
substantial risk of serious physical harm to any person or to the8988
community, and of proving that no release conditions will8989
reasonably assure the safety of that person and the community.8990

       The judge may reopen the hearing at any time before trial if8991
the judge finds that information exists that was not known to the8992
movant at the time of the hearing and that that information has a8993
material bearing on whether bail should be denied. If a municipal8994
court or county court enters an order denying bail, a judge of the8995
court of common pleas having jurisdiction over the case may8996
continue that order or may hold a hearing pursuant to this section8997
to determine whether to continue that order.8998

       (B) No accused person shall be denied bail pursuant to this8999
section unless the judge finds by clear and convincing evidence9000
that the proof is evident or the presumption great that the9001
accused committed the offense described in division (A) of this9002
section with which the accused is charged, finds by clear and9003
convincing evidence that the accused poses a substantial risk of9004
serious physical harm to any person or to the community, and finds9005
by clear and convincing evidence that no release conditions will9006
reasonably assure the safety of that person and the community.9007

       (C) The judge, in determining whether the accused person9008
described in division (A) of this section poses a substantial risk9009
of serious physical harm to any person or to the community and9010
whether there are conditions of release that will reasonably9011
assure the safety of that person and the community, shall consider9012
all available information regarding all of the following:9013

       (1) The nature and circumstances of the offense charged,9014
including whether the offense is an offense of violence or9015
involves alcohol or a drug of abuse;9016

       (2) The weight of the evidence against the accused;9017

       (3) The history and characteristics of the accused,9018
including, but not limited to, both of the following:9019

       (a) The character, physical and mental condition, family9020
ties, employment, financial resources, length of residence in the9021
community, community ties, past conduct, history relating to drug9022
or alcohol abuse, and criminal history of the accused;9023

       (b) Whether, at the time of the current alleged offense or9024
at the time of the arrest of the accused, the accused was on9025
probation, parole, post-release control, or other release pending9026
trial, sentencing, appeal, or completion of sentence for the9027
commission of an offense under the laws of this state, another9028
state, or the United States or under a municipal ordinance.9029

       (4) The nature and seriousness of the danger to any person9030
or the community that would be posed by the person's release.9031

       (D)(1) An order of the court of common pleas denying bail9032
pursuant to this section is a final appealable order. In an9033
appeal pursuant to division (D) of this section, the court of9034
appeals shall do all of the following:9035

       (a) Give the appeal priority on its calendar;9036

       (b) Liberally modify or dispense with formal requirements in9037
the interest of a speedy and just resolution of the appeal;9038

       (c) Decide the appeal expeditiously;9039

       (d) Promptly enter its judgment affirming or reversing the9040
order denying bail.9041

       (2) The pendency of an appeal under this section does not9042
deprive the court of common pleas of jurisdiction to conduct9043
further proceedings in the case or to further consider the order9044
denying bail in accordance with this section. If, during the9045
pendency of an appeal under division (D) of this section, the9046
court of common pleas sets aside or terminates the order denying9047
bail, the court of appeals shall dismiss the appeal.9048

       (E) As used in this section:9049

       (1) "Court day" has the same meaning as in section 5122.019050
of the Revised Code.9051

       (2) "Felony OMVIOVI offense" means a third degree felony9052
OMVIOVI offense and a fourth degree felony OMVIOVI offense.9053

       (3) "Fourth degree felony OMVIOVI offense" and "third9054
degree felony OMVIOVI offense" have the same meanings as in9055
section 2929.01 of the Revised Code.9056

       Sec. 2937.46. (A) The supreme court of Ohio may, in the9057
interest of uniformity of procedure in the various courts, and for9058
the purpose of promoting prompt and efficient disposition of cases9059
arising under the traffic laws of this state and related9060
ordinances, makesmay make uniform rules for practice and9061
procedure in courts inferior to the court of common pleas not9062
inconsistent with the provisions of Chapter 2937. of the Revised9063
Code, including, but not limited to:9064

       (A)(1) Separation of arraignment and trial of traffic and9065
other types of cases;9066

       (B)(2) Consolidation of cases for trial;9067

       (C)(3) Transfer of cases within the same county for the9068
purpose of trial;9069

       (D)(4) Designation of special referees for hearings or for9070
receiving pleas or bail at times when courts are not in session;9071

       (E)(5) Fixing of reasonable bonds, and disposition of cases9072
in which bonds have been forfeited.9073

       All of said(B)Except as otherwise specified in division (K)9074
of section 4511.19 of the Revised Code, all of the rules described9075
in division (A) of this section, when promulgated by the supreme9076
court, shall be fully binding on all courts inferior to the court9077
of common pleas and on the court of common pleas in relation to9078
felony violations of division (A) of section 4511.19 of the9079
Revised Code and shall effect a cancellation of any local court9080
rules inconsistent therewithwith the supreme court's rules.9081

       Sec. 2937.99.  (A) No person shall fail to appear as9082
required, after having been released pursuant to section 2937.299083
of the Revised Code. Whoever violates this section is guilty of9084
failure to appear and shall be punished as set forth in division9085
(B) or (C) of this section.9086

       (B) If the release was in connection with a charge of the9087
commission of a felony charge or pending appeal after conviction9088
of a felony, failure to appear is a felony of the fourth degree.9089

       (C) If the release was in connection with a charge of the9090
commission of a misdemeanor charge or for appearance as a witness,9091
failure to appear is a misdemeanor of the first degree.9092

       (D) This section does not apply to misdemeanors and related9093
ordinance offenses arising under Chapters 4501., 4503., 4505.,9094
4507., 4509., 4510., 4511., 4513., 4517., 4549., and 5577. of the9095
Revised Code, except that this section does apply to violations of9096
sections 4511.19, 4549.02, and 4549.021 of the Revised Code and9097
ordinance offenses related to sections 4511.19, 4549.02, and9098
4549.021 of the Revised Code.9099

       Sec. 2951.02.  (A)(1) In determining whether to suspend a9100
sentence of imprisonment imposed upon an offender for a9101
misdemeanor and place the offender on probation or whether to9102
otherwise suspend a sentence of imprisonment imposed upon an9103
offender for a misdemeanor pursuant to division (A) of section9104
2929.51 of the Revised Code, the court shall consider the risk9105
that the offender will commit another offense and the need for9106
protecting the public from the risk, the nature and circumstances9107
of the offense, and the history, character, and condition of the9108
offender.9109

       (2) An offender who has been convicted of or pleaded guilty9110
to a misdemeanor shall not be placed on probation and shall not9111
otherwise have the sentence of imprisonment imposed upon the9112
offender suspended pursuant to division (A) of section 2929.51 of9113
the Revised Code if either of the following applies:9114

       (a) The offender is a repeat or dangerous offender.9115

       (b) The misdemeanor offense involved was not a violation of9116
section 2923.12 of the Revised Code and was committed while the9117
offender was armed with a firearm or dangerous ordnance.9118

       (B) The following do not control the court's discretion but9119
the court shall consider them in favor of placing an offender who9120
has been convicted of or pleaded guilty to a misdemeanor on9121
probation or in favor of otherwise suspending the offender's9122
sentence of imprisonment pursuant to division (A) of section9123
2929.51 of the Revised Code:9124

       (1) The offense neither caused nor threatened serious harm9125
to persons or property, or the offender did not contemplate that9126
it would do so.9127

       (2) The offense was the result of circumstances unlikely to9128
recur.9129

       (3) The victim of the offense induced or facilitated it.9130

       (4) There are substantial grounds tending to excuse or9131
justify the offense, though failing to establish a defense.9132

       (5) The offender acted under strong provocation.9133

       (6) The offender has no history of prior delinquency or9134
criminal activity, or has led a law-abiding life for a substantial9135
period before commission of the present offense.9136

       (7) The offender is likely to respond affirmatively to9137
probationary or other court-imposed treatment.9138

       (8) The character and attitudes of the offender indicate9139
that the offender is unlikely to commit another offense.9140

       (9) The offender has made or will make restitution or9141
reparation to the victim of the offender's offense for the injury,9142
damage, or loss sustained.9143

       (10) Imprisonment of the offender will entail undue hardship9144
to the offender or the offender's dependents.9145

       (C)(1) When an offender who has been convicted of or pleaded9146
guilty to a misdemeanor is placed on probation or the sentence of9147
that type of offender otherwise is suspended pursuant to division9148
(A) of section 2929.51 of the Revised Code, the probation or other9149
suspension shall be at least on condition that, during the period9150
of probation or other suspension, the offender shall abide by the9151
law and shall not leave the state without the permission of the9152
court or the offender's probation officer. In the interests of9153
doing justice, rehabilitating the offender, and ensuring the9154
offender's good behavior, the court may impose additional9155
requirements on the offender. Compliance with the additional9156
requirements imposed under this division also shall be a condition9157
of the offender's probation or other suspension. The additional9158
requirements so imposed may include, but shall not be limited to,9159
any of the following:9160

       (a) A requirement that the offender make restitution9161
pursuant to section 2929.21 of the Revised Code for all or part of9162
the property damage that is caused by the offender's offense and9163
for all or part of the value of the property that is the subject9164
of any theft offense that the offender committed;9165

       (b) If the offense is a violation of section 2919.25 or a9166
violation of section 2903.13 of the Revised Code involving a9167
person who was a family or household member at the time of the9168
violation, if the offender committed the offense in the vicinity9169
of one or more children who are not victims of the offense, and if9170
the offender or the victim of the offense is a parent, guardian,9171
custodian, or person in loco parentis of one or more of those9172
children, a requirement that the offender obtain counseling. This9173
division does not limit the court in imposing a requirement that9174
the offender obtain counseling for any offense or in any9175
circumstance not specified in this division.9176

       (c) A requirement that the offender not ingest or be9177
injected with a drug of abuse and submit to random drug testing9178
and requiring that the results of the drug test indicate that the9179
offender did not ingest or was not injected with a drug of abuse.9180
If the court requires the offender to submit to random drug9181
testing under division (C)(1)(c) of this section, the county9182
department of probation, the multicounty department of probation,9183
or the adult parole authority, as appropriate, that has general9184
control and supervision of offenders who are on probation or other9185
suspension or are under a nonresidential sanction, shall cause the9186
offender to submit to random drug testing pursuant to section9187
2951.05 of the Revised Code.9188

       (2) During the period of a misdemeanor offender's probation9189
or other suspension or during the period of a felon's9190
nonresidential sanction, authorized probation officers who are9191
engaged within the scope of their supervisory duties or9192
responsibilities may search, with or without a warrant, the person9193
of the offender, the place of residence of the offender, and a9194
motor vehicle, another item of tangible or intangible personal9195
property, or other real property in which the offender has a9196
right, title, or interest or for which the offender has the9197
express or implied permission of a person with a right, title, or9198
interest to use, occupy, or possess if the probation officers have9199
reasonable grounds to believe that the offender is not abiding by9200
the law or otherwise is not complying with the conditions of the9201
offender's probation or other suspension or the conditions of the9202
offender's nonresidential sanction. If a felon who is sentenced9203
to a nonresidential sanction is under the general control and9204
supervision of the adult parole authority, as described in9205
division (A)(2)(a) of section 2929.15 of the Revised Code, adult9206
parole authority field officers with supervisory responsibilities9207
over the felon shall have the same search authority relative to9208
the felon during the period of the sanction as is described under9209
this division for probation officers. The court that places the9210
offender on probation or suspends the misdemeanor offender's9211
sentence of imprisonment pursuant to division (D)(2) or (4) of9212
section 2929.51 of the Revised Code or that sentences the felon to9213
a nonresidential sanction pursuant to section 2929.17 of the9214
Revised Code shall provide the offender with a written notice that9215
informs the offender that authorized probation officers or adult9216
parole authority field officers with supervisory responsibilities9217
over the offender who are engaged within the scope of their9218
supervisory duties or responsibilities may conduct those types of9219
searches during the period of probation or other suspension or9220
during the period of the nonresidential sanction if they have9221
reasonable grounds to believe that the offender is not abiding by9222
the law or otherwise is not complying with the conditions of the9223
offender's probation or other suspension or the conditions of the9224
offender's nonresidential sanction.9225

       (D) The following do not control the court's discretion but9226
the court shall consider them against placing an offender who has9227
been convicted of or pleaded guilty to a misdemeanor on probation9228
and against otherwise suspending the offender's sentence of9229
imprisonment pursuant to division (A) of section 2929.51 of the9230
Revised Code:9231

       (1) The offender recently violated the conditions of pardon,9232
post-release control pursuant to section 2967.28 of the Revised9233
Code, or a probation or suspension pursuant to division (A) of9234
section 2929.51 of the Revised Code, previously granted the9235
offender.9236

       (2) There is a substantial risk that, while at liberty9237
during the period of probation or other suspension, the offender9238
will commit another offense.9239

       (3) The offender is in need of correctional or9240
rehabilitative treatment that can be provided best by the9241
offender's commitment to a locally governed and operated9242
residential facility.9243

       (4) Regardless of whether the offender knew the age of the9244
victim, the victim of the offense was sixty-five years of age or9245
older or permanently and totally disabled at the time of the9246
commission of the offense.9247

       (E) The criteria listed in divisions (B) and (D) of this9248
section shall not be construed to limit the matters that may be9249
considered in determining whether to suspend sentence of9250
imprisonment and place an offender who has been convicted of or9251
pleaded guilty to a misdemeanor on probation or whether to9252
otherwise suspend the offender's sentence of imprisonment pursuant9253
to division (A) of section 2929.51 of the Revised Code.9254

       (F)(1) When an offender is convicted of or pleads guilty to9255
a misdemeanor, the court may require the offender, as a condition9256
of probation or as a condition of otherwise suspending the9257
offender's sentence pursuant to division (A) of section 2929.51 of9258
the Revised Code, in addition to the conditions of probation or9259
other suspension imposed pursuant to division (C) of this section,9260
to perform supervised community service work under the authority9261
of health districts, park districts, counties, municipal9262
corporations, townships, other political subdivisions of the9263
state, or agencies of the state or any of its political9264
subdivisions, or under the authority of charitable organizations9265
that render services to the community or its citizens, in9266
accordance with this division. Supervised community service work9267
shall not be required as a condition of probation or other9268
suspension under this division unless the offender agrees to9269
perform the work offered as a condition of probation or other9270
suspension by the court. The court may require an offender who9271
agrees to perform the work to pay to it a reasonable fee to cover9272
the costs of the offender's participation in the work, including,9273
but not limited to, the costs of procuring a policy or policies of9274
liability insurance to cover the period during which the offender9275
will perform the work.9276

       A court may permit any offender convicted of a misdemeanor to9277
satisfy the payment of a fine imposed for the offense by9278
performing supervised community service work as described in this9279
division if the offender requests an opportunity to satisfy the9280
payment by this means and if the court determines the offender is9281
financially unable to pay the fine.9282

       The supervised community service work that may be imposed9283
under this division shall be subject to the following limitations:9284

       (a) The court shall fix the period of the work and, if9285
necessary, shall distribute it over weekends or over other9286
appropriate times that will allow the offender to continue at the9287
offender's occupation or to care for the offender's family. The9288
period of the work as fixed by the court shall not exceed an9289
aggregate of two hundred hours.9290

       (b) An agency, political subdivision, or charitable9291
organization must agree to accept the offender for the work before9292
the court requires the offender to perform the work for the9293
entity. A court shall not require an offender to perform9294
supervised community service work for an agency, political9295
subdivision, or charitable organization at a location that is an9296
unreasonable distance from the offender's residence or domicile,9297
unless the offender is provided with transportation to the9298
location where the work is to be performed.9299

       (c) A court may enter into an agreement with a county9300
department of job and family services for the management,9301
placement, and supervision of offenders eligible for community9302
service work in work activities, developmental activities, and9303
alternative work activities under sections 5107.40 to 5107.69 of9304
the Revised Code. If a court and a county department of job and9305
family services have entered into an agreement of that nature, the9306
clerk of that court is authorized to pay directly to the county9307
department all or a portion of the fees collected by the court9308
pursuant to this division in accordance with the terms of its9309
agreement.9310

       (d) Community service work that a court requires under this9311
division shall be supervised by an official of the agency,9312
political subdivision, or charitable organization for which the9313
work is performed or by a person designated by the agency,9314
political subdivision, or charitable organization. The official9315
or designated person shall be qualified for the supervision by9316
education, training, or experience, and periodically shall report,9317
in writing, to the court and to the offender's probation officer9318
concerning the conduct of the offender in performing the work.9319

       (2) When an offender is convicted of a felony, the court may9320
impose pursuant to sections 2929.15 and 2929.17 of the Revised9321
Code a sanction that requires the offender to perform supervised9322
community service work in accordance with this division and under9323
the authority of any agency, political subdivision, or charitable9324
organization as described in division (F)(1) of this section. The9325
court may require an offender who is ordered to perform the work9326
to pay to it a reasonable fee to cover the costs of the offender's9327
participation in the work, including, but not limited to, the9328
costs of procuring a policy or policies of liability insurance to9329
cover the period during which the offender will perform the work.9330

       A court may permit an offender convicted of a felony to9331
satisfy the payment of a fine imposed for the offense pursuant to9332
section 2929.18 of the Revised Code by performing supervised9333
community service work as described in this division if the court9334
determines that the offender is financially unable to pay the9335
fine.9336

       The supervised community service work that may be imposed9337
under this division shall be subject to the limitations specified9338
in divisions (F)(1)(a) to (d) of this section, except that the9339
court is not required to obtain the agreement of the offender to9340
impose supervised community work as a sanction. Additionally, the9341
total of any period of supervised community service work imposed9342
on an offender under this division plus the period of all other9343
sanctions imposed pursuant to sections 2929.15, 2929.16, 2929.17,9344
and 2929.18 of the Revised Code shall not exceed five years.9345

       (G)(1) When an offender is convicted of a violation of9346
section 4511.19 of the Revised Code, a municipal ordinance9347
relating to operating a vehicle while under the influence of9348
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a9349
municipal ordinance relating to operating a vehicle with a9350
prohibited concentration of alcohol in the blood, breath, or9351
urine, the court may require, as a condition of probation in9352
addition to the required conditions of probation and the9353
discretionary conditions of probation that may be imposed pursuant9354
to division (C) of this section, any suspension or revocation of a9355
driver's or commercial driver's license or permit or nonresident9356
operating privilege, and all other penalties provided by law or by9357
ordinance, that the offender operate only a motor vehicle equipped9358
with an ignition interlock device that is certified pursuant to9359
section 4511.834510.43 of the Revised Code.9360

       (2) When a court requires an offender, as a condition of9361
probation pursuant to division (G)(1) of this section, to operate9362
only a motor vehicle equipped with an ignition interlock device9363
that is certified pursuant to section 4511.834510.43 of the9364
Revised Code, the offender immediately shall surrender the9365
offender's driver's or commercial driver's license or permit to9366
the court. Upon the receipt of the offender's license or permit,9367
the court shall issue an order authorizing the offender to operate9368
a motor vehicle equipped with a certified ignition interlock9369
device, deliver the offender's license or permit to the bureau of9370
motor vehicles, and include in the abstract of the case forwarded9371
to the bureau pursuant to section 4507.0214510.036 of the Revised9372
Code the conditions of probation imposed pursuant to division9373
(G)(1) of this section. The court shall give the offender a copy9374
of its order, and that copy shall be used by the offender in lieu9375
of a driver's or commercial driver's license or permit until the9376
bureau issues a restricted license to the offender.9377

       (3) Upon receipt of an offender's driver's or commercial9378
driver's license or permit pursuant to division (G)(2) of this9379
section, the bureau of motor vehicles shall issue a restricted9380
license to the offender. The restricted license shall be9381
identical to the surrendered license, except that it shall have9382
printed on its face a statement that the offender is prohibited9383
from operating a motor vehicle that is not equipped with an9384
ignition interlock device that is certified pursuant to section9385
4511.834510.43 of the Revised Code. The bureau shall deliver the9386
offender's surrendered license or permit to the court upon receipt9387
of a court order requiring it to do so, or reissue the offender's9388
license or permit under section 4507.544510.52 of the Revised9389
Code if the registrar destroyed the offender's license or permit9390
under that section. The offender shall surrender the restricted9391
license to the court upon receipt of the offender's surrendered9392
license or permit.9393

       (4) If an offender violates a requirement of the court9394
imposed under division (G)(1) of this section, the court may9395
impose a class seven suspension of the offender's driver's or9396
commercial driver's license or permit or nonresident operating9397
privilege may be suspended as provided infrom the range specified9398
in division (A)(7) of section 4507.164510.02 of the Revised Code.9399
On a second or subsequent violation, the court may impose a class9400
four suspension of the offender's driver's or commercial driver's9401
license or permit or nonresident operating privilege from the9402
range specified in division (A)(4) of section 4510.02 of the9403
Revised Code.9404

       (H) As used in this section:9405

       (1) "Repeat offender" and "dangerous offender" have the same9406
meanings as in section 2935.36 of the Revised Code.9407

       (2) "Firearm" and "dangerous ordnance" have the same9408
meanings as in section 2923.11 of the Revised Code.9409

       (3) "Theft offense" has the same meaning as in section9410
2913.01 of the Revised Code.9411

       (4) "Random drug testing" has the same meaning as in section9412
5120.63 of the Revised Code.9413

       (5) "Ignition interlock device" has the same meaning as in9414
section 4511.834510.01 of the Revised Code.9415

       Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the9416
Revised Code:9417

       (A) "First offender" means anyone who has been convicted of9418
an offense in this state or any other jurisdiction and who9419
previously or subsequently has not been convicted of the same or a9420
different offense in this state or any other jurisdiction. When9421
two or more convictions result from or are connected with the same9422
act or result from offenses committed at the same time, they shall9423
be counted as one conviction. When two or three convictions9424
result from the same indictment, information, or complaint, from9425
the same plea of guilty, or from the same official proceeding, and9426
result from related criminal acts that were committed within a9427
three-month period but do not result from the same act or from9428
offenses committed at the same time, they shall be counted as one9429
conviction, provided that a court may decide as provided in9430
division (C)(1)(a) of section 2953.32 of the Revised Code that it9431
is not in the public interest for the two or three convictions to9432
be counted as one conviction.9433

       For purposes of, and except as otherwise provided in, this9434
division, a conviction for a minor misdemeanor, a conviction for a9435
violation of any section in Chapter 4507.,4510., 4511., 4513., or9436
4549. of the Revised Code, or a conviction for a violation of a9437
municipal ordinance that is substantially similar to any section9438
in those chapters is not a previous or subsequent conviction. A9439
However, a conviction for a violation of section 4511.19,9440
4511.192, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or9441
4549.07 or sections 4549.41 to 4549.46 of the Revised Code, or a9442
convictionfor a violation of section 4510.11 or 4510.14 of the9443
Revised Code that is based upon the offender's operation of a9444
vehicle during a suspension imposed under section 4511.191 or9445
4511.196 of the Revised Code, for a violation of a substantially9446
equivalent municipal ordinance that is substantially similar to9447
any of those sections, for a felony violation of Title XLV of the9448
Revised Code, or for a violation of a substantially equivalent9449
former law of this state or former municipal ordinance shall be9450
considered a previous or subsequent conviction.9451

       (B) "Prosecutor" means the county prosecuting attorney, city9452
director of law, village solicitor, or similar chief legal9453
officer, who has the authority to prosecute a criminal case in the9454
court in which the case is filed.9455

       (C) "Bail forfeiture" means the forfeiture of bail by a9456
defendant who is arrested for the commission of a misdemeanor,9457
other than a defendant in a traffic case as defined in Traffic9458
Rule 2, if the forfeiture is pursuant to an agreement with the9459
court and prosecutor in the case.9460

       (D) "Official records" has the same meaning as in division9461
(D) of section 2953.51 of the Revised Code.9462

       (E) "Official proceeding" has the same meaning as in section9463
2921.01 of the Revised Code.9464

       Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised9465
Code do not apply to any of the following:9466

       (A) Convictions when the offender is subject to a mandatory9467
prison term;9468

       (B) Convictions under section 2907.02, 2907.03, 2907.04,9469
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section9470
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised9471
Code, or a conviction for a violation of a municipal ordinance9472
that is substantially similar to any section contained in any of9473
those chapters;9474

       (C) convictions of an offense of violence when the offense9475
is a misdemeanor of the first degree or a felony and when the9476
offense is not a violation of section 2917.03 of the Revised Code9477
and is not a violation of section 2903.13, 2917.01 or 2917.31 of9478
the Revised Code that is a misdemeanor of the first degree;9479

       (D) Convictions of an offense in circumstances in which the9480
victim of the offense was under eighteen years of age when the9481
offense is a misdemeanor of the first degree or a felony;9482

       (E) Convictions of a felony of the first or second degree;9483

       (F) Bail forfeitures in a traffic case as defined in Traffic9484
Rule 2.9485

       Sec. 3123.55.  Notice shall be sent to the individual9486
described in section 3123.54 of the Revised Code in compliance9487
with section 3121.23 of the Revised Code. The notice shall9488
specify that a court or agency has determined the individual to be9489
in default under a child support order or that the individual is9490
an obligor under a child support order who has failed to comply9491
with a subpoena or warrant issued by a court or agency with9492
respect to a proceeding to enforce a child support order, that a9493
notice containing the individual's name and social security number9494
or other identification number may be sent to the registrar of9495
motor vehicles, and that, if the registrar receives that notice9496
and determines that the individual is the individual named in that9497
notice and the registrar has not received notice under section9498
3123.56 or 3123.57 of the Revised Code, all of the following will9499
occur:9500

       (A) The registrar and all deputy registrars will be9501
prohibited from issuing to the individual a driver's or commercial9502
driver's license, motorcycle operator's license or endorsement, or9503
temporary instruction permit or commercial driver's temporary9504
instruction permit.9505

       (B) The registrar and all deputy registrars will be9506
prohibited from renewing for the individual a driver's or9507
commercial driver's license, motorcycle operator's license or9508
endorsement, or commercial driver's temporary instruction permit.9509

       (C) If the individual holds a driver's or commercial9510
driver's license, motorcycle operator's license or endorsement, or9511
temporary instruction permit or commercial driver's temporary9512
instruction permit, itthe registrar will be suspendedimpose a9513
class F suspension under division (B)(6) of section 4510.02 of the9514
Revised Code if the registrar determines that the individual is9515
the individual named in the notice sent pursuant to section9516
3123.54 of the Revised Code.9517

       (D) If the individual is the individual named in the notice,9518
the individual will not be issued or have renewed any license,9519
endorsement, or permit, and no suspension will be lifted with9520
respect to any license, endorsement, or permit listed in this9521
section until the registrar receives a notice under section9522
3123.56 or 3123.57 of the Revised Code.9523

       Sec. 3123.58. (A) On receipt of a notice pursuant to9524
section 3123.54 of the Revised Code, the registrar of motor9525
vehicles shall determine whether the individual named in the9526
notice holds or has applied for a driver's license or commercial9527
driver's license, motorcycle operator's license or endorsement, or9528
temporary instruction permit or commercial driver's temporary9529
instruction permit. If the registrar determines that the9530
individual holds or has applied for a license, permit, or9531
endorsement and the individual is the individual named in the9532
notice and does not receive a notice pursuant to section 3123.569533
or 3123.57 of the Revised Code, the registrar immediately shall9534
provide notice of the determination to each deputy registrar. The9535
registrar or a deputy registrar may not issue to the individual a9536
driver's or commercial driver's license, motorcycle operator's9537
license or endorsement, or temporary instruction permit or9538
commercial driver's temporary instruction permit and may not renew9539
for the individual a driver's or commercial driver's license,9540
motorcycle operator's license or endorsement, or commercial9541
driver's temporary instruction permit. The registrar or a deputy9542
registrar also shall suspendimpose a class F suspension of the9543
license, permit, or endorsement held by the individual under9544
division (B)(6) of section 4510.02 of the Revised Code.9545

       (B) Prior to the date specified in section 3123.52 of the9546
Revised Code, the registrar of motor vehicles or a deputy9547
registrar shall do only the following with respect to an9548
individual if the registrar makes the determination required under9549
division (A) of this section and no notice is received concerning9550
the individual under section 3123.56 or 3123.57 of the Revised9551
Code:9552

       (1) Refuse to issue or renew the individual's commercial9553
driver's license or commercial driver's temporary instruction9554
permit;9555

       (2) Impose a class F suspension under division (B)(6) of9556
section 4510.02 of the Revised Code on the individual with respect9557
to the license or permit held by the individual.9558


       Sec. 3123.59.  Not later than seven days after receipt of a9560
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,9561
the registrar of motor vehicles shall notify each deputy registrar9562
of the notice. The registrar and each deputy registrar shall9563
then, if the individual otherwise is eligible for the license,9564
permit, or endorsement and wants the license, permit, or9565
endorsement, issue a license, permit, or endorsement to, or renew9566
a license, permit, or endorsement of, the individual, or, if the9567
registrar imposed a class F suspension of the individual's9568
license, permit, or endorsement was suspended pursuant to division9569
(A) of section 3123.58 of the Revised Code, remove the suspension.9570
On and after the date specified in section 3123.52 of the Revised9571
Code, the registrar or a deputy registrar shall remove, after9572
receipt of a notice under section 3123.56 or 3123.57 of the9573
Revised Code, a disqualificationclass F suspension imposed on an9574
individual with respect to a commercial driver's license or9575
commercial driver's temporary instruction permit pursuant to9576
division (B) of section 3123.6113123.58 of the Revised Code. The9577
registrar or a deputy registrar may charge a fee of not more than9578
twenty-five dollars for issuing or renewing or removing the9579
suspension of a license, permit, or for removing a9580
disqualificationendorsement pursuant to this section. The fees9581
collected by the registrar pursuant to this section shall be paid9582
into the state bureau of motor vehicles fund established in9583
section 4501.25 of the Revised Code.9584

       Sec. 3123.613.  Prior to the date specified in section9585
3123.52 of the Revised Code, instead of the notice provisions9586
described in divisions (A), (B), (C), and (D) of section 3123.559587
of the Revised Code, the notice shall specify that all of the9588
following will occur:9589

       (A) The registrar of motor vehicles and all deputy9590
registrars will be prohibited from issuing to, or renewing for,9591
the individual a commercial driver's license or commercial9592
driver's temporary instruction permit.9593

       (B) If the individual holds a commercial driver's license or9594
commercial driver's temporary instruction permit, the registrar9595
will impose a disqualification as defined inclass F suspension9596
under division (B)(6) of section 4506.014510.02 of the Revised9597
Code with respect to the license or permit if the registrar9598
determines that the individual is the individual named in the9599
notice sent pursuant to section 3123.54 of the Revised Code.9600

       (C) If the individual is the individual named in the notice,9601
the individual will not be issued, and the disqualification will9602
not be removed with respect to, any license or permit listed in9603
this section until the registrar receives a notice under section9604
3123.56 or 3123.57 of the Revised Code.9605

       Sec. 3327.10.  (A) No person shall be employed as driver of9606
a school bus or motor van, owned and operated by any school9607
district or educational service center or privately owned and9608
operated under contract with any school district or service center9609
in this state, who has not received a certificate from the9610
educational service center governing board in case such person is9611
employed by a service center or by a local school district under9612
the supervision of the service center governing board, or by the9613
superintendent of schools, in case such person is employed by the9614
board of a city or exempted village school district, certifying9615
that such person is at least eighteen years of age and is of good9616
moral character and is qualified physically and otherwise for such9617
position. The service center governing board or the9618
superintendent, as the case may be, shall provide for an annual9619
physical examination that conforms with rules adopted by the state9620
board of education of each driver to ascertain histhe driver's9621
physical fitness for such employment. Any certificate may be9622
revoked by the authority granting the same on proof that the9623
holder has been guilty of failing to comply with division (D)(1)9624
of this section, or upon a conviction or a guilty plea for a9625
violation, or any other action, that results in a loss or9626
suspension of driving rights. Failure to comply with such9627
division may be cause for disciplinary action or termination of9628
employment under division (C) of section 3319.081, or section9629
124.34 of the Revised Code.9630

       (B) No person shall be employed as driver of a school bus or9631
motor van not subject to the rules of the department of education9632
pursuant to division (A) of this section who has not received a9633
certificate from the school administrator or contractor certifying9634
that such person is at least eighteen years of age, is of good9635
moral character, and is qualified physically and otherwise for9636
such position. Each driver shall have an annual physical9637
examination which conforms to the state highway patrol rules,9638
ascertaining histhe driver's physical fitness for such9639
employment. Any certificate may be revoked by the authority9640
granting the same on proof that the holder has been guilty of9641
failing to comply with division (D)(2) of this section.9642

       (C) Any person who drives a school bus or motor van must9643
give satisfactory and sufficient bond except a driver who is an9644
employee of a school district and who drives a bus or motor van9645
owned by the school district.9646

       (D) No person employed as driver of a school bus or motor9647
van under this section who is convicted of a traffic violation or9648
who has had histhe person's commercial driver's license suspended9649
or revoked shall drive a school bus or motor van until suchthe9650
person has filed a written notice of suchthe conviction,or9651
suspension, or revocation as follows:9652

       (1) If hethe person is employed under division (A) of this9653
section, suchthe person shall file the notice shall be filed with9654
the superintendent, or a person designated by the superintendent,9655
of the school district for which suchthe person drives a school9656
bus or motor van as an employee or drives a privately owned and9657
operated school bus or motor van under contract.9658

       (2) If employed under division (B) of this section, suchthe9659
person shall file the notice shall be filed with the employing9660
school administrator or contractor, or a person designated by the9661
administrator or contractor.9662

       (E) In addition to resulting in possible revocation of a9663
certificate as authorized by divisions (A) and (B) of this9664
section, a violation of division (D) of this section is a minor9665
misdemeanor.9666

       Sec. 3793.02.  (A) The department of alcohol and drug9667
addiction services shall promote, assist in developing, and9668
coordinate or conduct programs of education and research for the9669
prevention of alcohol and drug addiction and for the treatment,9670
including intervention, of alcoholics and persons who abuse drugs9671
of abuse, including anabolic steroids. Programs established by9672
the department shall include abstinence-based prevention and9673
treatment programs.9674

       (B) In addition to the other duties prescribed by this9675
chapter, the department shall do all of the following:9676

       (1) Promote and coordinate efforts in the provision of9677
alcohol and drug addiction services by other state agencies, as9678
defined in section 1.60 of the Revised Code; courts; hospitals;9679
clinics; physicians in private practice; public health9680
authorities; boards of alcohol, drug addiction, and mental health9681
services; alcohol and drug addiction programs; law enforcement9682
agencies; and related groups;9683

       (2) Provide for education and training in prevention,9684
diagnosis, treatment, and control of alcohol and drug addiction9685
for medical students, physicians, nurses, social workers,9686
professional counselors, psychologists, and other persons who9687
provide alcohol and drug addiction services;9688

       (3) Provide training and consultation for persons who9689
supervise alcohol and drug addiction programs and facilities;9690

       (4) Develop measures for evaluating the effectiveness of9691
alcohol and drug addiction services, including services that use9692
methadone treatment, and for increasing the accountability of9693
alcohol and drug addiction programs;9694

       (5) Provide to each court of record, and biennially update,9695
a list of the treatment and education programs within that court's9696
jurisdiction that the court may require an offender, sentenced9697
pursuant to division (A) of section 4511.994511.19 of the Revised9698
Code, to attend;9699

       (6) Print and distribute the warning sign described in9700
sections 3313.752, 3345.41, and 3707.50 of the Revised Code.9701

       (C) The department may accept and administer grants from9702
public or private sources for carrying out any of the duties9703
enumerated in this section.9704

       (D) Pursuant to Chapter 119. of the Revised Code, the9705
department shall adopt a rule defining the term "intervention" as9706
it is used in this chapter in connection with alcohol and drug9707
addiction services. The department may adopt other rules as9708
necessary to implement the requirements of this chapter.9709

       Sec. 3793.10.  A drivers' intervention program may be used as9710
an alternative to a term of imprisonment for an offender sentenced9711
pursuant to division (A)(1)(G)(1)(a) of section 4511.994511.19 of9712
the Revised Code, if it is certified by the director of alcohol9713
and drug addiction services pursuant to this section. No drivers'9714
intervention program shall be used as an alternative to a term of9715
imprisonment that is imposed pursuant to division (A)(2), (3),9716
(4), (6), (7)(G)(1)(b), (c), (d), or (8)(e) of section 4511.999717
4511.19 of the Revised Code.9718

       To qualify for certification by the director and to receive9719
funds from the statewide treatment and prevention fund created by9720
section 4301.30 of the Revised Code in any amounts and at any9721
times that the director determines are appropriate, a drivers'9722
intervention program shall meet state minimum standards that the9723
director shall establish by rule. The rules shall include, but9724
are not limited to, standards governing program course hours and9725
content, qualifications of program personnel, methods of9726
identifying and testing participants to isolate participants with9727
alcohol and drug abuse problems, referral of such persons to9728
alcohol and drug addiction programs, the prompt notification of9729
courts by program operators of the completion of the programs by9730
persons required by courts to attend them, and record keeping,9731
including methods of tracking participants for a reasonable time9732
after they have left the program.9733

       The director shall issue a certificate to any qualified9734
drivers' intervention program. The certificate is valid for three9735
years.9736

       Sec. 3937.31.  (A) Every automobile insurance policy shall9737
be issued for a period of not less than two years or guaranteed9738
renewable for successive policy periods totaling not less than two9739
years. Where renewal is mandatory, "cancellation," as used in9740
sections 3937.30 to 3937.39 of the Revised Code, includes refusal9741
to renew a policy with at least the coverages, included insureds,9742
and policy limits provided at the end of the next preceding policy9743
period. No insurer may cancel any such policy except pursuant to9744
the terms of the policy, and in accordance with sections 3937.309745
to 3937.39 of the Revised Code, and for one or more of the9746
following reasons:9747

       (1) Misrepresentation by the insured to the insurer of any9748
material fact in the procurement or renewal of the insurance or in9749
the submission of claims thereunder;9750

       (2) Loss of driving privileges through suspension,9751
revocation, or expiration of the driver's or commercial driver's9752
license of the named insured or any member of the named insured's9753
family covered as a driver; provided that the insurer shall9754
continue the policy in effect but exclude by endorsement all9755
coverage as to the person whose driver's license has been9756
suspended or revoked or has expired, if the person is other than9757
the named insured or the principal operator;9758

       (3) Nonpayment of premium, which means failure of the named9759
insured to discharge when due any of the named insured's9760
obligations in connection with the payment of premiums on a9761
policy, or any installment of such premiums, whether the premium9762
is payable directly to the insurer or its agent or indirectly9763
under any premium finance plan or extension of credit;9764

       (4) The place of residence of the insured or the state of9765
registration or license of the insured automobile is changed to a9766
state or country in which the insurer is not authorized to write9767
automobile coverage.9768

       This section does not apply in the case of a cancellation if9769
the insurer has indicated its willingness to issue a new policy9770
within the same insurer or within another insurer under the same9771
ownership or management as that of the insurer that has issued the9772
cancellation.9773

       (B) Sections 3937.30 to 3937.39 of the Revised Code do not9774
prohibit:9775

       (1) Changes in coverage or policy limits, cancellation, or9776
nonrenewal for any reason at the request or with the consent of9777
the insured;9778

       (2) Lawful surcharges, adjustments, or other changes in9779
premium;9780

       (3) Policy modification to all policies issued to a9781
classification of risk which do not effect a withdrawal or9782
reduction in the initial coverage or policy limits;9783

       (4) An insurer's refusing for any reason to renew a policy9784
upon its expiration at the end of any mandatory period, provided9785
such nonrenewal complies with the procedure set forth in section9786
3937.34 of the Revised Code.9787

       (C) Sections 3937.30 to 3937.39 of the Revised Code do not9788
apply to any policy or coverage that has been in effect less than9789
ninety days at the time notice of cancellation is mailed by the9790
insurer, unless it is a renewal policy.9791

       (D) Renewal of a policy does not constitute a waiver or9792
estoppel with respect to grounds for cancellation that existed9793
before the effective date of such renewal.9794

       (E) Nothing in this section prohibits an insurer from9795
incorporating into a policy any changes that are permitted or9796
required by this section or other sections of the Revised Code at9797
the beginning of any policy period within the two-year period set9798
forth in division (A) of this section.9799

       Sec. 4301.99.  (A) Whoever violates section 4301.47,9800
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section9801
4301.691 of the Revised Code is guilty of a minor misdemeanor.9802

       (B) Whoever violates section 4301.15, division (A)(2) or (D)9803
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)9804
of section 4301.631, or section 4301.64 or 4301.67 of the Revised9805
Code is guilty of a misdemeanor of the fourth degree.9806

       If an offender who violates section 4301.64 of the Revised9807
Code was under the age of eighteen years at the time of the9808
offense, the court, in addition to any other penalties it imposes9809
upon the offender, shall suspendimpose a class seven suspension9810
of the offender's temporary instruction permit, probationary9811
driver's license, or driver's license for a period of six months9812
from the range specified in division (A)(7) of section 4510.02 of9813
the Revised Code. If the offender is fifteen years and six months9814
of age or older and has not been issued a temporary instruction9815
permit or probationary driver's license, the offender shall not be9816
eligible to be issued such a license or permit for a period of six9817
months. If the offender has not attained the age of fifteen years9818
and six months, the offender shall not be eligible to be issued a9819
temporary instruction permit until the offender attains the age of9820
sixteen years.9821

       (C) Whoever violates division (D) of section 4301.21, or9822
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,9823
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E), or (F)9824
of section 4301.69 of the Revised Code, or division (C), (D), (E),9825
(F), (G), or (I) of section 4301.691 of the Revised Code is guilty9826
of a misdemeanor of the first degree.9827

       If an offender who violates section 4301.632 of the Revised9828
Code was under the age of eighteen years at the time of the9829
offense and the offense occurred while the offender was the9830
operator of or a passenger in a motor vehicle, the court, in9831
addition to any other penalties it imposes upon the offender,9832
shall suspendimpose a class seven suspension of the offender's9833
temporary instruction permit or probationary driver's license for9834
a period of six monthsfrom the range specified in division (A)(7)9835
of section 4510.02 of the Revised Code. If the offender is9836
fifteen years and six months of age or older and has not been9837
issued a temporary instruction permit or probationary driver's9838
license, the offender shall not be eligible to be issued such a9839
license or permit for a period of six months. If the offender has9840
not attained the age of fifteen years and six months, the offender9841
shall not be eligible to be issued a temporary instruction permit9842
until the offender attains the age of sixteen years.9843

       (D) Whoever violates division (B) of section 4301.14, or9844
division (A)(1) or (3), (B), or (C) of section 4301.22 of the9845
Revised Code is guilty of a misdemeanor of the third degree.9846

       (E) Whoever violates section 4301.63 or division (B) of9847
section 4301.631 of the Revised Code shall be fined not less than9848
twenty-five nor more than one hundred dollars. The court imposing9849
a fine for a violation of section 4301.63 or division (B) of9850
section 4301.631 of the Revised Code may order that the fine be9851
paid by the performance of public work at a reasonable hourly rate9852
established by the court. The court shall designate the time9853
within which the public work shall be completed.9854

       (F)(1) Whoever violates section 4301.634 of the Revised Code9855
is guilty of a misdemeanor of the first degree. If, in committing9856
a first violation of that section, the offender presented to the9857
permit holder or the permit holder's employee or agent a false,9858
fictitious, or altered identification card, a false or fictitious9859
driver's license purportedly issued by any state, or a driver's9860
license issued by any state that has been altered, the offender is9861
guilty of a misdemeanor of the first degree and shall be fined not9862
less than two hundred fifty and not more than one thousand9863
dollars, and may be sentenced to a term of imprisonment of not9864
more than six months.9865

       (2) On a second violation in which, for the second time, the9866
offender presented to the permit holder or the permit holder's9867
employee or agent a false, fictitious, or altered identification9868
card, a false or fictitious driver's license purportedly issued by9869
any state, or a driver's license issued by any state that has been9870
altered, the offender is guilty of a misdemeanor of the first9871
degree and shall be fined not less than five hundred nor more than9872
one thousand dollars, and may be sentenced to a term of9873
imprisonment of not more than six months. The court also may9874
suspendimpose a class seven suspension of the offender's driver's9875
or commercial driver's license or permit or nonresident operating9876
privilege or deny the offender the opportunity to be issued a9877
driver's or commercial driver's license for a period not exceeding9878
sixty daysfrom the range specified in division (A)(7) of section9879
4510.02 of the Revised Code.9880

       (3) On a third or subsequent violation in which, for the9881
third or subsequent time, the offender presented to the permit9882
holder or the permit holder's employee or agent a false,9883
fictitious, or altered identification card, a false or fictitious9884
driver's license purportedly issued by any state, or a driver's9885
license issued by any state that has been altered, the offender is9886
guilty of a misdemeanor of the first degree and shall be fined not9887
less than five hundred nor more than one thousand dollars, and may9888
be sentenced to a term of imprisonment of not more than six9889
months. The court also shall suspendimpose a class six9890
suspension of the offender's driver's or commercial driver's9891
license or permit or nonresident operating privilege or deny the9892
offender the opportunity to be issued a driver's or commercial9893
driver's license for a period of ninety daysfrom the range9894
specified in division (A)(6) of section 4510.02 of the Revised9895
Code, and the court may order that the suspension or denial remain9896
in effect until the offender attains the age of twenty-one years.9897
The court also may order the offender to perform a determinate9898
number of hours of community service, with the court determining9899
the actual number of hours and the nature of the community service9900
the offender shall perform.9901

       (G) Whoever violates section 4301.636 of the Revised Code is9902
guilty of a felony of the fifth degree.9903

       (H) Whoever violates division (A)(1) of section 4301.22 of9904
the Revised Code is guilty of a misdemeanor, shall be fined not9905
less than five hundred and not more than one thousand dollars,9906
and, in addition to the fine, may be imprisoned for a definite9907
term of not more than sixty days.9908

       (I) Whoever violates division (A) of section 4301.69 or9909
division (H) of section 4301.691 of the Revised Code is guilty of9910
a misdemeanor, shall be fined not less than five hundred and not9911
more than one thousand dollars, and, in addition to the fine, may9912
be imprisoned for a definite term of not more than six months.9913

       Sec. 4501.01.  As used in this chapter and Chapters 4503.,9914
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the9915
Revised Code, and in the penal laws, except as otherwise provided:9916

       (A) "Vehicles" means everything on wheels or runners,9917
including motorized bicycles, but does not mean vehicles that are9918
operated exclusively on rails or tracks or from overhead electric9919
trolley wires and vehicles that belong to any police department,9920
municipal fire department, or volunteer fire department, or that9921
are used by such a department in the discharge of its functions.9922

       (B) "Motor vehicle" means any vehicle, including mobile9923
homes and recreational vehicles, that is propelled or drawn by9924
power other than muscular power or power collected from overhead9925
electric trolley wires. "Motor vehicle" does not include9926
motorized bicycles, road rollers, traction engines, power shovels,9927
power cranes, and other equipment used in construction work and9928
not designed for or employed in general highway transportation,9929
well-drilling machinery, ditch-digging machinery, farm machinery,9930
trailers that are used to transport agricultural produce or9931
agricultural production materials between a local place of storage9932
or supply and the farm when drawn or towed on a public road or9933
highway at a speed of twenty-five miles per hour or less,9934
threshing machinery, hay-baling machinery, corn sheller,9935
hammermill and agricultural tractors, machinery used in the9936
production of horticultural, agricultural, and vegetable products,9937
and trailers that are designed and used exclusively to transport a9938
boat between a place of storage and a marina, or in and around a9939
marina, when drawn or towed on a public road or highway for a9940
distance of no more than ten miles and at a speed of twenty-five9941
miles per hour or less.9942

       (C) "Agricultural tractor" and "traction engine" mean any9943
self-propelling vehicle that is designed or used for drawing other9944
vehicles or wheeled machinery, but has no provisions for carrying9945
loads independently of such other vehicles, and that is used9946
principally for agricultural purposes.9947

       (D) "Commercial tractor," except as defined in division (C)9948
of this section, means any motor vehicle that has motive power and9949
either is designed or used for drawing other motor vehicles, or is9950
designed or used for drawing another motor vehicle while carrying9951
a portion of the other motor vehicle or its load, or both.9952

       (E) "Passenger car" means any motor vehicle that is designed9953
and used for carrying not more than nine persons and includes any9954
motor vehicle that is designed and used for carrying not more than9955
fifteen persons in a ridesharing arrangement.9956

       (F) "Collector's vehicle" means any motor vehicle or9957
agricultural tractor or traction engine that is of special9958
interest, that has a fair market value of one hundred dollars or9959
more, whether operable or not, and that is owned, operated,9960
collected, preserved, restored, maintained, or used essentially as9961
a collector's item, leisure pursuit, or investment, but not as the9962
owner's principal means of transportation. "Licensed collector's9963
vehicle" means a collector's vehicle, other than an agricultural9964
tractor or traction engine, that displays current, valid license9965
tags issued under section 4503.45 of the Revised Code, or a9966
similar type of motor vehicle that displays current, valid license9967
tags issued under substantially equivalent provisions in the laws9968
of other states.9969

       (G) "Historical motor vehicle" means any motor vehicle that9970
is over twenty-five years old and is owned solely as a collector's9971
item and for participation in club activities, exhibitions, tours,9972
parades, and similar uses, but that in no event is used for9973
general transportation.9974

       (H) "Noncommercial motor vehicle" means any motor vehicle,9975
including a farm truck as defined in section 4503.04 of the9976
Revised Code, that is designed by the manufacturer to carry a load9977
of no more than one ton and is used exclusively for purposes other9978
than engaging in business for profit.9979

       (I) "Bus" means any motor vehicle that has motor power and9980
is designed and used for carrying more than nine passengers,9981
except any motor vehicle that is designed and used for carrying9982
not more than fifteen passengers in a ridesharing arrangement.9983

       (J) "Commercial car" or "truck" means any motor vehicle that9984
has motor power and is designed and used for carrying merchandise9985
or freight, or that is used as a commercial tractor.9986

       (K) "Bicycle" means every device, other than a tricycle that9987
is designed solely for use as a play vehicle by a child, that is9988
propelled solely by human power upon which any person may ride,9989
and that has either two tandem wheels, or one wheel in front and9990
two wheels in the rear, any of which is more than fourteen inches9991
in diameter.9992

       (L) "Motorized bicycle" means any vehicle that either has9993
two tandem wheels or one wheel in the front and two wheels in the9994
rear, that is capable of being pedaled, and that is equipped with9995
a helper motor of not more than fifty cubic centimeters piston9996
displacement that produces no more than one brake horsepower and9997
is capable of propelling the vehicle at a speed of no greater than9998
twenty miles per hour on a level surface.9999

       (M) "Trailer" means any vehicle without motive power that is10000
designed or used for carrying property or persons wholly on its10001
own structure and for being drawn by a motor vehicle, and includes10002
any such vehicle that is formed by or operated as a combination of10003
a semitrailer and a vehicle of the dolly type such as that10004
commonly known as a trailer dolly, a vehicle used to transport10005
agricultural produce or agricultural production materials between10006
a local place of storage or supply and the farm when drawn or10007
towed on a public road or highway at a speed greater than10008
twenty-five miles per hour, and a vehicle that is designed and10009
used exclusively to transport a boat between a place of storage10010
and a marina, or in and around a marina, when drawn or towed on a10011
public road or highway for a distance of more than ten miles or at10012
a speed of more than twenty-five miles per hour. "Trailer" does10013
not include a manufactured home or travel trailer.10014

       (N) "Noncommercial trailer" means any trailer, except a10015
travel trailer or trailer that is used to transport a boat as10016
described in division (B) of this section, but, where applicable,10017
includes a vehicle that is used to transport a boat as described10018
in division (M) of this section, that has a gross weight of no10019
more than three thousand pounds, and that is used exclusively for10020
purposes other than engaging in business for a profit.10021

       (O) "Mobile home" means a building unit or assembly of10022
closed construction that is fabricated in an off-site facility, is10023
more than thirty-five body feet in length or, when erected on10024
site, is three hundred twenty or more square feet, is built on a10025
permanent chassis, is transportable in one or more sections, and10026
does not qualify as a manufactured home as defined in division10027
(C)(4) of section 3781.06 of the Revised Code or as an10028
industrialized unit as defined in division (C)(3) of section10029
3781.06 of the Revised Code.10030

       (P) "Semitrailer" means any vehicle of the trailer type that10031
does not have motive power and is so designed or used with another10032
and separate motor vehicle that in operation a part of its own10033
weight or that of its load, or both, rests upon and is carried by10034
the other vehicle furnishing the motive power for propelling10035
itself and the vehicle referred to in this division, and includes,10036
for the purpose only of registration and taxation under those10037
chapters, any vehicle of the dolly type, such as a trailer dolly,10038
that is designed or used for the conversion of a semitrailer into10039
a trailer.10040

       (Q) "Recreational vehicle" means a vehicular portable10041
structure that meets all of the following conditions:10042

       (1) It is designed for the sole purpose of recreational10043
travel.10044

       (2) It is not used for the purpose of engaging in business10045
for profit.10046

       (3) It is not used for the purpose of engaging in intrastate10047
commerce.10048

       (4) It is not used for the purpose of commerce as defined in10049
49 C.F.R. 383.5, as amended.10050

       (5) It is not regulated by the public utilities commission10051
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.10052

       (6) It is classed as one of the following:10053

       (a) "Travel trailer" means a nonself-propelled recreational10054
vehicle that does not exceed an overall length of thirty-five10055
feet, exclusive of bumper and tongue or coupling, and contains10056
less than three hundred twenty square feet of space when erected10057
on site. "Travel trailer" includes a tent-type fold-out camping10058
trailer as defined in section 4517.01 of the Revised Code.10059

       (b) "Motor home" means a self-propelled recreational vehicle10060
that has no fifth wheel and is constructed with permanently10061
installed facilities for cold storage, cooking and consuming of10062
food, and for sleeping.10063

       (c) "Truck camper" means a nonself-propelled recreational10064
vehicle that does not have wheels for road use and is designed to10065
be placed upon and attached to a motor vehicle. "Truck camper"10066
does not include truck covers that consist of walls and a roof,10067
but do not have floors and facilities enabling them to be used as10068
a dwelling.10069

       (d) "Fifth wheel trailer" means a vehicle that is of such10070
size and weight as to be movable without a special highway permit,10071
that has a gross trailer area of four hundred square feet or less,10072
that is constructed with a raised forward section that allows a10073
bi-level floor plan, and that is designed to be towed by a vehicle10074
equipped with a fifth-wheel hitch ordinarily installed in the bed10075
of a truck.10076

       (e) "Park trailer" means a vehicle that is commonly known as10077
a park model recreational vehicle, meets the American national10078
standard institute standard A119.5 (1988) for park trailers, is10079
built on a single chassis, has a gross trailer area of four10080
hundred square feet or less when set up, is designed for seasonal10081
or temporary living quarters, and may be connected to utilities10082
necessary for the operation of installed features and appliances.10083

       (R) "Pneumatic tires" means tires of rubber and fabric or10084
tires of similar material, that are inflated with air.10085

       (S) "Solid tires" means tires of rubber or similar elastic10086
material that are not dependent upon confined air for support of10087
the load.10088

       (T) "Solid tire vehicle" means any vehicle that is equipped10089
with two or more solid tires.10090

       (U) "Farm machinery" means all machines and tools that are10091
used in the production, harvesting, and care of farm products, and10092
includes trailers that are used to transport agricultural produce10093
or agricultural production materials between a local place of10094
storage or supply and the farm when drawn or towed on a public10095
road or highway at a speed of twenty-five miles per hour or less.10096

       (V) "Owner" includes any person, firm, or corporation other10097
than a manufacturer or dealer that has title to a motor vehicle,10098
except that in sections 4505.01 to 4505.19 of the Revised Code,10099
"owner" includes in addition manufacturers and dealers.10100

       (W) "Manufacturer" and "dealer" include all persons, firms,10101
and corporations that are regularly engaged in the business of10102
manufacturing, selling, displaying, offering for sale, or dealing10103
in motor vehicles, at an established place of business that is10104
used exclusively for the purpose of manufacturing, selling,10105
displaying, offering for sale, or dealing in motor vehicles. A10106
place of business that is used for manufacturing, selling,10107
displaying, offering for sale, or dealing in motor vehicles shall10108
be deemed to be used exclusively for those purposes even though10109
snowmobiles or all-purpose vehicles are sold or displayed for sale10110
thereat, even though farm machinery is sold or displayed for sale10111
thereat, or even though repair, accessory, gasoline and oil,10112
storage, parts, service, or paint departments are maintained10113
thereat, or, in any county having a population of less than10114
seventy-five thousand persons at the last federal census, even10115
though a department in a place of business is used to dismantle,10116
salvage, or rebuild motor vehicles by means of used parts, if such10117
departments are operated for the purpose of furthering and10118
assisting in the business of manufacturing, selling, displaying,10119
offering for sale, or dealing in motor vehicles. Places of10120
business or departments in a place of business used to dismantle,10121
salvage, or rebuild motor vehicles by means of using used parts10122
are not considered as being maintained for the purpose of10123
assisting or furthering the manufacturing, selling, displaying,10124
and offering for sale or dealing in motor vehicles.10125

       (X) "Operator" includes any person who drives or operates a10126
motor vehicle upon the public highways.10127

       (Y) "Chauffeur" means any operator who operates a motor10128
vehicle, other than a taxicab, as an employee for hire; or any10129
operator whether or not the owner of a motor vehicle, other than a10130
taxicab, who operates such vehicle for transporting, for gain,10131
compensation, or profit, either persons or property owned by10132
another. Any operator of a motor vehicle who is voluntarily10133
involved in a ridesharing arrangement is not considered an10134
employee for hire or operating such vehicle for gain,10135
compensation, or profit.10136

       (Z) "State" includes the territories and federal districts10137
of the United States, and the provinces of Canada.10138

       (AA) "Public roads and highways" for vehicles includes all10139
public thoroughfares, bridges, and culverts.10140

       (BB) "Manufacturer's number" means the manufacturer's10141
original serial number that is affixed to or imprinted upon the10142
chassis or other part of the motor vehicle.10143

       (CC) "Motor number" means the manufacturer's original number10144
that is affixed to or imprinted upon the engine or motor of the10145
vehicle.10146

       (DD) "Distributor" means any person who is authorized by a10147
motor vehicle manufacturer to distribute new motor vehicles to10148
licensed motor vehicle dealers at an established place of business10149
that is used exclusively for the purpose of distributing new motor10150
vehicles to licensed motor vehicle dealers, except when the10151
distributor also is a new motor vehicle dealer, in which case the10152
distributor may distribute at the location of the distributor's10153
licensed dealership.10154

       (EE) "Ridesharing arrangement" means the transportation of10155
persons in a motor vehicle where the transportation is incidental10156
to another purpose of a volunteer driver and includes ridesharing10157
arrangements known as carpools, vanpools, and buspools.10158

       (FF) "Apportionable vehicle" means any vehicle that is used10159
or intended for use in two or more international registration plan10160
member jurisdictions that allocate or proportionally register10161
vehicles, that is used for the transportation of persons for hire10162
or designed, used, or maintained primarily for the transportation10163
of property, and that meets any of the following qualifications:10164

       (1) Is a power unit having a gross vehicle weight in excess10165
of twenty-six thousand pounds;10166

       (2) Is a power unit having three or more axles, regardless10167
of the gross vehicle weight;10168

       (3) Is a combination vehicle with a gross vehicle weight in10169
excess of twenty-six thousand pounds.10170

       "Apportionable vehicle" does not include recreational10171
vehicles, vehicles displaying restricted plates, city pick-up and10172
delivery vehicles, buses used for the transportation of chartered10173
parties, or vehicles owned and operated by the United States, this10174
state, or any political subdivisions thereof.10175

       (GG) "Chartered party" means a group of persons who contract10176
as a group to acquire the exclusive use of a passenger-carrying10177
motor vehicle at a fixed charge for the vehicle in accordance with10178
the carrier's tariff, lawfully on file with the United States10179
department of transportation, for the purpose of group travel to a10180
specified destination or for a particular itinerary, either agreed10181
upon in advance or modified by the chartered group after having10182
left the place of origin.10183

       (HH) "International registration plan" means a reciprocal10184
agreement of member jurisdictions that is endorsed by the American10185
association of motor vehicle administrators, and that promotes and10186
encourages the fullest possible use of the highway system by10187
authorizing apportioned registration of fleets of vehicles and10188
recognizing registration of vehicles apportioned in member10189
jurisdictions.10190

       (II) "Restricted plate" means a license plate that has a10191
restriction of time, geographic area, mileage, or commodity, and10192
includes license plates issued to farm trucks under division (K)10193
of section 4503.04 of the Revised Code.10194

       (JJ) "Gross vehicle weight," with regard to any commercial10195
car, trailer, semitrailer, or bus that is taxed at the rates10196
established under section 4503.042 of the Revised Code, means the10197
unladen weight of the vehicle fully equipped plus the maximum10198
weight of the load to be carried on the vehicle.10199

       (KK) "Combined gross vehicle weight" with regard to any10200
combination of a commercial car, trailer, and semitrailer, that is10201
taxed at the rates established under section 4503.042 of the10202
Revised Code, means the total unladen weight of the combination of10203
vehicles fully equipped plus the maximum weight of the load to be10204
carried on that combination of vehicles.10205

       (LL) "Chauffeured limousine" means a motor vehicle that is10206
designed to carry nine or fewer passengers and is operated for10207
hire on an hourly basis pursuant to a prearranged contract for the10208
transportation of passengers on public roads and highways along a10209
route under the control of the person hiring the vehicle and not10210
over a defined and regular route. "Prearranged contract" means an10211
agreement, made in advance of boarding, to provide transportation10212
from a specific location in a chauffeured limousine at a fixed10213
rate per hour or trip. "Chauffeured limousine" does not include10214
any vehicle that is used exclusively in the business of funeral10215
directing.10216

       (MM) "Manufactured home" has the same meaning as in division10217
(C)(4) of section 3781.06 of the Revised Code.10218

       (NN) "Acquired situs," with respect to a manufactured home10219
or a mobile home, means to become located in this state by the10220
placement of the home on real property, but does not include the10221
placement of a manufactured home or a mobile home in the inventory10222
of a new motor vehicle dealer or the inventory of a manufacturer,10223
remanufacturer, or distributor of manufactured or mobile homes.10224

       (OO) "Electronic" includes electrical, digital, magnetic,10225
optical, electromagnetic, or any other form of technology that10226
entails capabilities similar to these technologies.10227

       (PP) "Electronic record" means a record generated,10228
communicated, received, or stored by electronic means for use in10229
an information system or for transmission from one information10230
system to another.10231

       (QQ) "Electronic signature" means a signature in electronic10232
form attached to or logically associated with an electronic10233
record.10234

       (RR) "Financial transaction device" has the same meaning as10235
in division (A) of section 113.40 of the Revised Code.10236

       (SS)"Limited driving privileges" means the privilege to10237
operate a motor vehicle that a court grants under section 4510.02110238
of the Revised Code to a person whose driver's or commercial10239
driver's license or permit or nonresident operating privilege has10240
been suspended.10241

       Sec. 4501.022.  (A) The registrar of motor vehicles shall10242
determine the necessary or appropriate method by which written10243
notice of an order revoking or suspending a motor vehicle driver's10244
or commercial driver's license or requiring the surrender of a10245
certificate of registration and registration plates may be10246
provided to the person holding the license or the certificate of10247
registration and registration plates. Division (A) of this10248
section does not apply if the registrar is required to provide10249
notification by use of a method specified by law.10250

       (B) Pursuant to rules adopted by the registrar, the bureau10251
of motor vehicles shall implement proof of mailing procedures to10252
provide verification that written notice of an order revoking or10253
suspending a motor vehicle driver's or commercial driver's license10254
or requiring the surrender of a certificate of registration and10255
registration plates was sent to the person holding the license or10256
the certificate of registration and registration plates.10257

       Sec. 4501.17.  There is hereby created in the state treasury10258
the OMVIOVI fines fund. The fund shall consist of fine money10259
received by the state highway patrol pursuant to division (A) of10260
section 4511.994511.19 of the Revised Code, and shall be used by10261
the state highway patrol to enforce that section 4511.19 of the10262
Revised Code and to conduct programs to inform the public of the10263
dangers of, and laws governing, the operation of motor vehicles10264
while under the influence of alcohol.10265

       Sec. 4501.19.  There is hereby created in the state treasury10266
the law enforcement reimbursement fund. The law enforcement10267
reimbursement fund shall consist of fees collected by the10268
registrar of motor vehicles under division (A)(6)(5) of section10269
4503.233 of the Revised Code, and shall be used to make payments10270
to law enforcement agencies in accordance with that division.10271
However, the director of budget and management may transfer excess10272
money from the law enforcement reimbursement fund to the bureau of10273
motor vehicles fund created in section 4501.25 of the Revised Code10274
if the registrar determines that the amount of money in the law10275
enforcement reimbursement fund exceeds the amounts required to be10276
paid by division (A)(6)(5) of section 4503.233 of the Revised10277
Code, and the registrar requests the director to make the10278
transfer. All investment earnings of the law enforcement10279
reimbursement fund shall be credited to the fund.10280

       Sec. 4501.25.  There is hereby created in the state treasury10281
the state bureau of motor vehicles fund. The fund shall consist10282
of all money collected by the registrar of motor vehicles,10283
including taxes, fees, and fines levied, charged, or referred to10284
in Chapters 4501., 4503., 4505., 4506., 4507., 4509., 4510.,10285
4511., 4517., 4519., and 4521., and sections 3123.59, 2935.27,10286
2937.221, 4738.06, 4738.13, and 4738.18 of the Revised Code10287
unless otherwise designated by law. The fund shall be used to pay10288
the expenses of administering the law relative to the powers and10289
duties of the registrar of motor vehicles. All investment10290
earnings of the fund shall be retained by the fund.10291

       Sec. 4507.25.        Sec. 4501.34.  (A) The registrar of motor vehicles10292
may adopt and publish rules to govern histhe registrar's10293
proceedings. All proceedings of the registrar shall be open to10294
the public, and all documents in histhe registrar's possession10295
shall beare public records. HeThe registrar shall adopt a seal10296
bearing the inscription: "Motor Vehicle Registrar of Ohio." The10297
seal shall be affixed to all writs and authenticated copies of10298
records, and, when it has been so attached, suchthe copies shall10299
be received in evidence with the same effect as other public10300
records. All courts shall take judicial notice of the seal.10301

       (B) Upon the request of any person accompanied by a10302
nonrefundable fee of two dollars per name, the registrar may10303
furnish lists of names and addresses as they appear upon the10304
applications for driver's licenses, provided that any further10305
information contained in the applications shall not be disclosed.10306
AllThe registrar shall pay all the fees collected shall be paid10307
by the registrar into the state treasury to the credit of the10308
state bureau of motor vehicles fund established in section 4501.2510309
of the Revised Code.10310

       This division does not apply to the list of qualified driver10311
licensees required to be compiled and filed pursuant to section10312
2313.06 of the Revised Code.10313

       Sec. 4507.26.        Sec. 4501.35.  An order, except an order relating to10314
a license as defined in section 119.01 of the Revised Code, made10315
by the registrar of motor vehicles may be reversed, vacated, or10316
modified by the court of common pleas of Franklin county, or by10317
the court of common pleas in the county in which the party10318
affected is a resident, or in which the matter complained of10319
arose.10320

       Sec. 4507.27.        Sec. 4501.36.  A proceeding to obtain the reversal,10321
vacation, or modification of an order of the registrar of motor10322
vehicles shall be by appeal,.Any party to the proceedings before10323
the registrar shall file notice of which shall be filedthe appeal10324
in the court of common pleas on or before the expiration of thirty10325
days from date of entry of suchthe order, by any party to the10326
proceedings before the registrar.Such. The court shall set such10327
the appeal for hearing and take suchany testimony as is necessary10328
to decide the matter. AtThe court shall give the registrar at10329
least ten days' notice of the time and place of suchthe hearing10330
shall be given to the registrar.10331

       Sec. 4507.28.        Sec. 4501.37.  No court may reverse, suspend, or10332
delay any order made by the registrar of motor vehicles, or10333
enjoin, restrain, or interfere with the registrar or a deputy10334
registrar in the performance of official duties, except as10335
provided in sections 4507.01 to 4507.39, inclusive,this chapter10336
and Chapter 4507. or4510. of the Revised Code.10337

       Sec. 4507.29.        Sec. 4501.38.  Upon the request of the registrar of10338
motor vehicles, the prosecuting attorney of the county in which10339
any proceedings are pending, shall aid in any investigation,10340
prosecution, hearing, or trial hadheld under sections 4507.01 to10341
4507.39,this chapter or Chapter 4506., 4507., 4510., or4511. of10342
the Revised Code, and shall institute and prosecute suchany10343
actions or proceedings for the enforcement of suchthe sections10344
contained in those chapters, and for the punishment of all10345
violations thereofof those sections, as the registrar directs.10346

       Sec. 4503.033.  (A) Annually, on or before the thirty-first10347
day of January, every deputy registrar shall file with the10348
registrar of motor vehicles on a form prescribed by the registrar,10349
a statement disclosing all of the following:10350

       (1) The name of the person filing the statement, and, if10351
applicable, of his spouse and of members of his immediate family;10352

       (2) Any contribution made within the previous calendar year10353
by the person and, if applicable, by his spouse and by members of10354
his immediate family to each of the following:10355

       (a) Any political party;10356

       (b) Any candidate for the office of governor, attorney10357
general, secretary of state, treasurer of state, auditor of state,10358
member of the senate or house of representatives of the general10359
assembly, or to the campaign committee of any such candidate.10360

       (3) The month, day, and year in which the contribution was10361
made;10362

       (4) The full name and address of each person, political10363
party, or campaign committee to which a contribution was made;10364

       (5) The value in dollars and cents of the contribution.10365

       (B) No person shall knowingly fail to file, on or before the10366
filing deadline under this section, a statement that is required10367
by division (A) of this section.10368

       (C) No person shall knowingly make a false statement in a10369
statement that is required to be filed under division (A) of this10370
section.10371

       (D) On and after the effective date of this amendmentMarch10372
2, 1994, the statement required by division (A) of this section10373
shall be accompanied by a filing fee of twenty-five dollars. If10374
the statement required by division (A) of this section is not10375
filed by the date on which it is required to be filed, the10376
registrar of motor vehicles shall assess a late filing fee as10377
prescribed in division (F) of section 102.02 of the Revised Code.10378
The registrar shall deposit all fees he receives under this10379
division into the general revenue fund of the state.10380

       (E) Not later than the date a deputy registrar is required10381
to file a statement under division (A) of this section, the deputy10382
registrar shall file a copy of the statement with the office of10383
the secretary of state. The secretary of state shall keep the10384
copies of all statements filed with his office under this division10385
only for the purpose of making them available for public10386
inspection.10387

       (F)Whoever violates division (B) of this section shall be10388
fined one thousand dollars. Whoever violates division (C) of this10389
section shall be fined ten thousand dollars.10390

       Sec. 4503.05. (A) No person shall use a motor vehicle10391
registered as a noncommercial motor vehicle as defined in section10392
4501.01 of the Revised Code for other than the purposes set forth10393
in that section 4501.01of the Revised Code.10394

       (B)Whoever violates this section is guilty of a misdemeanor10395
of the fourth degree.10396

       Sec. 4503.061.  (A) All manufactured and mobile homes shall10397
be listed on either the real property tax list or the manufactured10398
home tax list of the county in which the home has situs. Each10399
owner shall follow the procedures in this section to identify the10400
home to the county auditor of the county containing the taxing10401
district in which the home has situs so that the auditor may place10402
the home on the appropriate tax list.10403

       (B) When a manufactured or mobile home first acquires situs10404
in this state and is subject to real property taxation pursuant to10405
division (B)(1) or (2) of section 4503.06 of the Revised Code, the10406
owner shall present to the auditor of the county containing the10407
taxing district in which the home has its situs the certificate of10408
title for the home, together with proof that all taxes due have10409
been paid and proof that a relocation notice was obtained for the10410
home if required under this section. Upon receiving the10411
certificate of title and the required proofs, the auditor shall10412
place the home on the real property tax list and proceed to treat10413
the home as other properties on that list. After the auditor has10414
placed the home on the tax list of real and public utility10415
property, the auditor shall deliver the certificate of title to10416
the clerk of the court of common pleas that issued it pursuant to10417
section 4505.11 of the Revised Code, and the clerk shall10418
inactivate the certificate of title.10419

       (C)(1) When a manufactured or mobile home subject to a10420
manufactured home tax is relocated to or first acquires situs in10421
any county that has adopted a permanent manufactured home10422
registration system, as provided in division (F) of this section,10423
the owner, within thirty days after the home is relocated or first10424
acquires situs under section 4503.06 of the Revised Code, shall10425
register the home with the county auditor of the county containing10426
the taxing district in which the home has its situs. For the10427
first registration in each county of situs, the owner or vendee in10428
possession shall present to the county auditor an Ohio certificate10429
of title, certified copy of the certificate of title, or10430
memorandum certificate of title as such are required by law, and10431
proof, as required by the county auditor, that the home, if it has10432
previously been occupied and is being relocated, has been10433
previously registered, that all taxes due and required to be paid10434
under division (H)(1) of this section before a relocation notice10435
may be issued have been paid, and that a relocation notice was10436
obtained for the home if required by division (H) of this section. 10437
If the owner or vendee does not possess the Ohio certificate of10438
title, certified copy of the certificate of title, or memorandum10439
certificate of title at the time the owner or vendee first10440
registers the home in a county, the county auditor shall register10441
the home without presentation of the document, but the owner or10442
vendee shall present the certificate of title, certified copy of10443
the certificate of title, or memorandum certificate of title to10444
the county auditor within fourteen days after the owner or vendee10445
obtains possession of the document.10446

       (2) When a manufactured or mobile home is registered for the10447
first time in a county and when the total tax due has been paid as10448
required by division (F) of section 4503.06 of the Revised Code or10449
divisions (E) and (H) of this section, the county treasurer shall10450
note by writing or by a stamp on the certificate of title,10451
certified copy of certificate of title, or memorandum certificate10452
of title that the home has been registered and that the taxes due,10453
if any, have been paid for the preceding five years and for the10454
current year. The treasurer shall then issue a certificate10455
evidencing registration and a decal to be displayed on the street10456
side of the home. Such certificate is valid in any county in this10457
state during the year for which it is issued.10458

       (3) For each year thereafter, the county treasurer shall10459
issue a tax bill stating the amount of tax due under section10460
4503.06 of the Revised Code, as provided in division (D)(6) of10461
that section. When the total tax due has been paid as required by10462
division (F) of section 4503.06 of the Revised Code, the county10463
treasurer shall issue a certificate evidencing registration that10464
shall be valid in any county in this state during the year for10465
which the certificate is issued.10466

       (4) The permanent decal issued under this division is valid10467
during the period of ownership, except that when a manufactured10468
home is relocated in another county the owner shall apply for a10469
new registration as required by this section and section 4503.0610470
of the Revised Code.10471

       (D)(1) All owners of manufactured or mobile homes subject to10472
the manufactured home tax being relocated to or having situs in a10473
county that has not adopted a permanent registration system, as10474
provided in division (F) of this section, shall register the home10475
within thirty days after the home is relocated or first acquires10476
situs under section 4503.06 of the Revised Code and thereafter10477
shall annually register the home with the county auditor of the10478
county containing the taxing district in which the home has its10479
situs.10480

       (2) Upon the annual registration, the county treasurer10481
shall issue a tax bill stating the amount of annual manufactured10482
home tax due under section 4503.06 of the Revised Code, as10483
provided in division (D)(6) of that section. When a manufactured10484
or mobile home is registered and when the tax for the current10485
one-half year has been paid as required by division (F) of section10486
4503.06 of the Revised Code, the county treasurer shall issue a10487
certificate evidencing registration and a decal. Such certificate10488
and decal are valid in any county in this state during the year10489
for which they are issued. The decal shall be displayed on the10490
street side of the home.10491

       (3) For the first annual registration in each county of10492
situs, the county auditor shall require the owner or vendee to10493
present an Ohio certificate of title, certified copy of the10494
certificate of title, or memorandum certificate of title as such10495
are required by law, and proof, as required by the county auditor,10496
that the manufactured or mobile home has been previously10497
registered, if such registration was required, that all taxes due10498
and required to be paid under division (H)(1) of this section10499
before a relocation notice may be issued have been paid, and that10500
a relocation notice was obtained for the home if required by10501
division (H) of this section. If the owner or vendee does not10502
possess the Ohio certificate of title, certified copy of the10503
certificate of title, or memorandum certificate of title at the10504
time the owner or vendee first registers the home in a county, the10505
county auditor shall register the home without presentation of the10506
document, but the owner or vendee shall present the certificate of10507
title, certified copy of the certificate of title, or memorandum10508
certificate of title to the county auditor within fourteen days10509
after the owner or vendee obtains possession of the document. When10510
the county treasurer receives the tax payment, the county10511
treasurer shall note by writing or by a stamp on the certificate10512
of title, certified copy of the certificate of title, or10513
memorandum certificate of title that the home has been registered10514
for the current year and that the manufactured home taxes due, if10515
any, have been paid for the preceding five years and for the10516
current year.10517

       (4) For subsequent annual registrations, the auditor may10518
require the owner or vendee in possession to present an Ohio10519
certificate of title, certified copy of the certificate of title,10520
or memorandum certificate of title to the county treasurer upon10521
payment of the manufactured home tax that is due.10522

       (E)(1) Upon the application to transfer ownership of a10523
manufactured or mobile home for which manufactured home taxes are10524
paid pursuant to division (C) of section 4503.06 of the Revised10525
Code the clerk of the court of common pleas shall not issue any10526
certificate of title that does not contain or have attached both10527
of the following:10528

       (a) An endorsement of the county treasurer stating that the10529
home has been registered for each year of ownership and that all10530
manufactured home taxes imposed pursuant to section 4503.06 of the10531
Revised Code have been paid or that no tax is due;10532

       (b) An endorsement of the county auditor that the10533
manufactured home transfer tax imposed pursuant to section 322.0610534
of the Revised Code and any fees imposed under division (F) of10535
section 319.54 of the Revised Code have been paid.10536

       (2) If all the taxes have not been paid, the clerk shall10537
notify the vendee to contact the county treasurer of the county10538
containing the taxing district in which the home has its situs at10539
the time of the proposed transfer. The county treasurer shall10540
then collect all the taxes that are due for the year of the10541
transfer and all previous years not exceeding a total of five10542
years. The county treasurer shall distribute that part of the10543
collection owed to the county treasurer of other counties if the10544
home had its situs in another county during a particular year when10545
the unpaid tax became due and payable. The burden to prove the10546
situs of the home in the years that the taxes were not paid is on10547
the transferor of the home. Upon payment of such taxes, the10548
county auditor shall remove all remaining taxes from the10549
manufactured home tax list and the delinquent manufactured home10550
tax list, and the county treasurer shall release all liens for10551
such taxes. The clerk of courts shall issue a certificate of10552
title, free and clear of all liens for manufactured home taxes, to10553
the transferee of the home.10554

       (3) Once the transfer is complete and the certificate of10555
title has been issued, the transferee shall register the10556
manufactured or mobile home pursuant to division (C) or (D) of10557
this section with the county auditor of the county containing the10558
taxing district in which the home remains after the transfer or,10559
if the home is relocated to another county, with the county10560
auditor of the county to which the home is relocated. The10561
transferee need not pay the annual tax for the year of acquisition10562
if the original owner has already paid the annual tax for that10563
year.10564

       (F) The county auditor may adopt a permanent registration10565
system and issue a permanent decal with the first registration as10566
prescribed by the tax commissioner.10567

       (G) When any manufactured or mobile home required to be10568
registered by this section is not registered, the county auditor10569
shall impose a penalty of one hundred dollars upon the owner and10570
deposit the amount to the credit of the county real estate10571
assessment fund to be used to pay the costs of administering this10572
section and section 4503.06 of the Revised Code. If unpaid, the10573
penalty shall constitute a lien on the home and shall be added by10574
the county auditor to the manufactured home tax list for10575
collection.10576

       (H)(1) Before moving a manufactured or mobile home on public10577
roads from one address within this state to another address10578
within or outside this state, the owner of the home shall obtain a10579
relocation notice, as provided by this section, from the auditor10580
of the county in which the home is located if the home is10581
currently subject to taxation pursuant to section 4503.06 of the10582
Revised Code. The auditor shall charge five dollars for the10583
notice, and deposit the amount to the credit of the county real10584
estate assessment fund to be used to pay the costs of10585
administering this section and section 4503.06 of the Revised10586
Code. The auditor shall not issue a relocation notice unless all10587
taxes owed on the home under section 4503.06 of the Revised Code10588
that were first charged to the home during the period of ownership10589
of the owner seeking the relocation notice have been paid. If the10590
home is being moved by a new owner of the home or by a party10591
taking repossession of the home, the auditor shall not issue a10592
relocation notice unless all of the taxes due for the preceding10593
five years and for the current year have been paid. A relocation10594
notice issued by a county auditor is valid until the last day of10595
December of the year in which it was issued.10596

       (2) If a manufactured or mobile home is not yet subject to10597
taxation under section 4503.06 of the Revised Code, the owner of10598
the home shall obtain a relocation notice from the dealer of the10599
home. Within thirty days after the manufactured or mobile home is10600
purchased, the dealer of the home shall provide the auditor of the10601
county in which the home is to be located written notice of the10602
name of the purchaser of the home, the registration number or10603
vehicle identification number of the home, and the address or10604
location to which the home is to be moved. The county auditor10605
shall provide to each manufactured and mobile home dealer, without10606
charge, a supply of relocation notices to be distributed to10607
purchasers pursuant to this section.10608

       (3) The notice shall be in the form of a one-foot square10609
yellow sign with the words "manufactured home relocation notice"10610
printed prominently on it. The name of the owner of the home, the10611
home's registration number or vehicle identification number, the10612
county and the address or location to which the home is being10613
moved, and the county in which the notice is issued shall also be10614
entered on the notice.10615

       (4) The relocation notice must be attached to the rear of10616
the home when the home is being moved on a public road. Except as10617
provided in division (H)(5) of this section, no person shall drive10618
a motor vehicle moving a manufactured or mobile home on a public10619
road from one address to another address within this state unless10620
a relocation notice is attached to the rear of the home.10621

       (5) If the county auditor determines that a manufactured or10622
mobile home has been moved without a relocation notice as required10623
under this division, the auditor shall impose a penalty of one10624
hundred dollars upon the owner of the home and upon the person who10625
moved the home and deposit the amount to the credit of the county10626
real estate assessment fund to pay the costs of administering this10627
section and section 4503.06 of the Revised Code. If the home was10628
relocated from one county in this state to another county in this10629
state and the county auditor of the county to which the home was10630
relocated imposes the penalty, that county auditor, upon10631
collection thereof, shall cause an amount equal to the penalty to10632
be transmitted from the county real estate assessment fund to the10633
county auditor of the county from which the home was relocated,10634
who shall deposit the amount to the credit of the county real10635
estate assessment fund. If the penalty on the owner is unpaid,10636
the penalty shall constitute a lien on the home and the auditor10637
shall add the penalty to the manufactured home tax list for10638
collection. If the county auditor determines that a dealer that10639
has sold a manufactured or mobile home has failed to timely10640
provide the information required under this division, the auditor10641
shall impose a penalty upon the dealer in the amount of one10642
hundred dollars. The penalty shall be credited to the county real10643
estate assessment fund and used to pay the costs of administering10644
this section and section 4503.06 of the Revised Code.10645

       (I)Whoever violates division (H)(4) of this section is10646
guilty of a minor misdemeanor.10647

       Sec. 4503.066.  (A)(1) To obtain a reduction in the10648
assessable value of a manufactured or mobile home under section10649
4503.065 of the Revised Code, the owner of the home shall file an10650
application with the county auditor of the county in which the10651
home is located. An application for reduction in assessable value10652
based upon a physical disability shall be accompanied by a10653
certificate signed by a physician, and an application for10654
reduction in assessable value based upon a mental disability shall10655
be accompanied by a certificate signed by a physician or10656
psychologist licensed to practice in this state. The certificate10657
shall attest to the fact that the applicant is permanently and10658
totally disabled, shall be in a form that the department of10659
taxation requires, and shall include the definition of totally and10660
permanently disabled as set forth in section 4503.064 of the10661
Revised Code. An application for reduction in assessable value10662
based upon a disability certified as permanent and total by a10663
state or federal agency having the function of so classifying10664
persons shall be accompanied by a certificate from that agency.10665

       (2) Each application shall constitute a continuing10666
application for a reduction in assessable value for each year in10667
which the manufactured or mobile home is occupied by the applicant10668
and in which the amount of the reduction in assessable value does10669
not exceed either the amount or per cent of the reduction for the10670
year in which the application was first filed. Failure to receive10671
a new application or notification under division (B) of this10672
section after a certificate of reduction has been issued under10673
section 4503.067 of the Revised Code is prima-facie evidence that10674
the original applicant is entitled to the reduction in assessable10675
value calculated on the basis of the information contained in the10676
original application. The original application and any subsequent10677
application shall be in the form of a signed statement and shall10678
be filed not later than the first Monday in June. The statement10679
shall be on a form, devised and supplied by the tax commissioner,10680
that shall require no more information than is necessary to10681
establish the applicant's eligibility for the reduction in10682
assessable value and the amount of the reduction to which the10683
applicant is entitled. The form shall contain a statement that10684
signing such application constitutes a delegation of authority by10685
the applicant to the county auditor to examine any financial10686
records that relate to income earned by the applicant as stated on10687
the application for the purpose of determining eligibility under,10688
or possible violation of, division (C) or (D) of this section. The10689
form also shall contain a statement that conviction of willfully10690
falsifying information to obtain a reduction in assessable value10691
or failing to comply with division (B) of this section shall10692
result in the revocation of the right to the reduction for a10693
period of three years.10694

       (3) A late application for a reduction in assessable value10695
for the year preceding the year for which an original application10696
is filed may be filed with an original application. If the10697
auditor determines that the information contained in the late10698
application is correct, the auditor shall determine both the10699
amount of the reduction in assessable value to which the applicant10700
would have been entitled for the current tax year had the10701
application been timely filed and approved in the preceding year,10702
and the amount the taxes levied under section 4503.06 of the10703
Revised Code for the current year would have been reduced as a10704
result of the reduction in assessable value. When an applicant is10705
permanently and totally disabled on the first day of January of10706
the year in which the applicant files a late application, the10707
auditor, in making the determination of the amounts of the10708
reduction in assessable value and taxes under division (A)(3) of10709
this section, is not required to determine that the applicant was10710
permanently and totally disabled on the first day of January of10711
the preceding year.10712

       The amount of the reduction in taxes pursuant to a late10713
application shall be treated as an overpayment of taxes by the10714
applicant. The auditor shall credit the amount of the overpayment10715
against the amount of the taxes or penalties then due from the10716
applicant, and, at the next succeeding settlement, the amount of10717
the credit shall be deducted from the amount of any taxes or10718
penalties distributable to the county or any taxing unit in the10719
county that has received the benefit of the taxes or penalties10720
previously overpaid, in proportion to the benefits previously10721
received. If, after the credit has been made, there remains a10722
balance of the overpayment, or if there are no taxes or penalties10723
due from the applicant, the auditor shall refund that balance to10724
the applicant by a warrant drawn on the county treasurer in favor10725
of the applicant. The treasurer shall pay the warrant from the10726
general fund of the county. If there is insufficient money in the10727
general fund to make the payment, the treasurer shall pay the10728
warrant out of any undivided manufactured or mobile home taxes10729
subsequently received by the treasurer for distribution to the10730
county or taxing district in the county that received the benefit10731
of the overpaid taxes, in proportion to the benefits previously10732
received, and the amount paid from the undivided funds shall be10733
deducted from the money otherwise distributable to the county or10734
taxing district in the county at the next or any succeeding10735
distribution. At the next or any succeeding distribution after10736
making the refund, the treasurer shall reimburse the general fund10737
for any payment made from that fund by deducting the amount of10738
that payment from the money distributable to the county or other10739
taxing unit in the county that has received the benefit of the10740
taxes, in proportion to the benefits previously received. On the10741
second Monday in September of each year, the county auditor shall10742
certify the total amount of the reductions in taxes made in the10743
current year under division (A)(3) of this section to the tax10744
commissioner who shall treat that amount as a reduction in taxes10745
for the current tax year and shall make reimbursement to the10746
county of that amount in the manner prescribed in section 4503.06810747
of the Revised Code, from moneys appropriated for that purpose.10748

       (B) If in any year after an application has been filed under10749
division (A) of this section the owner no longer qualifies for the10750
reduction in assessable value for which the owner was issued a10751
certificate or qualifies for a reduction that is less than either10752
the per cent or amount of the reduction to which the owner was10753
entitled in the year the application was filed, the owner shall10754
notify the county auditor that the owner is not qualified for a10755
reduction in the assessable value of the home or file a new10756
application under division (A) of this section.10757

       During January of each year, the county auditor shall furnish10758
each person issued a certificate of reduction in value, by10759
ordinary mail, a form on which to report any changes in total10760
income that would have the effect of increasing or decreasing the10761
reduction to which the person is entitled, changes in ownership of10762
the home, including changes in or revocation of a revocable inter10763
vivos trust, changes in disability, and other changes in the10764
information earlier furnished the auditor relative to the10765
application. The form shall be completed and returned to the10766
auditor not later than the first Monday in June if the changes10767
would affect the level of reduction in assessable value.10768

       (C) No person shall knowingly make a false statement for the10769
purpose of obtaining a reduction in assessable value under section10770
4503.065 of the Revised Code.10771

       (D) No person shall knowingly fail to notify the county10772
auditor of any change required by division (B) of this section10773
that has the effect of maintaining or securing a reduction in10774
assessable value of the home in excess of the reduction allowed10775
under section 4503.065 of the Revised Code.10776

       (E) No person shall knowingly make a false statement or10777
certification attesting to any person's physical or mental10778
condition for purposes of qualifying such person for tax relief10779
pursuant to sections 4503.064 to 4503.069 of the Revised Code.10780

       (F)Whoever violates division (C), (D), or (E) of this10781
section is guilty of a misdemeanor of the fourth degree.10782

       Sec. 4503.10.  (A) The owner of every snowmobile,10783
off-highway motorcycle, and all-purpose vehicle required to be10784
registered under section 4519.02 of the Revised Code shall file an10785
application for registration under section 4519.03 of the Revised10786
Code. The owner of a motor vehicle, other than a snowmobile,10787
off-highway motorcycle, or all-purpose vehicle, that is not10788
designed and constructed by the manufacturer for operation on a10789
street or highway may not register it under this chapter except10790
upon certification of inspection pursuant to section 4513.02 of10791
the Revised Code by the sheriff or chief of police of the10792
municipal or township police with jurisdiction over the political10793
subdivision in which the owner of the motor vehicle resides.10794
Except as provided in section 4503.103 of the Revised Code, every10795
owner of every other motor vehicle not previously described in10796
this section and every person mentioned as owner in the last10797
certificate of title of a motor vehicle that is operated or driven10798
upon the public roads or highways shall cause to be filed each10799
year, by mail or otherwise, in the office of the registrar of10800
motor vehicles or a deputy registrar, a written or electronic10801
application or a preprinted registration renewal notice issued10802
under section 4503.102 of the Revised Code, the form of which10803
shall be prescribed by the registrar, for registration for the10804
following registration year, which shall begin on the first day of10805
January of every calendar year and end on the thirty-first day of10806
December in the same year. Applications for registration and10807
registration renewal notices shall be filed at the times10808
established by the registrar pursuant to section 4503.101 of the10809
Revised Code. A motor vehicle owner also may elect to renew a10810
motor vehicle registration by electronic means using electronic10811
signature in accordance with rules adopted by the registrar.10812
Except as provided in division (J) of this section, applications10813
for registration shall be made on blanks furnished by the10814
registrar for that purpose, containing the following information:10815

       (1) A brief description of the motor vehicle to be10816
registered, including the name of the manufacturer, the factory10817
number of the vehicle, the year's model, and, in the case of10818
commercial cars, the gross weight of the vehicle fully equipped10819
computed in the manner prescribed in section 4503.08 of the10820
Revised Code;10821

       (2) The name and residence address of the owner, and the10822
township and municipal corporation in which the owner resides;10823

       (3) The district of registration, which shall be determined10824
as follows:10825

       (a) In case the motor vehicle to be registered is used for10826
hire or principally in connection with any established business or10827
branch business, conducted at a particular place, the district of10828
registration is the municipal corporation in which that place is10829
located or, if not located in any municipal corporation, the10830
county and township in which that place is located.10831

       (b) In case the vehicle is not so used, the district of10832
registration is the municipal corporation or county in which the10833
owner resides at the time of making the application.10834

       (4) Whether the motor vehicle is a new or used motor10835
vehicle;10836

       (5) The date of purchase of the motor vehicle;10837

       (6) Whether the fees required to be paid for the10838
registration or transfer of the motor vehicle, during the10839
preceding registration year and during the preceding period of the10840
current registration year, have been paid. Each application for10841
registration shall be signed by the owner, either manually or by10842
electronic signature, or pursuant to obtaining a limited power of10843
attorney authorized by the registrar for registration, or other10844
document authorizing such signature. If the owner elects to renew10845
the motor vehicle registration with the registrar by electronic10846
means, the owner's manual signature is not required.10847

       (7) The owner's social security number, if assigned, or,10848
where a motor vehicle to be registered is used for hire or10849
principally in connection with any established business, the10850
owner's federal taxpayer identification number.10851

       (B) Each time the applicant first registers a motor vehicle10852
in the applicant's name, the applicant shall present for10853
inspection a certificate of title or a memorandum certificate10854
showing title to the motor vehicle to be registered in the10855
applicant. When a motor vehicle inspection and maintenance10856
program is in effect under section 3704.14 of the Revised Code and10857
rules adopted under it, each application for registration for a10858
vehicle required to be inspected under that section and those10859
rules shall be accompanied by an inspection certificate for the10860
motor vehicle issued in accordance with that section. The10861
application shall be refused if any of the following applies:10862

       (1) The application is not in proper form.10863

       (2) The application is prohibited from being accepted by10864
division (D) of section 2935.27, division (A) of section 2937.221,10865
division (A) of section 4503.13, division (B) of section 4507.16810866
4510.22, or division (B)(1) of section 4521.10 of the Revised10867
Code.10868

       (3) A certificate of title or memorandum certificate of10869
title does not accompany the application.10870

       (4) All registration and transfer fees for the motor10871
vehicle, for the preceding year or the preceding period of the10872
current registration year, have not been paid.10873

       (5) The owner or lessee does not have an inspection10874
certificate for the motor vehicle as provided in section 3704.1410875
of the Revised Code, and rules adopted under it, if that section10876
is applicable.10877

       This section does not require the payment of license or10878
registration taxes on a motor vehicle for any preceding year, or10879
for any preceding period of a year, if the motor vehicle was not10880
taxable for that preceding year or period under sections 4503.02,10881
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the10882
Revised Code. When a certificate of registration is issued upon10883
the first registration of a motor vehicle by or on behalf of the10884
owner, the official issuing the certificate shall indicate the10885
issuance with a stamp on the certificate of title or memorandum10886
certificate and on the inspection certificate for the motor10887
vehicle, if any. The official also shall indicate, by a stamp or10888
by such other means as the registrar prescribes, on the10889
registration certificate issued upon the first registration of a10890
motor vehicle by or on behalf of the owner the odometer reading of10891
the motor vehicle as shown in the odometer statement included in10892
or attached to the certificate of title. Upon each subsequent10893
registration of the motor vehicle by or on behalf of the same10894
owner, the official also shall so indicate the odometer reading of10895
the motor vehicle as shown on the immediately preceding10896
certificate of registration.10897

       The registrar shall include in the permanent registration10898
record of any vehicle required to be inspected under section10899
3704.14 of the Revised Code the inspection certificate number from10900
the inspection certificate that is presented at the time of10901
registration of the vehicle as required under this division.10902

       (C) In addition, a charge of twenty-five cents shall be made10903
for each reflectorized safety license plate issued, and a single10904
charge of twenty-five cents shall be made for each county10905
identification sticker or each set of county identification10906
stickers issued, as the case may be, to cover the cost of10907
producing the license plates and stickers, including material,10908
manufacturing, and administrative costs. Those fees shall be in10909
addition to the license tax. If the total cost of producing the10910
plates is less than twenty-five cents per plate, or if the total10911
cost of producing the stickers is less than twenty-five cents per10912
sticker or per set issued, any excess moneys accruing from the10913
fees shall be distributed in the same manner as provided by10914
section 4501.04 of the Revised Code for the distribution of10915
license tax moneys. If the total cost of producing the plates10916
exceeds twenty-five cents per plate, or if the total cost of10917
producing the stickers exceeds twenty-five cents per sticker or10918
per set issued, the difference shall be paid from the license tax10919
moneys collected pursuant to section 4503.02 of the Revised Code.10920

       (D) Each deputy registrar shall be allowed a fee of two10921
dollars and twenty-five cents for each application for10922
registration and registration renewal notice the deputy registrar10923
receives, which shall be for the purpose of compensating the10924
deputy registrar for the deputy registrar's services, and such10925
office and rental expenses, as may be necessary for the proper10926
discharge of the deputy registrar's duties in the receiving of10927
applications and renewal notices and the issuing of licenses.10928

       (E) Upon the certification of the registrar, the county10929
sheriff or local police officials shall recover license plates10930
erroneously or fraudulently issued.10931

       (F) Each deputy registrar, upon receipt of any application10932
for registration or registration renewal notice, together with the10933
license fee and any local motor vehicle license tax levied10934
pursuant to Chapter 4504. of the Revised Code, shall transmit that10935
fee and tax, if any, in the manner provided in this section,10936
together with the original and duplicate copy of the application,10937
to the registrar. The registrar, subject to the approval of the10938
director of public safety, may deposit the funds collected by10939
those deputies in a local bank or depository to the credit of the10940
"state of Ohio, bureau of motor vehicles." Where a local bank or10941
depository has been designated by the registrar, each deputy10942
registrar shall deposit all moneys collected by the deputy10943
registrar into that bank or depository not more than one business10944
day after their collection and shall make reports to the registrar10945
of the amounts so deposited, together with any other information,10946
some of which may be prescribed by the treasurer of state, as the10947
registrar may require and as prescribed by the registrar by rule.10948
The registrar, within three days after receipt of notification of10949
the deposit of funds by a deputy registrar in a local bank or10950
depository, shall draw on that account in favor of the treasurer10951
of state. The registrar, subject to the approval of the director10952
and the treasurer of state, may make reasonable rules necessary10953
for the prompt transmittal of fees and for safeguarding the10954
interests of the state and of counties, townships, municipal10955
corporations, and transportation improvement districts levying10956
local motor vehicle license taxes. The registrar may pay service10957
charges usually collected by banks and depositories for such10958
service. If deputy registrars are located in communities where10959
banking facilities are not available, they shall transmit the fees10960
forthwith, by money order or otherwise, as the registrar, by rule10961
approved by the director and the treasurer of state, may10962
prescribe. The registrar may pay the usual and customary fees for10963
such service.10964

       (G) This section does not prevent any person from making an10965
application for a motor vehicle license directly to the registrar10966
by mail, by electronic means, or in person at any of the10967
registrar's offices, upon payment of a service fee of two dollars10968
and twenty-five cents for each application.10969

       (H) No person shall make a false statement as to the10970
district of registration in an application required by division10971
(A) of this section. Violation of this division is falsification10972
under section 2921.13 of the Revised Code and punishable as10973
specified in that section.10974

       (I)(1) Where applicable, the requirements of division (B) of10975
this section relating to the presentation of an inspection10976
certificate issued under section 3704.14 of the Revised Code and10977
rules adopted under it for a motor vehicle, the refusal of a10978
license for failure to present an inspection certificate, and the10979
stamping of the inspection certificate by the official issuing the10980
certificate of registration apply to the registration of and10981
issuance of license plates for a motor vehicle under sections10982
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,10983
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,10984
4503.47, and 4503.51 of the Revised Code.10985

       (2)(a) The registrar shall adopt rules ensuring that each10986
owner registering a motor vehicle in a county where a motor10987
vehicle inspection and maintenance program is in effect under10988
section 3704.14 of the Revised Code and rules adopted under it10989
receives information about the requirements established in that10990
section and those rules and about the need in those counties to10991
present an inspection certificate with an application for10992
registration or preregistration.10993

       (b) Upon request, the registrar shall provide the director10994
of environmental protection, or any person that has been awarded a10995
contract under division (D) of section 3704.14 of the Revised10996
Code, an on-line computer data link to registration information10997
for all passenger cars, noncommercial motor vehicles, and10998
commercial cars that are subject to that section. The registrar10999
also shall provide to the director of environmental protection a11000
magnetic data tape containing registration information regarding11001
passenger cars, noncommercial motor vehicles, and commercial cars11002
for which a multi-year registration is in effect under section11003
4503.103 of the Revised Code or rules adopted under it, including,11004
without limitation, the date of issuance of the multi-year11005
registration, the registration deadline established under rules11006
adopted under section 4503.101 of the Revised Code that was11007
applicable in the year in which the multi-year registration was11008
issued, and the registration deadline for renewal of the11009
multi-year registration.11010

       (J) Application for registration under the international11011
registration plan, as set forth in sections 4503.60 to 4503.66 of11012
the Revised Code, shall be made to the registrar on forms11013
furnished by the registrar. In accordance with international11014
registration plan guidelines and pursuant to rules adopted by the11015
registrar, the forms shall include the following:11016

       (1) A uniform mileage schedule;11017

       (2) The gross vehicle weight of the vehicle or combined11018
gross vehicle weight of the combination vehicle as declared by the11019
registrant;11020

       (3) Any other information the registrar requires by rule.11021

       Sec. 4503.102.  (A) The registrar of motor vehicles shall11022
adopt rules to establish a centralized system of motor vehicle11023
registration renewal by mail or by electronic means. Any person11024
owning a motor vehicle that was registered in the person's name11025
during the preceding registration year shall renew the11026
registration of the motor vehicle not more than ninety days prior11027
to the expiration date of the registration either by mail or by11028
electronic means through the centralized system of registration11029
established under this section, or in person at any office of the11030
registrar or at a deputy registrar's office.11031

       (B)(1) No less than forty-five days prior to the expiration11032
date of any motor vehicle registration, the registrar shall mail a11033
renewal notice to the person in whose name the motor vehicle is11034
registered. The renewal notice shall clearly state that the11035
registration of the motor vehicle may be renewed by mail or11036
electronic means through the centralized system of registration or11037
in person at any office of the registrar or at a deputy11038
registrar's office and shall be preprinted with information11039
including, but not limited to, the owner's name and residence11040
address as shown in the records of the bureau of motor vehicles, a11041
brief description of the motor vehicle to be registered, notice of11042
the license taxes and fees due on the motor vehicle, the toll-free11043
telephone number of the registrar as required under division11044
(D)(1) of section 4503.031 of the Revised Code, and any additional11045
information the registrar may require by rule. The renewal notice11046
shall be sent by regular mail to the owner's last known address as11047
shown in the records of the bureau of motor vehicles.11048

       (2) If the application for renewal of the registration of a11049
motor vehicle is prohibited from being accepted by the registrar11050
or a deputy registrar by division (D) of section 2935.27, division11051
(A) of section 2937.221, division (A) of section 4503.13, division11052
(B) of section 4507.1684510.22, or division (B)(1) of section11053
4521.10 of the Revised Code, the registrar is not required to send11054
a renewal notice to the vehicle owner or vehicle lessee.11055

       (C) The owner of the motor vehicle shall verify the11056
information contained in the notice, sign it either manually or by11057
electronic means, and return it, either by mail or electronic11058
means, or the owner may take it in person to any office of the11059
registrar or of a deputy registrar, together with a financial11060
transaction device number, when permitted by rule of the11061
registrar, check, or money order in the amount of the registration11062
taxes and fees payable on the motor vehicle and a mail fee of two11063
dollars and twenty-five cents plus postage as indicated on the11064
notice, if the registration is renewed by mail, and an inspection11065
certificate for the motor vehicle as provided in section 3704.1411066
of the Revised Code. If the motor vehicle owner chooses to renew11067
the motor vehicle registration by electronic means, the owner11068
shall proceed in accordance with the rules the registrar adopts.11069

       (D) If all registration and transfer fees for the motor11070
vehicle for the preceding year or the preceding period of the11071
current registration year have not been paid, if division (D) of11072
section 2935.27, division (A) of section 2937.221, division (A) of11073
section 4503.13, division (B) of section 4507.1684510.22, or11074
division (B)(1) of section 4521.10 of the Revised Code prohibits11075
acceptance of the renewal notice, or if the owner or lessee does11076
not have an inspection certificate for the motor vehicle as11077
provided in section 3704.14 of the Revised Code, if that section11078
is applicable, the license shall be refused, and the registrar or11079
deputy registrar shall so notify the owner. This section does not11080
require the payment of license or registration taxes on a motor11081
vehicle for any preceding year, or for any preceding period of a11082
year, if the motor vehicle was not taxable for that preceding year11083
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or11084
4503.16 or Chapter 4504. of the Revised Code.11085

       (E)(1) Failure to receive a renewal notice does not relieve11086
a motor vehicle owner from the responsibility to renew the11087
registration for the motor vehicle. Any person who has a motor11088
vehicle registered in this state and who does not receive a11089
renewal notice as provided in division (B) of this section prior11090
to the expiration date of the registration shall request an11091
application for registration from the registrar or a deputy11092
registrar and sign the application manually or by electronic means11093
and submit the application and pay any applicable license taxes11094
and fees to the registrar or deputy registrar.11095

       (2) If the owner of a motor vehicle submits an application11096
for registration and the registrar is prohibited by division (D)11097
of section 2935.27, division (A) of section 2937.221, division (A)11098
of section 4503.13, division (B) of section 4507.1684510.22, or11099
division (B)(1) of section 4521.10 of the Revised Code from11100
accepting the application, the registrar shall return the11101
application and the payment to the owner. If the owner of a motor11102
vehicle submits a registration renewal application to the11103
registrar by electronic means and the registrar is prohibited from11104
accepting the application as provided in this division, the11105
registrar shall notify the owner of this fact and deny the11106
application and return the payment or give a credit on the11107
financial transaction device account of the owner in the manner11108
the registrar prescribes by rule adopted pursuant to division (A)11109
of this section.11110

       (F) Every deputy registrar shall post in a prominent place11111
at the deputy's office a notice informing the public of the mail11112
registration system required by this section and also shall post a11113
notice that every owner of a motor vehicle and every chauffeur11114
holding a certificate of registration is required to notify the11115
registrar in writing of any change of residence within ten days11116
after the change occurs. The notice shall be in such form as the11117
registrar prescribes by rule.11118

       (G) The two dollars and twenty-five cents fee, plus postage11119
and any financial transaction device surcharge collected by the11120
registrar for registration by mail, shall be paid to the credit of11121
the state bureau of motor vehicles fund established by section11122
4501.25 of the Revised Code.11123

       (H) Pursuant to section 113.40 of the Revised Code, the11124
registrar may implement a program permitting payment of motor11125
vehicle registration taxes and fees, driver's license and11126
commercial driver's license fees, and any other taxes, fees,11127
penalties, or charges imposed or levied by the state by means of a11128
financial transaction device. The registrar may adopt rules as11129
necessary for this purpose.11130

       (I) For persons who reside in counties where tailpipe11131
emissions inspections are required under the motor vehicle11132
inspection and maintenance program, the notice required by11133
division (B) of this section shall also include the toll-free11134
telephone number maintained by the Ohio environmental protection11135
agency to provide information concerning the locations of11136
emissions testing centers.11137

       Sec. 4503.11.  (A) Except as provided by sections 4503.103,11138
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no11139
person who is the owner or chauffeur of a motor vehicle operated11140
or driven upon the public roads or highways shall fail to file11141
annually the application for registration or to pay the tax11142
therefor.11143

       (B) Except as provided by sections 4503.12 and 4503.16 of11144
the Revised Code, the taxes payable on all applications made under11145
sections 4503.10 and 4503.102 of the Revised Code shall be the sum11146
of the tax due under division (B)(1)(a) or (b) of this section11147
plus the tax due under division (B)(2)(a) or (b) of this section:11148

       (1)(a) If the application is made before the second month of11149
the current registration period to which the motor vehicle is11150
assigned as provided in section 4503.101 of the Revised Code, the11151
tax due is the full amount of the tax provided in section 4503.0411152
of the Revised Code;11153

       (b) If the application is made during or after the second11154
month of the current registration period to which the motor11155
vehicle is assigned as provided in section 4503.101 of the Revised11156
Code, and prior to the beginning of the next such registration11157
period, the amount of the tax provided in section 4503.04 of the11158
Revised Code shall be reduced by one-twelfth of the amount of such11159
tax, rounded upward to the nearest cent, multiplied by the number11160
of full months that have elapsed in the current registration11161
period. The resulting amount shall be rounded upward to the next11162
highest dollar and shall be the amount of tax due.11163

       (2)(a) If the application is made before the sixth month of11164
the current registration period to which the motor vehicle is11165
assigned as provided in section 4503.101 of the Revised Code, the11166
amount of tax due is the full amount of local motor vehicle11167
license taxes levied under Chapter 4504. of the Revised Code;11168

       (b) If the application is made during or after the sixth11169
month of the current registration period to which the motor11170
vehicle is assigned as provided in section 4503.101 of the Revised11171
Code and prior to the beginning of the next such registration11172
period, the amount of tax due is one-half of the amount of local11173
motor vehicle license taxes levied under Chapter 4504. of the11174
Revised Code.11175

       (C)Whoever violates this section is guilty of a misdemeanor11176
of the fourth degree.11177

       Sec. 4503.12. (A) Upon the transfer of ownership of a motor11178
vehicle, the registration of the motor vehicle expires and the11179
original owner immediately shall remove the license plates from11180
the motor vehicle, except that:11181

       (A)(1) If a statutory merger or consolidation results in the11182
transfer of ownership of a motor vehicle from a constituent11183
corporation to the surviving corporation, or if the incorporation11184
of a proprietorship or partnership results in the transfer of11185
ownership of a motor vehicle from the proprietorship or11186
partnership to the corporation, the registration shall be11187
continued upon the filing by the surviving or new corporation,11188
within thirty days of such transfer, of an application for an11189
amended certificate of registration, unless such registration is11190
prohibited by division (D) of section 2935.27, division (A) of11191
section 2937.221, division (B) of section 4507.1684510.22, or11192
division (B)(1) of section 4521.10 of the Revised Code. The11193
application shall be accompanied by a service fee of two dollars11194
and twenty-five cents, a transfer fee of one dollar, and the11195
original certificate of registration. Upon a proper filing, the11196
registrar of motor vehicles shall issue an amended certificate of11197
registration in the name of the new owner.11198

       (B)(2) If the death of the owner of a motor vehicle results11199
in the transfer of ownership of the motor vehicle to the surviving11200
spouse of the owner or if a motor vehicle is owned by two persons11201
under joint ownership with right of survivorship established under11202
section 2106.17 of the Revised Code and one of those persons dies,11203
the registration shall be continued upon the filing by the11204
surviving spouse of an application for an amended certificate of11205
registration, unless such registration is prohibited by division11206
(D) of section 2935.27, division (A) of section 2937.221, division11207
(A) of section 4503.13, division (B) of section 4507.1684510.22,11208
or division (B)(1) of section 4521.10 of the Revised Code. The11209
application shall be accompanied by a service fee of two dollars11210
and twenty-five cents, a transfer fee of one dollar, the original11211
certificate of registration, and, in relation to a motor vehicle11212
that is owned by two persons under joint ownership with right of11213
survivorship established under section 2106.17 of the Revised11214
Code, by a copy of the certificate of title that specifies that11215
the vehicle is owned under joint ownership with right of11216
survivorship. Upon a proper filing, the registrar shall issue an11217
amended certificate of registration in the name of the surviving11218
spouse.11219

       (C)(3) If the original owner of a motor vehicle that has11220
been transferred makes application for the registration of another11221
motor vehicle at any time during the remainder of the registration11222
period for which the transferred motor vehicle was registered, the11223
owner, unless such registration is prohibited by division (D) of11224
section 2935.27, division (A) of section 2937.221, division (A) of11225
section 4503.13, division (E)(D) of section 4503.234, division (B)11226
of section 4507.1684510.22, or division (B)(1) of section 4521.1011227
of the Revised Code, may file an application for transfer of the11228
registration and, where applicable, the license plates,11229
accompanied by a service fee of two dollars and twenty-five cents,11230
a transfer fee of one dollar, and the original certificate of11231
registration. The transfer of the registration and, where11232
applicable, the license plates from the motor vehicle for which11233
they originally were issued to a succeeding motor vehicle11234
purchased by the same person in whose name the original11235
registration and license plates were issued shall be done within a11236
period not to exceed thirty days. During that thirty-day period,11237
the license plates from the motor vehicle for which they11238
originally were issued may be displayed on the succeeding motor11239
vehicle, and the succeeding motor vehicle may be operated on the11240
public roads and highways in this state.11241

       At the time of application for transfer, the registrar shall11242
compute and collect the amount of tax due on the succeeding motor11243
vehicle, based upon the amount that would be due on a new11244
registration as of the date on which the transfer is made less a11245
credit for the unused portion of the original registration11246
beginning on that date. If the credit exceeds the amount of tax11247
due on the new registration, no refund shall be made. In11248
computing the amount of tax due and credits to be allowed under11249
this division, the provisions of division (B)(1)(a) and (b) of11250
section 4503.11 of the Revised Code shall apply. As to passenger11251
cars, noncommercial vehicles, motor homes, and motorcycles,11252
transfers within or between these classes of motor vehicles only11253
shall be allowed. If the succeeding motor vehicle is of a11254
different class than the motor vehicle for which the registration11255
originally was issued, new license plates also shall be issued11256
upon the surrender of the license plates originally issued and11257
payment of the fees provided in divisions (C) and (D) of section11258
4503.10 of the Revised Code.11259

       (D)(4) The owner of a commercial car having a gross vehicle11260
weight or combined gross vehicle weight of more than ten thousand11261
pounds may transfer the registration of that commercial car to11262
another commercial car the owner owns without transferring11263
ownership of the first commercial car, unless registration of the11264
second commercial car is prohibited by division (D) of section11265
2935.27, division (A) of section 2937.221, division (A) of section11266
4503.13, division (B) of section 4507.1684510.22, or division11267
(B)(1) of section 4521.10 of the Revised Code. At any time during11268
the remainder of the registration period for which the first11269
commercial car was registered, the owner may file an application11270
for the transfer of the registration and, where applicable, the11271
license plates, accompanied by a service fee of two dollars and11272
twenty-five cents, a transfer fee of one dollar, and the11273
certificate of registration of the first commercial car. The11274
amount of any tax due or credit to be allowed for a transfer of11275
registration under this division shall be computed in accordance11276
with division (C)(A)(3) of this section.11277

       No commercial car to which a registration is transferred11278
under this division shall be operated on a public road or highway11279
in this state until after the transfer of registration is11280
completed in accordance with this division.11281

       (E)(5) Upon application to the registrar or a deputy11282
registrar, a person who owns or leases a motor vehicle may11283
transfer special license plates assigned to that vehicle to any11284
other vehicle that the person owns or leases or that is owned or11285
leased by the person's spouse. The application shall be11286
accompanied by a service fee of two dollars and twenty-five cents,11287
a transfer fee of one dollar, and the original certificate of11288
registration. As appropriate, the application also shall be11289
accompanied by a power of attorney for the registration of a11290
leased vehicle and a written statement releasing the special11291
plates to the applicant. Upon a proper filing, the registrar or11292
deputy registrar shall assign the special license plates to the11293
motor vehicle owned or leased by the applicant and issue a new11294
certificate of registration for that motor vehicle.11295

       (B)Whoever violates this section is guilty of a misdemeanor11296
of the fourth degree.11297

       (C) As used in division (E)(A)(5) of this section, "special11298
license plates" means either of the following:11299

       (1) Any license plates for which the person to whom the11300
license plates are issued must pay an additional fee in excess of11301
the fees prescribed in section 4503.04 of the Revised Code,11302
Chapter 4504. of the Revised Code, and the service fee prescribed11303
in division (D) or (G) of section 4503.10 of the Revised Code;11304

       (2) License plates issued under section 4503.44 of the11305
Revised Code.11306

       Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon11307
application and proof of purchase of the vehicle, may be issued a11308
temporary license placard or windshield sticker for the motor11309
vehicle.11310

       The purchaser of a vehicle applying for a temporary license11311
placard or windshield sticker under this section shall execute an11312
affidavit stating that the purchaser has not been issued11313
previously during the current registration year a license plate11314
that could legally be transferred to such vehicle.11315

       Placards or windshield stickers shall be issued only for the11316
applicant's use of the vehicle to enable the applicant to legally11317
operate the motor vehicle while proper title, license plates, and11318
a certificate of registration are being obtained, and shall be11319
displayed on no other motor vehicle.11320

       Placards or windshield stickers issued under this section are11321
valid for a period of thirty days from date of issuance and are11322
not transferable or renewable.11323

       The fee for such placards or windshield stickers is two11324
dollars plus a fee of two dollars and twenty-five cents for each11325
such placard issued by a deputy registrar.11326

       (B) The registrar of motor vehicles may issue to a motorized11327
bicycle dealer or a licensed motor vehicle dealer temporary11328
license placards to be issued to purchasers for use on vehicles11329
sold by the licensed dealer, in accordance with rules prescribed11330
by the registrar. The dealer shall notify the registrar within11331
forty-eight hours of proof of issuance on a form prescribed by the11332
registrar.11333

       The fee for each such placard issued by the registrar to a11334
licensed motor vehicle dealer is two dollars plus a fee of two11335
dollars and twenty-five cents.11336

       (C) The registrar of motor vehicles, at the registrar's11337
discretion, may issue a temporary license placard. Such a placard11338
may be issued in the case of extreme hardship encountered by a11339
citizen from this state or another state who has attempted to11340
comply with all registration laws, but for extreme circumstances11341
is unable to properly register the citizen's vehicle.11342

       (D) The registrar shall adopt rules, in accordance with11343
division (B) of section 111.15 of the Revised Code, to specify the11344
procedures for reporting the information from applications for11345
temporary license placards and windshield stickers and for11346
providing the information from these applications to law11347
enforcement agencies.11348

       (E) Temporary license placards issued under this section11349
shall bear a distinctive combination of seven letters, numerals,11350
or letters and numerals, and shall incorporate a security feature11351
that, to the greatest degree possible, prevents tampering with any11352
of the information that is entered upon a placard when it is11353
issued.11354

       (F) Whoever violates division (A) of this section is guilty11355
of a misdemeanor of the fourth degree. Whoever violates division11356
(B) of this section is guilty of a misdemeanor of the first11357
degree.11358

       (G) As used in this section, "motorized bicycle dealer"11359
means any person engaged in the business of selling at retail,11360
displaying, offering for sale, or dealing in motorized bicycles11361
who is not subject to section 4503.09 of the Revised Code.11362

       Sec. 4503.19. (A) Upon the filing of an application for11363
registration and the payment of the tax for registration, the11364
registrar of motor vehicles or a deputy registrar shall determine11365
whether the owner previously has been issued license plates for11366
the motor vehicle described in the application. If no license11367
plates previously have been issued to the owner for that motor11368
vehicle, the registrar or deputy registrar shall assign to the11369
motor vehicle a distinctive number and issue and deliver to the11370
owner in the manner that the registrar may select a certificate of11371
registration, in the form that the registrar shall prescribe, and,11372
except as otherwise provided in this section, two license plates,11373
duplicates of each other, and a validation sticker, or a11374
validation sticker alone, to be attached to the number plates as11375
provided in section 4503.191 of the Revised Code. The registrar11376
or deputy registrar also shall charge the owner any fees required11377
under division (C) of section 4503.10 of the Revised Code.11378
Trailers, manufactured homes, mobile homes, semitrailers, the11379
manufacturer thereof, the dealer, or in transit companies therein,11380
shall be issued one license plate only and one validation sticker,11381
or a validation sticker alone, and the license plate and11382
validation sticker shall be displayed only on the rear of such11383
vehicles. A commercial tractor that does not receive an11384
apportioned license plate under the international registration11385
plan shall be issued two license plates and one validation11386
sticker, and the validation sticker shall be displayed on the11387
front of the commercial tractor. An apportioned vehicle receiving11388
an apportioned license plate under the international registration11389
plan shall be issued one license plate only and one validation11390
sticker, or a validation sticker alone; the license plate shall be11391
displayed only on the front of a semitractor and on the rear of11392
all other vehicles. School buses shall not be issued license11393
plates but shall bear identifying numbers in the manner prescribed11394
by section 4511.764 of the Revised Code. The certificate of11395
registration and license plates and validation stickers, or11396
validation stickers alone, shall be issued and delivered to the11397
owner in person or by mail. Chauffeured limousines shall be11398
issued license plates, a validation sticker, and a livery sticker11399
as provided in section 4503.24 of the Revised Code. In the event11400
of the loss, mutilation, or destruction of any certificate of11401
registration, or of any license plates or validation stickers, or11402
if the owner chooses to replace license plates previously issued11403
for a motor vehicle, or if the registration certificate and11404
license plates have been impounded as provided by division11405
(F)(B)(1) of section 4507.02 and division (A)(4) of section11406
4507.16 of the Revised Code, the owner of a motor vehicle, or11407
manufacturer or dealer, may obtain from the registrar, or from a11408
deputy registrar if authorized by the registrar, a duplicate11409
thereof or new license plates bearing a different number, if the11410
registrar considers it advisable, upon filing an application11411
prescribed by the registrar, and upon paying a fee of one dollar11412
for such certificate of registration, a fee of two dollars for11413
each set of two license plates, or one dollar for each single11414
license plate or validation sticker. In addition, each applicant11415
for a replacement certificate of registration, license plate, or11416
validation sticker shall pay the fees provided in divisions (C)11417
and (D) of section 4503.10 of the Revised Code.11418

       Additionally, the registrar and each deputy registrar who11419
either issues license plates and a validation sticker for use on11420
any vehicle other than a commercial tractor, semitrailer, or11421
apportioned vehicle, or who issues a validation sticker alone for11422
use on such a vehicle and the owner has changed the owner's county11423
of residence since the owner last was issued county identification11424
stickers, also shall issue and deliver to the owner either one or11425
two county identification stickers, as appropriate, which shall be11426
attached to the license plates in a manner prescribed by the11427
director of public safety. The county identification stickers11428
shall identify prominently by name or number the county in which11429
the owner of the vehicle resides at the time of registration.11430

       (B)Whoever violates this section is guilty of a minor11431
misdemeanor.11432

       Sec. 4503.21. (A) No person who is the owner or operator of11433
a motor vehicle shall fail to display in plain view on the front11434
and rear of the motor vehicle the distinctive number and11435
registration mark, including any county identification sticker and11436
any validation sticker issued under sections 4503.19 and 4503.19111437
of the Revised Code, furnished by the director of public safety,11438
except that a manufacturer of motor vehicles or dealer therein,11439
the holder of an in transit permit, and the owner or operator of a11440
motorcycle, motorized bicycle, manufactured home, mobile home,11441
trailer, or semitrailer shall display on the rear only. A motor11442
vehicle that is issued two license plates shall display the11443
validation sticker only on the rear license plate, except that a11444
commercial tractor that does not receive an apportioned license11445
plate under the international registration plan shall display the11446
validation sticker on the front of the commercial tractor. An11447
apportioned vehicle receiving an apportioned license plate under11448
the international registration plan shall display the license11449
plate only on the front of a commercial tractor and on the rear of11450
all other vehicles. All license plates shall be securely fastened11451
so as not to swing, and shall not be covered by any material that11452
obstructs their visibility.11453

       No person to whom a temporary license placard or windshield11454
sticker has been issued for the use of a motor vehicle under11455
section 4503.182 of the Revised Code, and no operator of that11456
motor vehicle, shall fail to display the temporary license placard11457
in plain view from the rear of the vehicle either in the rear11458
window or on an external rear surface of the motor vehicle, or11459
fail to display the windshield sticker in plain view on the rear11460
window of the motor vehicle. No temporary license placard or11461
windshield sticker shall be covered by any material that obstructs11462
its visibility.11463

       (B)Whoever violates this section is guilty of a minor11464
misdemeanor.11465

       Sec. 4503.231. (A) No motor vehicle registered in the name11466
of a person whose certificate of registration and identification11467
license plates have been impounded as provided by division11468
(F)(B)(1) of section 4507.02 of the Revised Code, shall be11469
operated or driven on any highway in this state unless it displays11470
identificationrestricted license plates whichthat are a11471
different color from those regularly issued and carry a special11472
serial number that may be readily identified by law enforcement11473
officers. The registrar of motor vehicles shall designate the11474
color and serial number to be used on suchrestricted license11475
plates, which shall remain the same from year to year and shall11476
not be displayed on any other motor vehicles.11477

       The bureau of motor vehicles shall adopt rules providing for11478
the decentralization of the issuance of identificationrestricted11479
license plates under this section. The rules shall provide for11480
the issuance of the identificationrestricted license plates by at11481
least one agency in each county.11482

       No person operating a motor vehicle displaying restricted11483
license plates as described in this division shall knowingly11484
disguise or obscure the color of the restricted plate.11485

       (B) If a person has been granted limited driving privileges11486
with a condition of the privileges being that the person must11487
display on the vehicle that is driven under the privileges11488
restricted license plates that are described in this section, all11489
of the following apply:11490

       (1) If a motor vehicle to be driven under the limited11491
driving privileges is owned by the person's employer and if the11492
person is required to operate that motor vehicle in the course and11493
scope of the person's employment, the person may operate that11494
vehicle without displaying on that vehicle restricted license11495
plates that are issued under this section if the employer has been11496
notified that the person has limited drivingprivileges and of the11497
nature of the restriction and if the person has proof of the11498
employer's notification in the person's possession while operating11499
the employer's vehicle for normal business duties. A motor11500
vehicle owned by a business that is partly or entirely owned or11501
controlled by the person with the limited driving privileges is11502
not a motor vehicle owned by an employer, for purposes of this11503
division.11504

       (2) If a motor vehicle to be driven under the limited11505
driving privileges is registered in a state other than this state,11506
instead of displaying on that vehicle restricted license plates11507
that are issued under this section, the person with the limited11508
driving privileges shall display on the vehicle a decal, as11509
prescribed by the registrar of motor vehicles, that states that11510
the vehicle is subject to limited driving privileges in this state11511
and that describes the restriction. The decal shall be displayed11512
on the bottom left cornerof the back window of the vehicle or, if11513
there is no back window, on the bottom left corner of the11514
windshield of the vehicle. The bureau of motor vehicles shall11515
adopt rules providing for the decentralization of the issuance of11516
the decals described in this division, with the rules providing11517
for the issuance of the decals by at least one agency in each11518
county.11519

       (C) Whoever violates this section is guilty of a minor11520
misdemeanor.11521

       Sec. 4503.233.  (A)(1) As used in this section, "vehicle11522
owner" means either of the following:11523

       (a) The person in whose name is registered, at the time of11524
the offense, a vehicle that is subject to an immobilization order11525
issued under division (A)(2) of this section;11526

       (b) A person to whom, at the time of the offense, the11527
certificate of title to a vehicle has been assigned and who has11528
not obtained a certificate of title to the vehicle in that11529
person's name but who is deemed by the court as being the owner of11530
the vehicle at the time of the offense for which the vehicle is11531
subject to an immobilization order issued under division (A)(2) of11532
this section.11533

       (2) If a court is required to order the immobilization of a11534
vehicle for a specified period of time pursuant to division (B)(1)11535
or (2), (C)(1) or (2), or (E)(1) of section 4507.99, pursuant to11536
division (A)(2)(b),, (6)(b), or (7)(b) of section 4511.99,11537
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section11538
4507.361, or pursuant to division (B)(2)(i) or (ii) of section11539
4510.11,4510.14,4510.16,4510.41,4511.19, 4511.193,or4511.20311540
of the Revised Code, the court shall issue an immobilization11541
order, subject to section 4503.235 of the Revised Code, in11542
accordance with this division and for the period of time specified11543
in the particular divisionsection, and the immobilization under11544
the order shall be in accordance with this section. The court, at11545
the time of sentencing the offender for the offense relative to11546
which the immobilization order is issued or as soon thereafter as11547
is practicable, shall give a copy of the order to the offender or11548
the offender's counsel and to the vehicle owner or the vehicle11549
owner's counsel. The court promptly shall send a copy of the11550
order to the registrar on a form prescribed by the registrar and11551
to the person or agency it designates to execute the order.11552

       The order shall indicate the date on which it is issued,11553
shall identify the vehicle that is subject to the order, and shall11554
specify all of the following:11555

       (a) The period of the immobilization;11556

       (b) The place at which the court determines that the11557
immobilization shall be carried out, provided that the court shall11558
not determine and shall not specify that the immobilization is to11559
be carried out at any place other than a commercially operated11560
private storage lot, a place owned by a law enforcement or other11561
government agency, or a place to which one of the following11562
applies:11563

       (i) The place is leased by or otherwise under the control of11564
a law enforcement or other government agency.11565

       (ii) The place is owned by the offender, the offender's11566
spouse, or a parent or child of the offender.11567

       (iii) The place is owned by a private person or entity, and,11568
prior to the issuance of the order, the private entity or person11569
that owns the place, or the authorized agent of that private11570
entity or person, has given express written consent for the11571
immobilization to be carried out at that place.11572

       (iv) The place is a public street or highway on which the11573
vehicle is parked in accordance with the law.11574

       (c) The person or agency designated by the court to execute11575
the order, which shall be either the law enforcement agency that11576
employs the law enforcement officer who seized the vehicle, a11577
bailiff of the court, another person the court determines to be11578
appropriate to execute the order, or the law enforcement agency11579
with jurisdiction over the place of residence of the vehicle11580
owner;11581

       (d) That neither the registrar nor a deputy registrar will11582
be permitted to accept an application for the license plate11583
registration of any motor vehicle in the name of the vehicle owner11584
until the immobilization fee is paid.11585

       (3)(2) The person or agency the court designates to11586
immobilize the vehicle shall seize or retain that vehicle's11587
license plates and forward them to the bureau of motor vehicles.11588

       (4)(3) In all cases, the vehicle owneroffender shall be11589
assessed an immobilization fee of one hundred dollars, and the11590
immobilization fee shall be paid to the registrar before the11591
vehicle may be released to the vehicle owneroffender Neither the11592
registrar nor a deputy registrar shall accept an application for11593
the registration of any motor vehicle in the name of the vehicle11594
owneroffender until the immobilization fee is paid.11595

       (5)(4) If the vehicle subject to the order is immobilized11596
pursuant to the order and is found being operated upon any street11597
or highway in this state during the immobilization period, it11598
shall be seized, removed from the street or highway, and11599
criminally forfeited and disposed of pursuant to section 4503.23411600
of the Revised Code.11601

       (6)(5) The registrar shall deposit the immobilization fee11602
into the law enforcement reimbursement fund created by section11603
4501.19 of the Revised Code. Money in the fund shall be expended11604
only as provided in division (A)(6)(5) of this section. If the11605
court designated in the order a court bailiff or another11606
appropriate person other than a law enforcement officer to11607
immobilize the vehicle, the amount of the fee deposited into the11608
law enforcement reimbursement fund shall be paid out to the county11609
treasury if the court that issued the order is a county court, to11610
the treasury of the municipal corporation served by the court if11611
the court that issued the order is a mayor's court, or to the city11612
treasury of the legislative authority of the court, both as11613
defined in section 1901.03 of the Revised Code, if the court that11614
issued the order is a municipal court. If the court designated a11615
law enforcement agency to immobilize the vehicle and if the law11616
enforcement agency immobilizes the vehicle, the amount of the fee11617
deposited into the law enforcement reimbursement fund shall be11618
paid out to the law enforcement agency to reimburse the agency for11619
the costs it incurs in obtaining immobilization equipment and, if11620
required, in sending an officer or other person to search for and11621
locate the vehicle specified in the immobilization order and to11622
immobilize the vehicle.11623

       In addition to the immobilization fee required to be paid11624
under division (A)(4)(3) of this section, the vehicle owner11625
offender may be charged expenses or charges incurred in the11626
removal and storage of the immobilized vehicle.11627

       (B) If a court issues an immobilization order under division11628
(A)(2)(1) of this section, the person or agency designated by the11629
court to execute the immobilization order promptly shall11630
immobilize or continue the immobilization of the vehicle at the11631
place specified by the court in the order. The registrar shall11632
not authorize the release of the vehicle or authorize the issuance11633
of new identification license plates for the vehicle at the end of11634
the immobilization period until the immobilization fee has been11635
paid.11636

       (C) Upon receipt of the license plates for a vehicle under11637
this section, the registrar shall destroy the license plates. At11638
the end of the immobilization period and upon the payment of the11639
immobilization fee that must be paid under this section, the11640
registrar shall authorize the release of the vehicle and authorize11641
the issuance, upon the payment of the same fee as is required for11642
the replacement of lost, mutilated, or destroyed license plates11643
and certificates of registration, of new license plates and, if11644
necessary, a new certificate of registration to the vehicle owner11645
offender for the vehicle in question.11646

       (D)(1) If a court issues an immobilization order under11647
division (A) of this section, the immobilization period commences11648
on the day on which the vehicle in question is immobilized. If11649
the vehicle in question had been seized under section 4507.3811650
4510.41 or 4511.195 of the Revised Code, the time between the11651
seizure and the beginning of the immobilization period shall be11652
credited against the immobilization period specified in the11653
immobilization order issued under division (A) of this section. No11654
vehicle that is impoundedimmobilized under this section is11655
eligible to have specialrestricted license plates of the type11656
described inunder section 4503.231 of the Revised Code issued for11657
that vehicle.11658

       (2) If a court issues an immobilization order under division11659
(A) of this section, if the vehicle subject to the order is11660
immobilized under the order, and if the vehicle is found being11661
operated upon any street or highway of this state during the11662
immobilization period, it shall be seized, removed from the street11663
or highway, and criminally forfeited, and disposed of pursuant to11664
section 4503.234 of the Revised Code. No vehicle that is11665
forfeited under this provision shall be considered contraband for11666
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised11667
Code, but shall be held by the law enforcement agency that employs11668
the officer who seized it for disposal in accordance with section11669
4503.234 of the Revised Code.11670

       (3) If a court issues an immobilization order under division11671
(A) of this section, and if the vehicle is not claimed within11672
seven days after the end of the period of immobilization or if the11673
vehicle owneroffender has not paid the immobilization fee, the11674
person or agency that immobilized the vehicle shall send a written11675
notice to the vehicle owneroffender at the vehicle owner's11676
offender's last known address informing the vehicle owneroffender11677
of the date on which the period of immobilization ended, that the11678
vehicle owneroffender has twenty days after the date of the11679
notice to pay the immobilization fee and obtain the release of the11680
vehicle, and that if the vehicle owneroffender does not pay the11681
fee and obtain the release of the vehicle within that twenty-day11682
period, the vehicle will be forfeited under section 4503.234 of11683
the Revised Code to the entity that is entitled to the11684
immobilization fee.11685

       (4) An owner of aoffender whose motor vehicle that is11686
subject to an immobilization order issued under division (A) of11687
this section shall not sell the motor vehicle without approval of11688
the court that issued the order. If such an owneroffender wishes11689
to sell the motor vehicle during the immobilization period, the11690
owneroffender shall apply to the court that issued the11691
immobilization order for permission to assign the title to the11692
vehicle. If the court is satisfied that the sale will be in good11693
faith and not for the purpose of circumventing the provisions of11694
division (A)(2)(1) of this section, it may certify its consent to11695
the owneroffender and to the registrar. Upon receipt of the11696
court's consent, the registrar shall enter the court's notice in11697
the owner'soffender's vehicle license plate registration record.11698

       If, during a period of immobilization under an immobilization11699
order issued under division (A) of this section, the title to the11700
immobilized motor vehicle is transferred by the foreclosure of a11701
chattel mortgage, a sale upon execution, the cancellation of a11702
conditional sales contract, or an order of a court, the involved11703
court shall notify the registrar of the action, and the registrar11704
shall enter the court's notice in the owner'soffender's vehicle11705
license plate registration record.11706

       Nothing in this section shall be construed as requiring the11707
registrar or the clerk of the court of common pleas to note upon11708
the certificate of title records any prohibition regarding the11709
sale of a motor vehicle.11710

       (5) If the title to a motor vehicle that is subject to an11711
immobilization order under division (A) of this section is11712
assigned or transferred without court approval between the time of11713
arrest of the person who was operating the vehicle at the time of11714
offender who committed the offense for which such an order is to11715
be issued and the time of the actual immobilization of the11716
vehicle, the court shall order that, for a period of two years11717
from the date of the order, neither the registrar nor any deputy11718
registrar shall accept an application for the registration of any11719
motor vehicle in the name of the owner of theoffender whose11720
vehicle that was assigned or transferred without court approval.11721
The court shall notify the registrar of the order on a form11722
prescribed by the registrar for that purpose.11723

       (E)(1) The court with jurisdiction over the case, after11724
notice to all interested parties including lienholders, and after11725
an opportunity for them to be heard, if the vehicle owneroffender11726
fails to appear in person, without good cause, or if the court11727
finds that the vehicle owneroffender does not intend to seek11728
release of the vehicle at the end of the period of immobilization11729
or that the vehicle owneroffender is not or will not be able to11730
pay the expenses and charges incurred in its removal and storage,11731
may order that title to the vehicle be transferred, in order of11732
priority, first into the name of the entity entitled to the11733
immobilization fee under division (A)(6)(5) of this section, next11734
into the name of a lienholder, or lastly, into the name of the11735
owner of the place of storage.11736

       A lienholder that receives title under a court order shall do11737
so on the condition that it pay any expenses or charges incurred11738
in the vehicle's removal and storage. If the entity that receives11739
title to the vehicle is the entity that is entitled to the11740
immobilization fee under division (A)(6)(5) of this section, it11741
shall receive title on the condition that it pay any lien on the11742
vehicle. The court shall not order that title be transferred to11743
any person or entity other than the owner of the place of storage11744
if the person or entity refuses to receive the title. Any person11745
or entity that receives title may either keep title to the vehicle11746
or may dispose of the vehicle in any legal manner that it11747
considers appropriate, including assignment of the certificate of11748
title to the motor vehicle to a salvage dealer or a scrap metal11749
processing facility. The person or entity shall not transfer the11750
vehicle to the person who is the vehicle's immediate previous11751
owner.11752

       If the person or entity assigns the motor vehicle to a11753
salvage dealer or scrap metal processing facility, the person or11754
entity shall send the assigned certificate of title to the motor11755
vehicle to the clerk of the court of common pleas of the county in11756
which the salvage dealer or scrap metal processing facility is11757
located. The person or entity shall mark the face of the11758
certificate of title with the words "FOR DESTRUCTION" and shall11759
deliver a photocopy of the certificate of title to the salvage11760
dealer or scrap metal processing facility for its records.11761

       (2) Whenever a court issues an order under division (E)(1)11762
of this section, the court also shall order removal of the license11763
plates from the vehicle and cause them to be sent to the registrar11764
if they have not already been sent to the registrar. Thereafter,11765
no further proceedings shall take place under this section, but11766
the vehicle owneroffender remains liable for payment of the11767
immobilization fee described in division (A)(4)(3) of this section11768
if an immobilization order previously had been issued by the11769
court.11770

       (3) Prior to initiating a proceeding under division (E)(1)11771
of this section, and upon payment of the fee under division (B) of11772
section 4505.14 of the Revised Code, any interested party may11773
cause a search to be made of the public records of the bureau of11774
motor vehicles or the clerk of the court of common pleas, to11775
ascertain the identity of any lienholder of the vehicle. The11776
initiating party shall furnish this information to the clerk of11777
the court with jurisdiction over the case, and the clerk shall11778
provide notice to the vehicle owner, the defendant, any11779
lienholder, and any other interested parties listed by the11780
initiating party, at the last known address supplied by the11781
initiating party, by certified mail or, at the option of the11782
initiating party, by personal service or ordinary mail.11783

       As used in this section, "interested party" includes the11784
vehicle owneroffender, all lienholders, the defendant, the owner11785
of the place of storage, the person or entity that caused the11786
vehicle to be removed, and the person or entity, if any, entitled11787
to the immobilization fee under division (A)(6)(5) of this11788
section.11789

       Sec. 4503.234.  (A) As used in this section, "vehicle owner"11790
means the person in whose name is registered a vehicle that is11791
subject to an order of forfeiture issued under this section.11792

       (B) If a court is required by section 4503.233, 4503.236,11793
4507.361, 4507.99,4510.11, 4510.14, 4510.16, 4510.41, 4511.19,11794
4511.193, or 4511.994511.203 of the Revised Code to order the11795
criminal forfeiture of a vehicle, the order shall be issued and11796
enforced in accordance with this division, subject to division11797
(C)(B) of this section and section 4503.235 of the Revised Code.11798
An order of criminal forfeiture issued under this division shall11799
authorize an appropriate law enforcement agency to seize the11800
vehicle ordered criminally forfeited upon the terms and conditions11801
that the court determines proper. No vehicle ordered criminally11802
forfeited pursuant to this division shall be considered contraband11803
for purposes of section 2933.41, 2933.42, or 2933.43 of the11804
Revised Code, but shall be held by the law enforcement agency that11805
employs the officer who seized it shall hold the vehicle for11806
disposal in accordance with this section. A forfeiture order may11807
be issued only after the vehicle owneroffender has been provided11808
with an opportunity to be heard. The prosecuting attorney shall11809
give the vehicle owneroffender written notice of the possibility11810
of forfeiture by sending a copy of the relevant uniform traffic11811
ticket or other written notice to the vehicle owneroffender not11812
less than seven days prior to the date of issuance of the11813
forfeiture order. A vehicle is subject to an order of criminal11814
forfeiture pursuant to this division upon the conviction of the11815
offender of or plea of guilty by the offender to a violation of11816
division (A) of section 4503.236, division (B)(1) or (D)(2) of11817
section 4507.02, section 4507.334510.11, 4510.14, 4510.16,or11818
4511.203, or division (A) of section 4511.19 of the Revised Code,11819
or a municipal ordinance that is substantially equivalent to11820
division (A) of section 4503.236, division (B)(1) or (D)(2) of11821
section 4507.02, section 4507.33, or division (A) of section11822
4511.19 of the Revised Codeany of those sections or divisions.11823

       (C)(B)(1) Prior to the issuance of an order of criminal11824
forfeiture pursuant to division (B) of this section, the law11825
enforcement agency that employs the law enforcement officer who11826
seized the vehicle shall conduct or cause to be conducted a search11827
of the appropriate public records that relate to the vehicle and11828
shall make or cause to be made reasonably diligent inquiries to11829
identify any lienholder or any person or entity with an ownership11830
interest in the vehicle. The court that is to issue the11831
forfeiture order also shall cause a notice of the potential order11832
relative to the vehicle and of the expected manner of disposition11833
of the vehicle after its forfeiture to be sent to any lienholder11834
or person who is known to the court to have any right, title, or11835
interest in the vehicle. The court shall give the notice by11836
certified mail, return receipt requested, or by personal service.11837

       (2) No order of criminal forfeiture shall be issued pursuant11838
to division (B) of this section if a lienholder or other person11839
with an ownership interest in the vehicle establishes to the11840
court, by a preponderance of the evidence after filing a motion11841
with the court, that the lienholder or other that person neither11842
knew nor should have known after a reasonable inquiry that the11843
vehicle would be used or involved, or likely would be used or11844
involved, in the violation resulting in the issuance of the order11845
of criminal forfeiture or the violation of the order of11846
immobilization issued under section 4503.233 of the Revised Code,11847
that the lienholder or other that person did not expressly or11848
impliedly consent to the use or involvement of the vehicle in that11849
violation, and that the lien or ownership interest was perfected11850
pursuant to law prior to the seizure of the vehicle under section11851
4503.236, 4507.38, or4510.41, 4511.195,or4511.203 of the11852
Revised Code. If the lienholder or holder of the ownership11853
interest satisfies the court that these criteria have been met,11854
the court shall preserve the holder's the lienholder's or other11855
person's lien or interest, and the court either shall return the11856
vehicle to the holder, the holder's or shall order that the the11857
holder's proceeds of any sale held pursuant to division (D)(C)(2)11858
of this section be paid to the lienholder or holder of the11859
interest less the costs of seizure, storage, and maintenance of11860
the vehicle. The court shall not return a vehicle to a lienholder11861
or a holder of an ownership interest under division (C)(2) of this11862
section unless the lienholder or holder submits an affidavit to11863
the court that states that the lienholder or holder will not11864
return the vehicle to the person from whom the vehicle was seized11865
pursuant to the order of criminal forfeiture or to any member of11866
that person's family and will not otherwise knowingly permit that11867
person or any member of that person's family to obtain possession11868
of the vehicle.11869

       (3) No order of criminal forfeiture shall be issued pursuant11870
to division (B) of this section if a person with an interest in11871
the vehicle establishes to the court, by a preponderance of the11872
evidence after filing a motion with the court, that the person11873
neither knew nor should have known after a reasonable inquiry that11874
the vehicle had been used or was involved in the violation11875
resulting in the issuance of the order of criminal forfeiture or11876
the violation of the order of immobilization issued under section11877
4503.233 of the Revised Code, that the person did not expressly or11878
impliedly consent to the use or involvement of the vehicle in that11879
violation, that the interest was perfected in good faith and for11880
value pursuant to law between the time of the arrest of the11881
offender and the final disposition of the criminal charge in11882
question, and that the vehicle was in the possession of the11883
vehicle ownerinterest holder at the time of the perfection of the11884
interest. If the court is satisfied that the interest holder has11885
met these criteria, the court shall preserve the holder's the11886
interest holder's interest, and the court either shall return the11887
vehicle to the interest holder the holder's or order that the the11888
holder's proceeds of any sale held pursuant to division (D)(C) of11889
this section be paid to the holder of the interest less the costs11890
of seizure, storage, and maintenance of the vehicle. The court11891
shall not return a vehicle to an interest holder under division11892
(C)(3) of this section unless the holder submits an affidavit to11893
the court stating that the holder will not return the vehicle to11894
the person from whom the holder acquired the holder's the holder's11895
interest, nor to any member of that person's family, and the11896
holder will not otherwise knowingly permit that person or any11897
member of that person's family to obtain possession of the11898
vehicle.11899

       (D)(C) A vehicle ordered criminally forfeited to the state11900
pursuant to division (B) of this section shall be disposed of as11901
follows:11902

       (1) It shall be given to the law enforcement agency that11903
employs the law enforcement officer who seized the vehicle, if11904
that agency desires to have it;11905

       (2) If a vehicle is not disposed of pursuant to division11906
(D)(C)(1) of this section, the vehicle shall be sold, without11907
appraisal, if the value of the vehicle is two thousand dollars or11908
more as determined by publications of the national auto dealer's11909
association, at a public auction to the highest bidder for cash. 11910
Prior to the sale, the prosecuting attorney in the case shall11911
cause a notice of the proposed sale to be given in accordance with11912
law. The court shall cause notice of the sale of the vehicle to11913
be published in a newspaper of general circulation in the county11914
in which the court is located at least seven days prior to the11915
date of the sale. The proceeds of a sale under this division or11916
division (G)(F) of this section shall be applied in the following11917
order:11918

       (a) First, they shall be applied to the payment of the costs11919
incurred in connection with the seizure, storage, and maintenance11920
of, and provision of security for, the vehicle, any proceeding11921
arising out of the forfeiture, and if any, the sale.11922

       (b) Second, the remaining proceeds after compliance with11923
division (D)(C)(2)(a) of this section, shall be applied to the11924
payment of the value of any lien or ownership interest in the11925
vehicle preserved under division (C)(B) of this section.11926

       (c) Third, the remaining proceeds, after compliance with11927
divisions (D)(C)(2)(a) and (b) of this section, shall be applied11928
to the appropriate funds in accordance with divisions (D)(1)(c)11929
and (2) of section 2933.43 of the Revised Code, provided that the11930
total of the amount so deposited under this division shall not11931
exceed one thousand dollars. The remaining proceeds deposited11932
under this division shall be used only for the purposes authorized11933
by those divisions and division (D)(3)(a)(ii) of that section.11934

       (d) Fourth, the remaining proceeds after compliance with11935
divisions (D)(C)(2)(a) and (b) of this section and after deposit11936
of a total amount of one thousand dollars under division11937
(D)(C)(2)(c) of this section shall be applied so that fifty per11938
cent of those remaining proceeds is paid into the reparation fund11939
established by section 2743.191 of the Revised Code, twenty-five11940
per cent is paid into the drug abuse resistance education programs11941
fund created by division (L)(F)(2)(e) of section 4511.191 of the11942
Revised Code and shall be used only for the purposes authorized by11943
division (L)(F)(2)(e) of that section, and twenty-five per cent is11944
applied to the appropriate funds in accordance with division11945
(D)(1)(c) of section 2933.43 of the Revised Code. The proceeds11946
deposited into any fund described in section 2933.43 of the11947
Revised Code shall be used only for the purposes authorized by11948
division (D)(1)(c), (2), and (3)(a)(ii) of that section.11949

       (E) Notwithstanding(D)Except as provided in division (E)11950
of section 4511.203 of the Revised Code and notwithstanding any11951
other provision of law, neither the registrar of motor vehicles11952
nor any deputy registrar shall accept an application for the11953
registration of any motor vehicle in the name of any person, or11954
register any motor vehicle in the name of any person, if both of11955
the following apply:11956

       (1) Any vehicle registered in the person's name was11957
criminally forfeited under division (B) of this section and11958
section 4503.233, 4503.236, 4507.361, 4507.994510.10, 4510.11,11959
4510.14, 4510.16, 4510.41, 4511.19, 4511.193, or 4511.994511.20311960
of the Revised Code;11961

       (2) Less than five years have expired since the issuance of11962
the most recent order of criminal forfeiture issued in relation to11963
a vehicle registered in the person's name.11964

       (F)(E) If a court is required by section 4503.233, 4503.236,11965
4507.361, 4507.994510.10, 4510.11, 4510.14, 4510.16, 4510.41,11966
4511.19, 4511.193, or 4511.994511.203 of the Revised Code to11967
order the criminal forfeiture to the state of a vehicle, and the11968
title to the motor vehicle is assigned or transferred, and11969
division (C)(B)(2) or (3) of this section applies, in addition to11970
or independent of any other penalty established by law, the court11971
may fine the offender the value of the vehicle as determined by11972
publications of the national auto dealer's association. The11973
proceeds from any fine imposed under this division (F) of this11974
section shall be distributed in accordance with division (D)(4)11975
(C)(2) of this section.11976

       (G)(F) As used in division (D) of this section and divisions11977
(D)(1)(c), (D)(2), and (D)(3)(a)(ii) of section 2933.43 of the11978
Revised Code in relation to proceeds of the sale of a vehicle11979
under division (D)(C) of this section, "prosecuting attorney"11980
includes the prosecuting attorney, village solicitor, city11981
director of law, or similar chief legal officer of a municipal11982
corporation who prosecutes the case resulting in the conviction or11983
guilty plea in question.11984

       (G) If the vehicle to be forfeited has an average retail11985
value of less than two thousand dollars as determined by11986
publications of the national auto dealer's association, no public11987
auction is required to be held. In such a case, the court may11988
direct that the vehicle be disposed of in any manner that it11989
considers appropriate, including assignment of the certificate of11990
title to the motor vehicle to a salvage dealer or a scrap metal11991
processing facility. The court shall not transfer the vehicle to11992
the person who is the vehicle's immediate previous owner.11993

       If the court assigns the motor vehicle to a salvage dealer or11994
scrap metal processing facility and the court is in possession of11995
the certificate of title to the motor vehicle, it shall send the11996
assigned certificate of title to the motor vehicle to the clerk of11997
the court of common pleas of the county in which the salvage11998
dealer or scrap metal processing facility is located. The court11999
shall mark the face of the certificate of title with the words12000
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate12001
of title to the salvage dealer or scrap metal processing facility12002
for its records.12003

       If the court is not in possession of the certificate of title12004
to the motor vehicle, the court shall issue an order transferring12005
ownership of the motor vehicle to a salvage dealer or scrap metal12006
processing facility, send the order to the clerk of the court of12007
common pleas of the county in which the salvage dealer or scrap12008
metal processing facility is located, and send a photocopy of the12009
order to the salvage dealer or scrap metal processing facility for12010
its records. The clerk shall make the proper notations or entries12011
in the clerk's records concerning the disposition of the motor12012
vehicle.12013

       Sec. 4503.236.  (A) No person shall operate a motor vehicle12014
or permit the operation of a motor vehicle upon any public or12015
private property used by the public for vehicular travel or12016
parking knowing or having reasonable cause to believe that the12017
motor vehicle has been ordered immobilized pursuant to an12018
immobilization order issued under section 4503.233 of the Revised12019
Code.12020

       (B) A motor vehicle that is operated by a person during a12021
violation of division (A) of this section shall be criminally12022
forfeited to the state in accordance with the procedures contained12023
in section 4503.234 of the Revised Code, but such forfeiture is12024
subject to section 4503.235 of the Revised Code.12025

       (C)Whoever violates division (A) of this section is guilty12026
of a misdemeanor of the second degree.12027

       Sec. 4503.28. (A) No person who is a manufacturer of,12028
dealer in, or distributor of motor vehicles shall fail to file an12029
application for registration and to pay the tax thereforfor the12030
registration and to apply for and pay the legal fees for as many12031
certified copies thereofof the registration as the law requires.12032

       (B)Whoever violates this section is guilty of a misdemeanor12033
of the fourth degree.12034

       Sec. 4503.30. (A) Any placards issued by the registrar of12035
motor vehicles and bearing the distinctive number assigned to a12036
manufacturer, dealer, or distributor pursuant to section 4503.2712037
of the Revised Code may be displayed on any motor vehicle, other12038
than commercial cars, or on any motorized bicycle owned by the12039
manufacturer, dealer, or distributor, or lawfully in the12040
possession or control of the manufacturer, or the agent or12041
employee of the manufacturer, the dealer, or the agent or employee12042
of the dealer, the distributor, or the agent or employee of the12043
distributor, and shall be displayed on no other motor vehicle or12044
motorized bicycle. A placard may be displayed on a motor vehicle,12045
other than a commercial car, owned by a dealer when the vehicle is12046
in transit from a dealer to a purchaser, when the vehicle is being12047
demonstrated for sale or lease, or when the vehicle otherwise is12048
being utilized by the dealer. A vehicle bearing a placard issued12049
to a dealer under section 4503.27 of the Revised Code may be12050
operated by the dealer, an agent or employee of the dealer, a12051
prospective purchaser, or a third party operating the vehicle with12052
the permission of the dealer.12053

       Such placards may be displayed on commercial cars only when12054
the cars are in transit from a manufacturer to a dealer, from a12055
distributor to a dealer or distributor, or from a dealer to a12056
purchaser, or when the cars are being demonstrated for sale or12057
lease, and shall not be displayed when the cars are being used for12058
delivery, hauling, transporting, or other commercial purpose.12059

       (B)Whoever violates this section is guilty of a misdemeanor12060
of the third degree.12061

       Sec. 4503.301.  (A) A manufacturer, dealer, or distributor12062
of motor vehicles may apply for a reasonable number of commercial12063
car demonstration placards. The application shall show the make12064
of commercial cars, commercial tractors, trailers, and12065
semitrailers manufactured, dealt, or distributed in and shall show12066
the taxing district in which the applicant's place of business is12067
located.12068

       Upon the filing of such application and the payment of an12069
annual fee of five hundred dollars and appropriate postage as12070
required by the registrar of motor vehicles, the registrar shall12071
assign to the applicant a distinctive placard and number. Such12072
placards shall be known as "commercial car demonstration12073
placards," and shall expire on a date prescribed by the registrar. 12074
Upon the first application by any person for such placards, the12075
registrar shall prorate the annual fee in accordance with section12076
4503.11 of the Revised Code; for all renewals or replacements of12077
such placards, the registrar shall collect the full amount of the12078
annual fee.12079

       Commercial car demonstration placards may be displayed on12080
commercial cars, commercial tractors, trailers and semitrailers12081
owned by the manufacturer, dealer, or distributor, when those12082
vehicles are operated by or being demonstrated to a prospective12083
purchaser. In addition to the purposes permitted by section12084
4503.30 of the Revised Code, the placards provided for in this12085
section may be displayed on vehicles operated or used for12086
delivery, hauling, transporting, or any other lawful purpose. When12087
such placards are used, the placards provided for in section12088
4503.30 of the Revised Code need not be displayed.12089

       The operator of any commercial car, commercial tractor,12090
trailer, or semitrailer displaying the placards provided for in12091
this section, at all times, shall carry with the operator a letter12092
from the manufacturer, dealer, or distributor authorizing the use12093
of such manufacturer's, dealer's, or distributor's commercial car12094
demonstration placards.12095

       When such placards are used on any commercial car or12096
commercial tractor, such power unit shall be considered duly12097
registered and licensed for the purposes of section 4503.38 of the12098
Revised Code.12099

       (B) No manufacturer, dealer, or distributor of motor12100
vehicles shall use the commercial car demonstration placard for12101
purposes other than those authorized by this section.12102

       (C)Whoever violates division (B) of this section is guilty12103
of a misdemeanor of the third degree.12104

       Sec. 4503.32. (A) No person shall use the license placards12105
provided for in section 4503.31 of the Revised Code contrary to12106
said section.12107

       (B)Whoever violates this section is guilty of a misdemeanor12108
of the third degree.12109

       Sec. 4503.34. (A) No person who is a drive-away operator or12110
trailer transporter, or both, engaged in the business of12111
transporting and delivering new motor vehicles or used motor12112
vehicles, or both, by means of the full mount method, the saddle12113
mount method, the tow bar method, the tow-away method, or any12114
combination thereof, or under their own power, shall fail to file12115
an application as required by section 4503.33 of the Revised Code,12116
and to pay the fees therefor and to apply for and pay the legal12117
fees for as many certified copies thereof as said section12118
requires.12119

       (B)Whoever violates this section is guilty of a minor12120
misdemeanor.12121

       Sec. 4503.39.  With regard to a motor vehicle leased by or in12122
the name of a person named in a declaration of forfeiture12123
suspension order, the registrar of motor vehicles shall adopt12124
procedures as indicated in division (D) of section 2935.27,12125
division (A) of section 2937.221, and division (B) of section12126
4507.1684510.22 of the Revised Code. The procedures shall12127
prescribe the information and methodology necessary to implement12128
those divisions.12129

       Sec. 4503.44.  (A) As used in this section and in section12130
4511.69 of the Revised Code:12131

       (1) "Person with a disability that limits or impairs the12132
ability to walk" means any person who, as determined by a12133
physician or chiropractor, meets any of the following criteria:12134

       (a) Cannot walk two hundred feet without stopping to rest;12135

       (b) Cannot walk without the use of, or assistance from, a12136
brace, cane, crutch, another person, prosthetic device,12137
wheelchair, or other assistive device;12138

       (c) Is restricted by a lung disease to such an extent that12139
the person's forced (respiratory) expiratory volume for one12140
second, when measured by spirometry, is less than one liter, or12141
the arterial oxygen tension is less than sixty millimeters of12142
mercury on room air at rest;12143

       (d) Uses portable oxygen;12144

       (e) Has a cardiac condition to the extent that the person's12145
functional limitations are classified in severity as class III or12146
class IV according to standards set by the American heart12147
association;12148

       (f) Is severely limited in the ability to walk due to an12149
arthritic, neurological, or orthopedic condition;12150

       (g) Is blind.12151

       (2) "Organization" means any private organization or12152
corporation, or any governmental board, agency, department,12153
division, or office, that, as part of its business or program,12154
transports persons with disabilities that limit or impair the12155
ability to walk on a regular basis in a motor vehicle that has not12156
been altered for the purpose of providing it with special12157
equipment for use by handicapped persons. This definition does12158
not apply to division (J) of this section.12159

       (3) "Physician" means a person licensed to practice medicine12160
or surgery or osteopathic medicine and surgery under Chapter 4731.12161
of the Revised Code.12162

       (4) "Chiropractor" means a person licensed to practice12163
chiropractic under Chapter 4734. of the Revised Code.12164

       (B) Any organization or person with a disability that limits12165
or impairs the ability to walk may apply to the registrar of motor12166
vehicles for a removable windshield placard or, if the person owns12167
or leases a motor vehicle, the person may apply for the12168
registration of any motor vehicle the person owns or leases. In12169
addition to one or more sets of license plates or one placard, a12170
person with a disability that limits or impairs the ability to12171
walk is entitled to one additional placard, but only if the person12172
applies separately for the additional placard, states the reasons12173
why the additional placard is needed, and the registrar, in the12174
registrar's discretion, determines that good and justifiable cause12175
exists to approve the request for the additional placard. When a12176
motor vehicle has been altered for the purpose of providing it12177
with special equipment for a person with a disability that limits12178
or impairs the ability to walk, but is owned or leased by someone12179
other than such a person, the owner or lessee may apply to the12180
registrar or a deputy registrar for registration under this12181
section. The application for registration of a motor vehicle12182
owned or leased by a person with a disability that limits or12183
impairs the ability to walk shall be accompanied by a signed12184
statement from the applicant's personal physician or chiropractor12185
certifying that the applicant meets at least one of the criteria12186
contained in division (A)(1) of this section and that the12187
disability is expected to continue for more than six consecutive12188
months. The application for a removable windshield placard made12189
by a person with a disability that limits or impairs the ability12190
to walk shall be accompanied by a prescription from the12191
applicant's personal physician or chiropractor prescribing such a12192
placard for the applicant, and by a signed statement certifying12193
that the applicant meets at least one of the criteria contained in12194
division (A)(1) of this section. The physician or chiropractor12195
shall state on the prescription the length of time the physician12196
or chiropractor expects the applicant to have the disability that12197
limits or impairs the applicant's ability to walk. The12198
application for a removable windshield placard made by an12199
organization shall be accompanied by such documentary evidence of12200
regular transport of persons with disabilities that limit or12201
impair the ability to walk by the organization as the registrar12202
may require by rule and shall be completed in accordance with12203
procedures that the registrar may require by rule. The12204
application for registration of a motor vehicle that has been12205
altered for the purpose of providing it with special equipment for12206
a person with a disability that limits or impairs the ability to12207
walk but is owned by someone other than such a person shall be12208
accompanied by such documentary evidence of vehicle alterations as12209
the registrar may require by rule.12210

       (C) When an organization, a person with a disability that12211
limits or impairs the ability to walk, or a person who does not12212
have a disability that limits or impairs the ability to walk but12213
owns a motor vehicle that has been altered for the purpose of12214
providing it with special equipment for a person with a disability12215
that limits or impairs the ability to walk first submits an12216
application for registration of a motor vehicle under this section12217
and every fifth year thereafter, the organization or person shall12218
submit a signed statement from the applicant's personal physician12219
or chiropractor, a completed application, and any required12220
documentary evidence of vehicle alterations as provided in12221
division (B) of this section, and also a power of attorney from12222
the owner of the motor vehicle if the applicant leases the12223
vehicle. Upon submission of these items, the registrar or deputy12224
registrar shall issue to the applicant appropriate vehicle12225
registration and a set of license plates and validation stickers,12226
or validation stickers alone when required by section 4503.191 of12227
the Revised Code. In addition to the letters and numbers12228
ordinarily inscribed thereon, the license plates shall be12229
imprinted with the international symbol of access. The license12230
plates and validation stickers shall be issued upon payment of the12231
regular license fee as prescribed under section 4503.04 of the12232
Revised Code and any motor vehicle tax levied under Chapter 4504.12233
of the Revised Code, and the payment of a service fee equal to the12234
amount specified in division (D) or (G) of section 4503.10 of the12235
Revised Code.12236

       (D)(1) Upon receipt of a completed and signed application12237
for a removable windshield placard, a prescription as described in12238
division (B) of this section, documentary evidence of regular12239
transport of persons with disabilities that limit or impair the12240
ability to walk, if required, and payment of a service fee equal12241
to the amount specified in division (D) or (G) of section 4503.1012242
of the Revised Code, the registrar or deputy registrar shall issue12243
to the applicant a removable windshield placard, which shall bear12244
the date of expiration on both sides of the placard and shall be12245
valid until expired, revoked, or surrendered. Every removable12246
windshield placard expires as described in division (D)(2) of this12247
section, but in no case shall a removable windshield placard be12248
valid for a period of less than sixty days. Removable windshield12249
placards shall be renewable upon application as provided in12250
division (B) of this section, and a service fee equal to the12251
amount specified in division (D) or (G) of section 4503.10 of the12252
Revised Code shall be charged for the renewal of a removable12253
windshield placard. The registrar shall provide the application12254
form and shall determine the information to be included thereon.12255
The registrar also shall determine the form and size of the12256
removable windshield placard, the material of which it is to be12257
made, and any other information to be included thereon, and shall12258
adopt rules relating to the issuance, expiration, revocation,12259
surrender, and proper display of such placards. Any placard12260
issued after October 14, 1999, shall be manufactured in a manner12261
that allows the expiration date of the placard to be indicated on12262
it through the punching, drilling, boring, or creation by any12263
other means of holes in the placard.12264

       (2) At the time a removable windshield placard is issued to12265
a person with a disability that limits or impairs the ability to12266
walk, the registrar or deputy registrar shall enter into the12267
records of the bureau of motor vehicles the last date on which the12268
person will have that disability, as indicated on the accompanying12269
prescription. Not less than thirty days prior to that date and12270
all removable windshield placard renewal dates, the bureau shall12271
send a renewal notice to that person at the person's last known12272
address as shown in the records of the bureau, informing the12273
person that the person's removable windshield placard will expire12274
on the indicated date not to exceed five years from the date of12275
issuance, and that the person is required to renew the placard by12276
submitting to the registrar or a deputy registrar another12277
prescription, as described in division (B) of this section, and by12278
complying with the renewal provisions prescribed in division12279
(D)(1) of this section. If such a prescription is not received by12280
the registrar or a deputy registrar by that date, the placard12281
issued to that person expires and no longer is valid, and this12282
fact shall be recorded in the records of the bureau.12283

       (3) At least once every year, on a date determined by the12284
registrar, the bureau shall examine the records of the office of12285
vital statistics, located within the department of health, that12286
pertain to deceased persons, and also the bureau's records of all12287
persons who have been issued removable windshield placards and12288
temporary removable windshield placards. If the records of the12289
office of vital statistics indicate that a person to whom a12290
removable windshield placard or temporary removable windshield12291
placard has been issued is deceased, the bureau shall cancel that12292
placard, and note the cancellation in its records.12293

       The office of vital statistics shall make available to the12294
bureau all information necessary to enable the bureau to comply12295
with division (D)(3) of this section.12296

       (4) Nothing in this section shall be construed to require a12297
person or organization to apply for a removable windshield placard12298
or special license plates if the parking card or special license12299
plates issued to the person or organization under prior law have12300
not expired or been surrendered or revoked.12301

       (E) Any person with a disability that limits or impairs the12302
ability to walk may apply to the registrar or a deputy registrar12303
for a temporary removable windshield placard. The application for12304
a temporary removable windshield placard shall be accompanied by a12305
prescription from the applicant's personal physician or12306
chiropractor prescribing such a placard for the applicant, and by12307
a signed statement certifying that the applicant meets at least12308
one of the criteria contained in division (A)(1) of this section12309
and that the disability is expected to continue for six12310
consecutive months or less. The physician or chiropractor shall12311
state on the prescription the length of time the physician or12312
chiropractor expects the applicant to have the disability that12313
limits or impairs the applicant's ability to walk, which cannot12314
exceed six months from the date of the prescription. Upon receipt12315
of an application for a temporary removable windshield placard,12316
presentation of the prescription and the signed statement from the12317
applicant's personal physician or chiropractor, and payment of a12318
service fee equal to the amount specified in division (D) or (G)12319
of section 4503.10 of the Revised Code, the registrar or deputy12320
registrar shall issue to the applicant a temporary removable12321
windshield placard. The temporary removable windshield placard12322
shall be of the same size and form as the removable windshield12323
placard, shall be printed in white on a red-colored background,12324
and shall bear the word "temporary" in letters of such size as the12325
registrar shall prescribe. A temporary removable windshield12326
placard also shall bear the date of expiration on the front and12327
back of the placard, and shall be valid until expired,12328
surrendered, or revoked, but in no case shall such a placard be12329
valid for a period of less than sixty days. The registrar shall12330
provide the application form and shall determine the information12331
to be included on it. The registrar also shall determine the12332
material of which the temporary removable windshield placard is to12333
be made and any other information to be included on the placard12334
and shall adopt rules relating to the issuance, expiration,12335
surrender, revocation, and proper display of those placards. Any12336
temporary removable windshield placard issued after October 14,12337
1999, shall be manufactured in a manner that allows for the12338
expiration date of the placard to be indicated on it through the12339
punching, drilling, boring, or creation by any other means of12340
holes in the placard.12341

       (F) If an applicant for a removable windshield placard is a12342
veteran of the armed forces of the United States whose disability,12343
as defined in division (A)(1) of this section, is12344
service-connected, the registrar or deputy registrar, upon receipt12345
of the application, presentation of a signed statement from the12346
applicant's personal physician or chiropractor certifying the12347
applicant's disability, and presentation of such documentary12348
evidence from the department of veterans affairs that the12349
disability of the applicant meets at least one of the criteria12350
identified in division (A)(1) of this section and is12351
service-connected as the registrar may require by rule, but12352
without the payment of any service fee, shall issue the applicant12353
a removable windshield placard that is valid until expired,12354
surrendered, or revoked.12355

       Upon a conviction of a violation of division (H), (I), or (J)12356
of this section, the court shall report the conviction, and send12357
the placard or parking card, if available, to the registrar, who12358
thereupon shall revoke the privilege of using the placard or12359
parking card and send notice in writing to the placardholder or12360
cardholder at that holder's last known address as shown in the12361
records of the bureau, and the placardholder or cardholder shall12362
return the placard or card if not previously surrendered to the12363
court, to the registrar within ten days following mailing of the12364
notice.12365

       Whenever a person to whom a removable windshield placard or12366
parking card has been issued moves to another state, the person12367
shall surrender the placard or card to the registrar; and whenever12368
an organization to which a placard or card has been issued changes12369
its place of operation to another state, the organization shall12370
surrender the placard or card to the registrar.12371

       (G) Subject to division (F) of section 4511.69 of the12372
Revised Code, the operator of a motor vehicle displaying a12373
removable windshield placard, temporary removable windshield12374
placard, parking card, or the special license plates authorized by12375
this section is entitled to park the motor vehicle in any special12376
parking location reserved for persons with disabilities that limit12377
or impair the ability to walk, also known as handicapped parking12378
spaces or disability parking spaces.12379

       (H) No person or organization that is not eligible under12380
division (B) or (E) of this section shall willfully and falsely12381
represent that the person or organization is so eligible.12382

       No person or organization shall display license plates issued12383
under this section unless the license plates have been issued for12384
the vehicle on which they are displayed and are valid.12385

       (I) No person or organization to which a removable12386
windshield placard or temporary removable windshield placard is12387
issued shall do either of the following:12388

       (1) Display or permit the display of the placard on any12389
motor vehicle when having reasonable cause to believe the motor12390
vehicle is being used in connection with an activity that does not12391
include providing transportation for persons with disabilities12392
that limit or impair the ability to walk;12393

       (2) Refuse to return or surrender the placard, when12394
required.12395

       (J)(1) No person or organization to which a parking card is12396
issued shall do either of the following:12397

       (a) Display or permit the display of the parking card on any12398
motor vehicle when having reasonable cause to believe the motor12399
vehicle is being used in connection with an activity that does not12400
include providing transportation for a handicapped person;12401

       (b) Refuse to return or surrender the parking card, when12402
required.12403

       (2) As used in division (J) of this section:12404

       (a) "Handicapped person" means any person who has lost the12405
use of one or both legs or one or both arms, who is blind, deaf,12406
or so severely handicapped as to be unable to move about without12407
the aid of crutches or a wheelchair, or whose mobility is12408
restricted by a permanent cardiovascular, pulmonary, or other12409
handicapping condition.12410

       (b) "Organization" means any private organization or12411
corporation, or any governmental board, agency, department,12412
division, or office, that, as part of its business or program,12413
transports handicapped persons on a regular basis in a motor12414
vehicle that has not been altered for the purposes of providing it12415
with special equipment for use by handicapped persons.12416

       (K) If a removable windshield placard, temporary removable12417
windshield placard, or parking card is lost, destroyed, or12418
mutilated, the placardholder or cardholder may obtain a duplicate12419
by doing both of the following:12420

       (1) Furnishing suitable proof of the loss, destruction, or12421
mutilation to the registrar;12422

       (2) Paying a service fee equal to the amount specified in12423
division (D) or (G) of section 4503.10 of the Revised Code.12424

       Any placardholder or cardholder who loses a placard or card12425
and, after obtaining a duplicate, finds the original, immediately12426
shall surrender the original placard or card to the registrar.12427

       (L) The registrar shall pay all fees received under this12428
section for the issuance of removable windshield placards or12429
temporary removable windshield placards or duplicate removable12430
windshield placards or cards into the state treasury to the credit12431
of the state bureau of motor vehicles fund created in section12432
4501.25 of the Revised Code.12433

       (M) For purposes of enforcing this section, every peace12434
officer is deemed to be an agent of the registrar. Any peace12435
officer or any authorized employee of the bureau of motor vehicles12436
who, in the performance of duties authorized by law, becomes aware12437
of a person whose placard or parking card has been revoked12438
pursuant to this section, may confiscate that placard or parking12439
card and return it to the registrar. The registrar shall12440
prescribe any forms used by law enforcement agencies in12441
administering this section.12442

       No peace officer, law enforcement agency employing a peace12443
officer, or political subdivision or governmental agency employing12444
a peace officer, and no employee of the bureau is liable in a12445
civil action for damages or loss to persons arising out of the12446
performance of any duty required or authorized by this section. As12447
used in this division, "peace officer" has the same meaning as in12448
division (B) of section 2935.01 of the Revised Code.12449

       (N) All applications for registration of motor vehicles,12450
removable windshield placards, and temporary removable windshield12451
placards issued under this section, all renewal notices for such12452
items, and all other publications issued by the bureau that relate12453
to this section shall set forth the criminal penalties that may be12454
imposed upon a person who violates any provision relating to12455
special license plates issued under this section, the parking of12456
vehicles displaying such license plates, and the issuance,12457
procurement, use, and display of removable windshield placards and12458
temporary removable windshield placards issued under this section.12459

       (O)Whoever violates this section is guilty of a misdemeanor12460
of the fourth degree.12461

       Sec. 4503.46.  (A) For the purposes of this section,12462
"prisoner of war" means any regularly appointed, enrolled,12463
enlisted, or inducted member of the military forces of the United12464
States who was captured, separated, and incarcerated by an enemy12465
of the United States at any time, and any regularly appointed,12466
enrolled, or enlisted member of the military forces of Great12467
Britain, France, any of the countries that comprised the former12468
Union of Soviet Socialist Republics, Australia, Belgium, Brazil,12469
Canada, China, Denmark, Greece, the Netherlands, New Zealand,12470
Norway, Poland, South Africa, or any of the countries that12471
comprised the former Yugoslavia who was a citizen of the United12472
States at the time of such appointment, enrollment, or enlistment,12473
and was captured, separated, and incarcerated by an enemy of this12474
country during World War II.12475

       (B) Any person who has been a prisoner of war may apply to12476
the registrar of motor vehicles for the registration of one12477
passenger car, noncommercial motor vehicle, or other vehicle of a12478
class approved by the registrar the person owns or leases. The12479
application shall be accompanied by written evidence in the form12480
of a record of separation, a letter from one of the armed forces12481
of the United States or other country as provided in division (A)12482
of this section, or other evidence as the registrar may require by12483
rule, that such a person was a prisoner of war and was honorably12484
discharged or is presently residing in this state on active duty12485
with one of the branches of the armed forces of the United States,12486
or was a prisoner of war and was honorably discharged or received12487
an equivalent discharge or release from one of the armed forces of12488
such other country.12489

       Upon receipt of an application for registration of a motor12490
vehicle under this section, and presentation of satisfactory12491
evidence of such prisoner-of-war status, the registrar shall issue12492
to the applicant the appropriate vehicle registration and a set of12493
license plates. In addition to the letters and numbers ordinarily12494
inscribed thereon, the license plates shall be inscribed with the12495
words "FORMER POW." The license plates shall be issued without12496
payment of any registration fee or service fee as required by12497
division (B) of section 4503.04 and sections 4503.10 and 4503.10212498
of the Revised Code, and without payment of any applicable county,12499
township, or municipal motor vehicle tax levied under Chapter12500
4504. of the Revised Code.12501

       (C) The spouse of a deceased former prisoner of war who has12502
not remarried, if the deceased person received or was eligible to12503
receive special license plates issued under division (B) of this12504
section, may apply to the registrar for the registration of the12505
spouse's personal motor vehicle without the payment of any fee or12506
tax as provided by division (B) of this section. The application12507
for registration shall be accompanied by documentary evidence of12508
the deceased person's status as a former prisoner of war and by12509
any other evidence that the registrar requires by rule.12510

       Upon receipt of an application for registration under this12511
division and presentation of satisfactory evidence as required by12512
this division and by the registrar, the registrar shall issue to12513
the spouse the appropriate vehicle registration and a set of12514
license plates as provided in division (B) of this section.12515

       (D) No person who is not a former prisoner of war or spouse12516
of a deceased former prisoner of war who has not remarried shall12517
willfully and falsely represent that the person is such a former12518
prisoner of war or spouse, for the purpose of obtaining license12519
plates under this section.12520

       (E) No person shall own or lease a motor vehicle bearing12521
license plates issued under this section unless the person is12522
eligible to be issued the license plates.12523

       (F)Whoever violates this section is guilty of a misdemeanor12524
of the fourth degree.12525

       Sec. 4503.47. (A) Any person who is a volunteer firefighter12526
may apply to the registrar of motor vehicles for the registration12527
of one passenger car or other vehicle of a class approved by the12528
registrar the person owns or leases. The application shall be12529
accompanied by such written evidence as the registrar may require12530
by rule, that the person is a volunteer firefighter.12531

       Upon receipt of an application for the registration of a12532
passenger car or other vehicle of a class approved by the12533
registrar under this section and presentation of satisfactory12534
evidence of such volunteer firefighter status, the registrar shall12535
issue to the applicant the appropriate vehicle registration and a12536
set of license plates and a validation sticker, or a validation12537
sticker alone when required by section 4503.191 of the Revised12538
Code. In addition to the letters and numbers ordinarily inscribed12539
thereon, the license plates shall be inscribed with the letters12540
"F.D." inside a Maltese cross emblem. The license plates and12541
validation stickers shall be issued upon payment of the regular12542
license fees as prescribed under section 4503.04 of the Revised12543
Code and any local motor vehicle tax levied under Chapter 4504. of12544
the Revised Code, and upon the payment of an additional fee of ten12545
dollars for issuance under this section. The fee shall be for the12546
purpose of compensating the bureau of motor vehicles for12547
additional services required in the issuing of such license12548
plates, and shall be transmitted by the registrar to the treasurer12549
of state for deposit in the state bureau of motor vehicles fund12550
created by section 4501.25 of the Revised Code. No person shall12551
apply for more than one set of volunteer firefighter license12552
plates annually.12553

       The chief of a fire department or the fire chief shall12554
immediately notify the registrar whenever any person under the12555
chief's supervision is no longer a volunteer firefighter.12556

       Whenever a person is no longer eligible to be issued12557
volunteer firefighter license plates, the person shall surrender12558
the volunteer firefighter license plates to the bureau in exchange12559
for plates without the "F.D." emblem. A fee of five dollars shall12560
be charged for the services required in the issuing of replacement12561
plates when an individual is no longer eligible to be issued12562
volunteer firefighter license plates.12563

       Application for volunteer firefighter license plates may be12564
made, and such license plates and replacement plates shall be12565
issued, at any time of year.12566

       No person who is not a volunteer firefighter shall willfully12567
and falsely represent that the person is a volunteer firefighter12568
for the purpose of obtaining volunteer firefighter license plates12569
under this section. No person shall own a vehicle bearing such12570
license plates unless the person is eligible to be issued such12571
license plates.12572

       (B)Whoever violates this section is guilty of a misdemeanor12573
of the fourth degree.12574

       Sec. 4503.471.  (A) Any person who is a member in good12575
standing of the international association of firefighters may12576
apply to the registrar of motor vehicles for the registration of12577
any passenger car, noncommercial vehicle, motor home, or other12578
vehicle of a class approved by the registrar that the person owns12579
or leases and the issuance of international association of12580
firefighters license plates. The application shall be accompanied12581
by the written evidence that the registrar may require by rule12582
showing that the person is a member in good standing of the12583
international association of firefighters. The application for12584
international association of firefighters license plates may be12585
combined with a request for a special reserved license plate under12586
section 4503.40 or 4503.42 of the Revised Code.12587

       Upon receipt of an application for registration of a vehicle12588
under this section and presentation of satisfactory evidence12589
showing that the person is a member in good standing of the12590
international association of firefighters, the registrar shall12591
issue to the applicant the appropriate vehicle registrations, sets12592
of license plates and validation stickers, or validation stickers12593
alone when required by section 4503.191 of the Revised Code.12594

       In addition to the letters and numbers ordinarily inscribed12595
on the license plates, international association of firefighters12596
license plates shall be inscribed with a Maltese cross emblem12597
designed by the international association of firefighters and12598
approved by the registrar. International association of12599
firefighters license plates shall bear county identification12600
stickers that identify the county of registration by name or12601
number.12602

       The license plates and validation stickers shall be issued12603
upon payment of the regular license fee as prescribed under12604
section 4503.04 of the Revised Code, payment of any local motor12605
vehicle tax levied under Chapter 4504. of the Revised Code, and12606
payment of an additional fee of ten dollars for the purpose of12607
compensating the bureau of motor vehicles for additional services12608
required in the issuing of license plates under this section. If12609
the application for international association of firefighters12610
license plates is combined with a request for a special reserved12611
license plate under section 4503.40 or 4503.42 of the Revised12612
Code, the license plate and validation sticker shall be issued12613
upon payment of the fees and taxes contained in this division and12614
the additional fee prescribed under section 4503.40 or 4503.42 of12615
the Revised Code. The registrar shall deposit the additional fee12616
of ten dollars in the state bureau of motor vehicles fund created12617
by section 4501.25 of the Revised Code.12618

       Whenever a person no longer is eligible to be issued12619
international association of firefighters license plates, the12620
person shall surrender the international association of12621
firefighters license plates to the bureau in exchange for license12622
plates without the Maltese cross emblem described in this section.12623
A fee of five dollars shall be charged for the services required12624
in the issuing of replacement plates when a person no longer is12625
eligible to be issued international association of firefighters12626
license plates.12627

       A person may make application for international association12628
of firefighters license plates at any time of year, and the12629
registrar shall issue international association of firefighters12630
license plates and replacement plates at any time of year.12631

       (B) No person who is not a member in good standing of the12632
international association of firefighters shall willfully and12633
falsely represent that the person is a member in good standing of12634
the international association of firefighters for the purpose of12635
obtaining international association of firefighters license plates12636
under this section. No person shall own or lease a vehicle12637
bearing international association of firefighters license plates12638
unless the person is eligible to be issued international12639
association of firefighters license plates.12640

       (C) Whoever violates division (B) of this section is guilty12641
of a misdemeanor of the fourth degree.12642

       Sec. 4505.101. (A) The owner of any repair garage or place12643
of storage in which a motor vehicle with a value of less than two12644
thousand five hundred dollars has been left unclaimed for fifteen12645
days or more following completion of the requested repair or the12646
agreed term of storage may send by certified mail, return receipt12647
requested, to the last known address of the owner a notice to12648
remove the motor vehicle. If the motor vehicle remains unclaimed12649
by the owner for fifteen days after the mailing of the notice, and12650
the person on whose property the vehicle has been abandoned has12651
received the signed receipt from the certified mail or has been12652
notified that the delivery was not possible, the person shall12653
obtain a certificate of title to the motor vehicle in the person's12654
name in the manner provided in this section.12655

       The owner of the repair garage or place of storage that12656
mailed the notice shall execute an affidavit that all of the12657
requirements of this section necessary to authorize the issuance12658
of a certificate of title for the motor vehicle have been met. The12659
affidavit shall set forth the value of the motor vehicle when12660
unclaimed as determined in accordance with standards fixed by the12661
registrar of motor vehicles; the length of time that the motor12662
vehicle has remained unclaimed; the expenses incurred with the12663
motor vehicle; that a notice to remove the vehicle has been mailed12664
to the titled owner, if known, by certified mail, return receipt12665
requested; and that a search of the records of the bureau of motor12666
vehicles has been made for outstanding liens on the motor vehicle.12667

       No affidavit shall be executed or filed under this section12668
until after a search of the records of the bureau of motor12669
vehicles has been made. If the research reveals any outstanding12670
lien on the motor vehicle, the owner of the repair garage or place12671
of storage of the motor vehicle shall notify the mortgagee or12672
lienholder by certified mail, return receipt requested, stating12673
where the motor vehicle is located and the value of the vehicle.12674
Unless the mortgagee or lienholder claims the motor vehicle within12675
fifteen days from the mailing of the notice, the mortgagee's12676
mortgage or the lienholder's lien shall be invalid.12677

       Upon presentation by the owner of the repair garage or place12678
of storage of the affidavit, showing compliance with all12679
requirements of this section to the clerk of courts of the county12680
in which the repair garage or place of storage is located, the12681
clerk of courts shall issue a certificate of title, free and clear12682
of all liens and encumbrances, to the owner of the place of12683
storage.12684

       The value of the motor vehicle, as determined in accordance12685
with standards fixed by the registrar of motor vehicles, less12686
expenses incurred by the owner of such repair garage or place of12687
storage, shall be paid to the clerk of courts for deposit into the12688
county general fund upon receipt of the certificate of title.12689

       (B)Whoever violates this section shall be fined not more12690
than two hundred dollars, imprisoned not more than ninety days, or12691
both.12692

       Sec. 4505.102.  (A) If a pawnbroker licensed under Chapter12693
4727. of the Revised Code makes a loan that is secured by a motor12694
vehicle, watercraft, or outboard motor and has taken possession of12695
the motor vehicle, watercraft, or outboard motor and the12696
certificate title to the motor vehicle, watercraft, or outboard12697
motor, and the owner of the motor vehicle, watercraft, or outboard12698
motor fails to redeem or pay interest on the loan for which the12699
motor vehicle, watercraft, or outboard motor was pledged within12700
two months from the date of the loan or the date on which the last12701
interest payment is due, and the pawnbroker notifies the owner by12702
mail, with proof of mailing, as required by division (A) of12703
section 4727.11 of the Revised Code, of the possible forfeiture of12704
the motor vehicle, watercraft, or outboard motor, and the owner12705
fails to redeem the motor vehicle, watercraft, or outboard motor12706
within the thirty-day period required by that division to be12707
specified in the notice, the pawnbroker shall proceed to obtain a12708
certificate of title to the motor vehicle, watercraft, or outboard12709
motor in the pawnbroker's name in the manner provided in this12710
section.12711

       (B) The pawnbroker shall execute an affidavit stating all of12712
the following:12713

       (1) That the pawnbroker is a pawnbroker licensed under12714
Chapter 4727. of the Revised Code;12715

       (2) That the pawnbroker has made a loan to the owner of a12716
motor vehicle, watercraft, or outboard motor, and the security for12717
the loan is the motor vehicle, watercraft, or outboard motor;12718

       (3) That both the motor vehicle, watercraft, or outboard12719
motor and the certificate of title to the motor vehicle,12720
watercraft, or outboard motor are in the possession of the12721
pawnbroker;12722

       (4) That the owner of the motor vehicle, watercraft, or12723
outboard motor has failed to redeem the pledged motor vehicle,12724
watercraft, or outboard motor or pay interest on the loan for12725
which the motor vehicle, watercraft, or outboard motor was pledged12726
within two months from the date of the loan or the date on which12727
the last interest payment was due;12728

       (5) That the pawnbroker has notified the owner of the motor12729
vehicle, watercraft, or outboard motor by mail, with proof of12730
mailing, as required by division (A) of section 4727.11 of the12731
Revised Code, and the owner has failed to redeem the motor12732
vehicle, watercraft, or outboard motor within the thirty-day12733
period required by that division to be specified in the notice.12734

       Upon presentation by the pawnbroker of a copy of the12735
affidavit, a copy of the pawn form, a copy of the proof of12736
mailing, and the certificate of title to the motor vehicle,12737
watercraft, or outboard motor, the clerk of the court of common12738
pleas of the county in which the last certificate of title to the12739
motor vehicle, watercraft, or outboard motor was issued shall12740
issue, if the record shows no lien or encumbrances exist, a12741
certificate of title, free and clear of all liens and12742
encumbrances, to the pawnbroker.12743

       (C) No person shall execute or present the affidavit12744
required by this section, knowing any entry on the affidavit to be12745
false.12746

       (D)Whoever violates this section shall be fined not more12747
than two hundred dollars, imprisoned not more than ninety days, or12748
both.12749

       Sec. 4505.11.  (A) Each owner of a motor vehicle and each12750
person mentioned as owner in the last certificate of title, when12751
the motor vehicle is dismantled, destroyed, or changed in such12752
manner that it loses its character as a motor vehicle, or changed12753
in such manner that it is not the motor vehicle described in the12754
certificate of title, shall surrender the certificate of title to12755
that motor vehicle to the clerk of the court of common pleas who12756
issued it, and thereupon the clerk, with the consent of any12757
holders of any liens noted thereon, shall enter a cancellation12758
upon the clerk's records and shall notify the registrar of motor12759
vehicles of the cancellation.12760

       Upon the cancellation of a certificate of title in the manner12761
prescribed by this section, the clerk and the registrar of motor12762
vehicles may cancel and destroy all certificates and all12763
memorandum certificates in that chain of title.12764

       (B) Where an Ohio certificate of title or salvage12765
certificate of title to a motor vehicle is assigned to a salvage12766
dealer, the dealer is not required to obtain an Ohio certificate12767
of title or a salvage certificate of title to the motor vehicle in12768
the dealer's own name if the dealer dismantles or destroys the12769
motor vehicle, indicates the number of the dealer's motor vehicle12770
salvage dealer's license thereon, marks "FOR DESTRUCTION" across12771
the face of the certificate of title or salvage certificate of12772
title, and surrenders the certificate of title or salvage12773
certificate of title to the clerk of the court of common pleas as12774
provided in division (A) of this section. If the salvage dealer12775
retains the motor vehicle for resale, the dealer shall make12776
application for a salvage certificate of title to the motor12777
vehicle in the dealer's own name as provided in division (C)(1) of12778
this section.12779

       (C)(1) When an insurance company declares it economically12780
impractical to repair such a motor vehicle and has paid an agreed12781
price for the purchase of the motor vehicle to any insured or12782
claimant owner, the insurance company shall receive the12783
certificate of title and the motor vehicle and proceed as follows.12784
Within thirty days the insurance company shall deliver the12785
certificate of title to the clerk of the court of common pleas and12786
shall make application for a salvage certificate of title. The12787
clerk shall issue the salvage certificate of title on a form,12788
prescribed by the registrar, that shall be easily distinguishable12789
from the original certificate of title and shall bear the same12790
number and information as the original certificate of title.12791
Except as provided in division (C)(2) of this section, the salvage12792
certificate of title shall be assigned by the insurance company to12793
a salvage dealer or any other person for use as evidence of12794
ownership upon the sale or other disposition of the motor vehicle,12795
and the salvage certificate of title shall be transferrable to any12796
other person. The clerk shall charge a fee of four dollars for12797
the cost of processing each salvage certificate of title.12798

       (2) If an insurance company considers a motor vehicle as12799
described in division (C)(1) of this section to be impossible to12800
restore for highway operation, the insurance company may assign12801
the certificate of title to the motor vehicle to a salvage dealer12802
or scrap metal processing facility and send the assigned12803
certificate of title to the clerk of the court of common pleas of12804
the county in which the salvage dealer or scrap metal processing12805
facility is located. The insurance company shall mark the face of12806
the certificate of title "FOR DESTRUCTION" and shall deliver a12807
photocopy of the certificate of title to the salvage dealer or12808
scrap metal processing facility for its records.12809

       (3) If an insurance company declares it economically12810
impractical to repair a motor vehicle, agrees to pay to the12811
insured or claimant owner an amount in settlement of a claim12812
against a policy of motor vehicle insurance covering the motor12813
vehicle, and agrees to permit the insured or claimant owner to12814
retain possession of the motor vehicle, the insurance company12815
shall not pay the insured or claimant owner any amount in12816
settlement of the insurance claim until the owner obtains a12817
salvage certificate of title to the vehicle and furnishes a copy12818
of the salvage certificate of title to the insurance company.12819

       (D) When a self-insured organization, rental or leasing12820
company, or secured creditor becomes the owner of a motor vehicle12821
that is burned, damaged, or dismantled and is determined to be12822
economically impractical to repair, the self-insured organization,12823
rental or leasing company, or secured creditor shall do one of the12824
following:12825

       (1) Mark the face of the certificate of title to the motor12826
vehicle "FOR DESTRUCTION" and surrender the certificate of title12827
to the clerk of the court of common pleas for cancellation as12828
described in division (A) of this section. The self-insured12829
organization, rental or leasing company, or secured creditor12830
thereupon shall deliver the motor vehicle, together with a12831
photocopy of the certificate of title, to a salvage dealer or12832
scrap metal processing facility and shall cause the motor vehicle12833
to be dismantled, flattened, crushed, or destroyed.12834

       (2) Obtain a salvage certificate of title to the motor12835
vehicle in the name of the self-insured organization, rental or12836
leasing company, or secured creditor, as provided in division12837
(C)(1) of this section, and then sell or otherwise dispose of the12838
motor vehicle. If the motor vehicle is sold, the self-insured12839
organization, rental or leasing company, or secured creditor shall12840
obtain a salvage certificate of title to the motor vehicle in the12841
name of the purchaser from the clerk of the court of common pleas12842
of the county in which the purchaser resides.12843

       (E) If a motor vehicle titled with a salvage certificate of12844
title is restored for operation upon the highways, application12845
shall be made to the clerk of the court of common pleas for a12846
certificate of title. Upon inspection by the state highway12847
patrol, which shall include establishing proof of ownership and an12848
inspection of the motor number and vehicle identification number12849
of the motor vehicle and of documentation or receipts for the12850
materials used in restoration by the owner of the motor vehicle12851
being inspected, which documentation or receipts shall be12852
presented at the time of inspection, the clerk, upon surrender of12853
the salvage certificate of title, shall issue a certificate of12854
title for a fee prescribed by the registrar. The certificate of12855
title shall be in the same form as the original certificate of12856
title, shall bear the same number as the salvage certificate of12857
title and the original certificate of title, and shall bear the12858
words "REBUILT SALVAGE" in black boldface letters on its face. 12859
Every subsequent certificate of title, memorandum certificate of12860
title, or duplicate certificate of title issued for the motor12861
vehicle also shall bear the words "REBUILT SALVAGE" in black12862
boldface letters on its face. The exact location on the face of12863
the certificate of title of the words "REBUILT SALVAGE" shall be12864
determined by the registrar, who shall develop an automated12865
procedure within the automated title processing system to comply12866
with this division. The clerk shall use reasonable care in12867
performing the duties imposed on the clerk by this division in12868
issuing a certificate of title pursuant to this division, but the12869
clerk is not liable for any of the clerk's errors or omissions or12870
those of the clerk's deputies, or the automated title processing12871
system in the performance of those duties. A fee of forty dollars12872
in fiscal year 1998 and fifty dollars in fiscal year 1999 and12873
thereafter shall be assessed by the state highway patrol for each12874
inspection made pursuant to this division and shall be deposited12875
into the state highway safety fund established by section 4501.0612876
of the Revised Code.12877

       (F) No person shall operate upon the highways in this state12878
a motor vehicle, title to which is evidenced by a salvage12879
certificate of title, except to deliver the motor vehicle pursuant12880
to an appointment for an inspection under this section.12881

       (G) No motor vehicle the certificate of title to which has12882
been marked "FOR DESTRUCTION" and surrendered to the clerk of the12883
court of common pleas shall be used for anything except parts and12884
scrap metal.12885

       (H)(1) Except as otherwise provided in this division, an12886
owner of a manufactured or mobile home that will be taxed as real12887
property pursuant to division (B) of section 4503.06 of the12888
Revised Code shall surrender the certificate of title to the12889
auditor of the county containing the taxing district in which the12890
home is located. An owner whose home qualifies for real property12891
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of12892
the Revised Code shall surrender the certificate within fifteen12893
days after the home meets the conditions specified in those12894
divisions. The auditor shall deliver the certificate of title to12895
the clerk of the court of common pleas who issued it.12896

       (2) If the certificate of title for a manufactured or mobile12897
home that is to be taxed as real property is held by a lienholder,12898
the lienholder shall surrender the certificate of title to the12899
auditor of the county containing the taxing district in which the12900
home is located, and the auditor shall deliver the certificate of12901
title to the clerk of the court of common pleas who issued it.12902
The lienholder shall surrender the certificate within thirty days12903
after both of the following have occurred:12904

       (a) The homeowner has provided written notice to the12905
lienholder requesting that the certificate of title be surrendered12906
to the auditor of the county containing the taxing district in12907
which the home is located;12908

       (b) The homeowner has either paid the lienholder the12909
remaining balance owed to the lienholder, or, with the12910
lienholder's consent, executed and delivered to the lienholder a12911
mortgage on the home and land on which the home is sited in the12912
amount of the remaining balance owed to the lienholder.12913

       (3) Upon the delivery of a certificate of title by the12914
county auditor to the clerk of the court, the clerk of the court12915
shall inactivate it and retain it for a period of thirty years.12916

       (4) Upon application by the owner of a manufactured or12917
mobile home that is taxed as real property pursuant to division12918
(B) of section 4503.06 of the Revised Code and that no longer12919
satisfies divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and12920
(b) of that section, the clerk of court shall reactivate the12921
record of the certificate of title that was inactivated under12922
division (H)(3) of this section and shall issue a new certificate12923
of title, but only if the application contains or has attached to12924
it all of the following:12925

       (a) An endorsement of the county treasurer that all real12926
property taxes charged against the home under Title LVII of the12927
Revised Code and division (B) of section 4503.06 of the Revised12928
Code for all preceding tax years have been paid;12929

       (b) An endorsement of the county auditor that the home will12930
be removed from the real property tax list;12931

       (c) Proof that there are no outstanding mortgages or other12932
liens on the home or, if there are such mortgages or other liens,12933
that the mortgagee or lienholder has consented to the reactivation12934
of the certificate of title.12935

       (I)(1) Whoever violates division (F) of this section shall12936
be fined not more than two thousand dollars, imprisoned not more12937
than one year, or both.12938

       (2) Whoever violates division (G) of this section shall be12939
fined not more than one thousand dollars, imprisoned not more than12940
six months, or both.12941

       Sec. 4505.111. (A) Every motor vehicle, other than a motor12942
vehicle as provided in divisions (C), (D), and (E) of section12943
4505.11 of the Revised Code, that is assembled from component12944
parts by a person other than the manufacturer, shall be inspected12945
by the state highway patrol prior to issuance of title to the12946
motor vehicle. The inspection shall include establishing proof of12947
ownership and an inspection of the motor number and vehicle12948
identification number of the motor vehicle, and any items of12949
equipment the director of public safety considers advisable and12950
requires to be inspected by rule. A fee of forty dollars in12951
fiscal year 1998 and fifty dollars in fiscal year 1999 and12952
thereafter shall be assessed by the state highway patrol for each12953
inspection made pursuant to this section, and shall be deposited12954
in the state highway safety fund established by section 4501.06 of12955
the Revised Code.12956

       (B)Whoever violates this section shall be fined not more12957
than two thousand dollars, imprisoned not more than one year, or12958
both.12959

       Sec. 4505.15. (A) Manufacturers and importers shall appoint12960
and authorize agents who shall sign manufacturer's or importer's12961
certificates. The registrar of motor vehicles may require that a12962
certified copy of a list containing the names and the facsimile12963
signatures of the authorized agents be furnished himthe registrar12964
and be forwarded to each clerk of the court of common pleas in the12965
respective counties within the state, and the registrar may12966
prescribe the form of authorization to be used by manufacturers or12967
importers and the method of certification of the names of said12968
agents.12969

       (B)Whoever violates this section shall be fined not more12970
than two hundred dollars, imprisoned not more than ninety days, or12971
both.12972

       Sec. 4505.17. (A) Every sheriff, chief of police,12973
constable, state highway patrol trooper, employee of the state12974
highway patrol, and designated officer of the department of public12975
safety, having knowledge of a stolen motor vehicle, immediately12976
shall furnish the registrar of motor vehicles with full12977
information concerning such theft.12978

       Whenever the registrar receives a report of the theft or12979
conversion of a motor vehicle, whether the same has been12980
registered or not and whether owned in this or any other state,12981
the registrar shall make a distinctive record thereof, including12982
the make of the stolen vehicle and its manufacturer's vehicle12983
identification number. The registrar shall prepare a report12984
listing motor vehicles stolen and recovered as disclosed by the12985
reports submitted to the registrar, to be distributed as the12986
registrar determines advisable.12987

       In the event of the receipt from any clerk of the court of12988
common pleas of a copy of a certificate of title to such a motor12989
vehicle, the registrar immediately shall notify the rightful owner12990
thereof and the clerk who issued such certificate of title, and12991
if, upon investigation, it appears that such certificate of title12992
was improperly issued, the registrar immediately shall cancel the12993
certificate.12994

       In the event of the recovery of a stolen or converted motor12995
vehicle, the owner immediately shall notify the registrar, who12996
shall remove the record of the theft or conversion from the12997
registrar's file.12998

       (B)Whoever violates this section shall be fined not more12999
than two hundred dollars, imprisoned not more than ninety days, or13000
both.13001

       Sec. 4505.18. (A) No person shall:13002

       (A)(1) Operate in this state a motor vehicle for which a13003
certificate of title is required without having such certificate13004
in accordance with sections 4505.01 to 4505.21 of the Revised13005
Code, or upon which the certificate of title has been canceled;13006

       (B)(2) Display or display for sale or sell as a dealer or13007
acting on behalf of a dealer, a motor vehicle without having13008
obtained a manufacturer's or importer's certificate or a13009
certificate of title therefor as provided in sections 4505.01 to13010
4505.21 of the Revised Code;13011

       (C)(3) Fail to surrender any certificate of title or any13012
certificate of registration or license plates upon cancellation of13013
the same by the registrar of motor vehicles and notice thereof as13014
prescribed in sections 4505.01 to 4505.21 of the Revised Code;13015

       (D)(4) Fail to surrender the certificate of title to the13016
clerk of the court of common pleas as provided in sections 4505.0113017
to 4505.21 of the Revised Code, in case of the destruction or13018
dismantling or change of a motor vehicle in such respect that it13019
is not the motor vehicle described in the certificate of title;13020

       (E)(5) Violate any rules promulgated pursuant to sections13021
4505.01 to 4505.21 of the Revised Code.;13022

       (F)(6) Except as otherwise provided in Chapter 4517. of the13023
Revised Code, sell at wholesale a motor vehicle the ownership of13024
which is not evidenced by an Ohio certificate of title, or the13025
current certificate of title issued for the motor vehicle, or the13026
manufacturer's certificate of origin, and all title assignments13027
that evidence the seller's ownership of the motor vehicle, and an13028
odometer disclosure statement that complies with section 4505.0613029
of the Revised Code and subchapter IV of the "Motor Vehicle13030
Information and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C.13031
1981.13032

       (B) This section does not apply to persons engaged in the13033
business of warehousing or transporting motor vehicles for the13034
purpose of salvage disposition.13035

       (C)Whoever violates this section shall be fined not more13036
than two hundred dollars, imprisoned not more than ninety days, or13037
both.13038

       Sec. 4505.181.  (A) Notwithstanding divisions (B),13039
(E)(A)(2), (5), and (F)(6) of section 4505.18 of the Revised Code,13040
a motor vehicle dealer or person acting on behalf of a motor13041
vehicle dealer may display, offer for sale, or sell a used motor13042
vehicle without having first obtained a certificate of title for13043
the vehicle in the name of the dealer as required by this chapter13044
if the dealer or person acting on behalf of the dealer complies13045
with divisions (A)(1)(a) and (A)(2) of this section, or divisions13046
(A)(1)(b) and (A)(2) of this section, as follows:13047

       (1)(a) If the dealer has been licensed as a motor vehicle13048
dealer for less than the three-year period prior to the date on13049
which the dealer or person acting on behalf of the dealer13050
displays, offers for sale, or sells the used motor vehicle for13051
which the dealer has not obtained a certificate of title in the13052
name of the dealer, or if the attorney general has paid a retail13053
purchaser of the dealer under division (C) of this section within13054
three years prior to such date, the dealer posts with the attorney13055
general's office in favor of this state a bond of a surety company13056
authorized to do business in this state, in an amount of not less13057
than twenty-five thousand dollars, to be used solely for the13058
purpose of compensating retail purchasers of motor vehicles who13059
suffer damages due to failure of the dealer or person acting on13060
behalf of the dealer to comply with this section. The dealer's13061
surety shall notify the registrar and attorney general when a bond13062
is canceled. Such notification of cancellation shall include the13063
effective date of and reason for cancellation.13064

       (b) If the dealer has been licensed as a motor vehicle13065
dealer for longer than the three-year period prior to the date on13066
which the dealer or person acting on behalf of the dealer13067
displays, offers for sale, or sells the used motor vehicle for13068
which the dealer has not obtained a certificate of title in the13069
name of the dealer and the attorney general has not paid a retail13070
purchaser of the dealer under division (C) of this section within13071
three years prior to such date, the dealer pays one hundred fifty13072
dollars to the attorney general for deposit into the title defect13073
recision fund created by section 1345.52 of the Revised Code.13074

       (2) Possesses a bill of sale for each motor vehicle proposed13075
to be displayed, offered for sale, or sold under this section and13076
a properly executed power of attorney or other related documents13077
from the prior owner of the motor vehicle giving the dealer or13078
person acting on behalf of the dealer authority to have a13079
certificate of title to the motor vehicle issued in the name of13080
the dealer, and retains copies of all such documents in the13081
dealer's or person's files until such time as certificate of title13082
in the dealer's name is issued for each such motor vehicle by the13083
clerk of the court of common pleas. Such documents shall be13084
available for inspection by the bureau of motor vehicles during13085
normal business hours.13086

       (B) If a retail purchaser purchases a motor vehicle for13087
which the dealer, pursuant to and in accordance with division (A)13088
of this section, does not have a certificate of title issued in13089
the name of the dealer at the time of the sale, the retail13090
purchaser has an unconditional right to rescind the transaction13091
and the dealer has an obligation to refund to the retail purchaser13092
the full purchase price of the vehicle, if one of the following13093
applies:13094

       (1) The dealer fails, on or before the fortieth day13095
following the date of the sale, to obtain a title in the name of13096
the retail purchaser;13097

       (2) The title for the vehicle indicates that it is a rebuilt13098
salvage vehicle, and the fact that it is a rebuilt salvage vehicle13099
was not disclosed to the retail purchaser in writing prior to the13100
execution of the purchase agreement;13101

       (3) The title for the vehicle indicates that the dealer has13102
made an inaccurate odometer disclosure to the retail purchaser.13103

       If any of the circumstances described in divisions (B)(1) to13104
(3) of this section applies, a retail purchaser or the retail13105
purchaser's representative shall notify the dealer and afford the13106
dealer the opportunity to comply with the dealer's obligation to13107
refund the full purchase price of the motor vehicle. Nothing in13108
this division shall be construed as prohibiting the dealer and the13109
retail purchaser or their representatives from negotiating a13110
compromise resolution that is satisfactory to both parties.13111

       (C) If a retail purchaser notifies a dealer of one or more13112
of the circumstances listed in division (B) of this section and13113
the dealer fails to refund to the retail purchaser the full13114
purchase price of the vehicle or reach a satisfactory compromise13115
with the retail purchaser within three business days of13116
presentation of the retail purchaser's recision claim, the retail13117
purchaser may apply to the attorney general for payment from the13118
fund of the full purchase price to the retail purchaser.13119

       (D) Upon application by a retail purchaser for payment from13120
the fund, if the attorney general is satisfied that one or more of13121
the circumstances contained in divisions (B)(1) to (3) of this13122
section exist, the attorney general shall cause the full purchase13123
price of the vehicle to be paid to the retail purchaser from the13124
fund after delivery of the vehicle to the attorney general. The13125
attorney general may sell or otherwise dispose of any vehicle that13126
is delivered to the attorney general under this section, and may13127
collect the proceeds of any bond posted under division (A) of this13128
section by a dealer who has failed to comply with division (C) of13129
this section. The proceeds from all such sales and collections13130
shall be deposited into the title defect recision fund for use as13131
specified in section 1345.52 of the Revised Code.13132

       (E) Failure by a dealer to comply with division (A) or (B)13133
of this section constitutes a deceptive act or practice in13134
connection with a consumer transaction, and is a violation of13135
section 1345.02 of the Revised Code.13136

       (F) The remedy provided in this section to retail purchasers13137
is in addition to any remedies otherwise available to the retail13138
purchaser for the same conduct of the dealer or person acting on13139
behalf of the dealer under federal law or the laws of this state13140
or a political subdivision of this state.13141

       (G) All motor vehicle dealers licensed under Chapter 4517.13142
of the Revised Code shall pay to the attorney general for deposit13143
into the title defect recision fund the amount described in13144
division (A)(1)(b) of this section beginning with the calendar13145
year during which this section becomes effective and each year13146
subsequent to that year until the balance in the fund is not less13147
than three hundred thousand dollars. All such dealers also shall13148
pay to the attorney general for deposit into the fund that amount13149
during any year and subsequent years during which the balance in13150
the fund is less than three hundred thousand dollars until the13151
balance in the fund reaches three hundred thousand dollars.13152

       If a motor vehicle dealer fails to comply with this division,13153
the attorney general may bring a civil action in a court of13154
competent jurisdiction to collect the amount the dealer failed to13155
pay to the attorney general for deposit into the fund.13156

       Sec. 4505.19. (A) No person shall do any of the following:13157

       (A)(1) Procure or attempt to procure a certificate of title13158
or a salvage certificate of title to a motor vehicle, or pass or13159
attempt to pass a certificate of title, a salvage certificate of13160
title, or any assignment thereof to a motor vehicle, knowing or13161
having reason to believe that such motor vehicle or any part of13162
the motor vehicle has been acquired through commission of a theft13163
offense as defined in section 2913.01 of the Revised Code;13164

       (B)(2) Purport to sell or transfer a motor vehicle without13165
delivering to the purchaser or transferee thereof a certificate of13166
title, a salvage certificate of title, or a manufacturer's or13167
importer's certificate thereto, assigned to such purchaser as13168
provided for in this chapter;13169

       (C)(3) With intent to defraud, possess, sell, offer to sell,13170
counterfeit, or supply a blank, forged, fictitious, counterfeit,13171
stolen, or fraudulently or unlawfully obtained certificate of13172
title, registration, bill of sale, or other instruments of13173
ownership of a motor vehicle, or conspire to do any of the13174
foregoing;13175

       (D)(4) Knowingly obtain goods, services, credit, or money by13176
means of an invalid, fictitious, forged, counterfeit, stolen, or13177
unlawfully obtained original or duplicate certificate of title,13178
registration, bill of sale, or other instrument of ownership of a13179
motor vehicle;13180

       (E)(5) Knowingly obtain goods, services, credit, or money by13181
means of a certificate of title to a motor vehicle, which is13182
required to be surrendered to the registrar of motor vehicles or13183
the clerk of the court of common pleas as provided in this13184
chapter.13185

       (B)Whoever violates this section shall be fined not more13186
than five thousand dollars or imprisoned in the county jail or13187
workhouse not less than six months nor more than one year, or13188
both, or in a state correctional institution not less than one13189
year nor more than five years.13190

       Sec. 4505.20.  (A) Notwithstanding division (B)(A)(2) of13191
section 4505.18 or any other provision of Chapter 4505. or 4517.13192
of the Revised Code, a secured party may designate any dealer to13193
display, display for sale, or sell a manufactured or mobile home13194
if the home has come into the possession of that secured party by13195
a default in the terms of a security instrument and the13196
certificate of title remains in the name and possession of the13197
secured party.13198

       (B) Notwithstanding division (B)(A)(2) of section 4505.18 or13199
any other provision of Chapter 4505. or 4517. of the Revised Code,13200
the owner of a recreational vehicle or a secured party of a13201
recreational vehicle who has come into possession of the vehicle13202
by a default in the terms of a security instrument, may designate13203
any dealer to display, display for sale, or sell the vehicle while13204
the certificate of title remains in the possession of the owner or13205
secured party. No dealer may display or offer for sale more than13206
five recreational vehicles at any time under this division. No13207
dealer may display or offer for sale a recreational vehicle under13208
this division unless the dealer maintains insurance or the bond of13209
a surety company authorized to transact business within this state13210
in an amount sufficient to satisfy the fair market value of the13211
vehicle.13212

       (C) The registrar of motor vehicles may adopt rules in13213
accordance with Chapter 119. of the Revised Code prescribing the13214
maximum number of manufactured or mobile homes that have come into13215
the possession of a secured party by a default in the terms of a13216
security instrument that any dealer may display or offer for sale13217
at any time. The registrar may adopt other reasonable rules13218
regarding the resale of such manufactured homes, mobile homes, and13219
recreational vehicles that the registrar considers necessary.13220

       (D) The secured party or owner shall provide the dealer with13221
written authorization to display, display for sale, or sell the13222
manufactured home, mobile home, or recreational vehicle. The13223
dealer shall show and explain the written authorization to any13224
prospective purchaser. The written authorization shall contain13225
the vehicle identification number, make, model, year of13226
manufacture, and physical description of the manufactured home,13227
mobile home, or recreational vehicle that is provided to the13228
dealer.13229

       (E) Whoever violates this section shall be fined not more13230
than two hundred dollars, imprisoned not more than ninety days, or13231
both.13232

       (F) As used in this section, "dealer" means a new motor13233
vehicle dealer that is licensed under Chapter 4517. of the Revised13234
Code.13235

       Sec. 4505.21.  (A) As used in this section:13236

       (1) "Certified receipt of title cancellation" means a form13237
prescribed by the registrar of motor vehicles for use under this13238
section that shall include all of the following:13239

       (a) The name of the owner who surrenders a certificate of13240
title to a vehicle intended to be exported;13241

       (b) A description of the motor vehicle that shall include13242
the year, make, model, style, vehicle identification number,13243
color, license registration number, and the state of registration;13244

       (c) The destination of the motor vehicle;13245

       (d) Whether the purpose of the export is for sale, lease,13246
personal use, or other specified use;13247

       (e) Such other information as the registrar determines to be13248
appropriate.13249

       (2) A "declaration of temporary export" means a form13250
prescribed by the registrar that includes all of the following:13251

       (a) The items specified in divisions (A)(1)(a) to (e) of13252
this section;13253

       (b) A statement that the vehicle will not be permanently13254
located outside of the United States and that the owner intends to13255
return the vehicle to the United States;13256

       (c) The period of time for which it is anticipated that the13257
motor vehicle will be located outside of the United States.13258

       (3) "Export" means the shipping or transportation of a motor13259
vehicle from any point inside the United States to a point outside13260
of the United States. "Export" does not include operating the13261
motor vehicle by means of its own power or that of a motor vehicle13262
drawing or towing it unless the purpose of the owner is to avoid13263
compliance with division (B) or (C) of this section.13264

       (4) "Owner" means the person named on a certificate of title13265
issued by this state as the owner or assignee of the owner of the13266
motor vehicle for which the certificate of title has been issued13267
and includes any person who is lawfully entitled to the issuance13268
of a new certificate of title to the motor vehicle naming the13269
person as owner of the vehicle or who is lawfully entitled to13270
surrender the certificate of title under this section. "Owner"13271
includes a secured party who exports or permits the export of a13272
motor vehicle in the exercise of the secured party's rights and13273
powers under the security agreement.13274

       (B) No owner of a motor vehicle who exports or permits the13275
export of the motor vehicle for permanent location outside of the13276
United States shall do any of the following:13277

       (1) Fail to surrender the certificate of title to the motor13278
vehicle to the registrar prior to the date that the motor vehicle13279
is delivered to any person for export;13280

       (2) Knowingly fail to surrender the certificate of title to13281
the motor vehicle to the registrar prior to the date that the13282
motor vehicle is delivered to any person for export.13283

       (C) No owner of a motor vehicle who exports or permits the13284
export of the motor vehicle for temporary location outside of the13285
United States shall do any of the following:13286

       (1) Fail to file a declaration of temporary export with the13287
registrar prior to the date that the motor vehicle is delivered to13288
any person for export;13289

       (2) Purposely fail to file a declaration of temporary export13290
with the registrar prior to the date that the motor vehicle is13291
delivered to any person for export in order to facilitate the13292
commission of a conspiracy, attempt, complicity, or theft offense13293
related to the title of a motor vehicle or the proceeds of a motor13294
vehicle insurance policy.13295

       (D)(1) Proof that the defendant acted in good faith and13296
surrendered the certificate of title to the registrar within a13297
reasonable time after delivery of the motor vehicle for export is13298
an affirmative defense to a prosecution under division (B)(1) of13299
this section.13300

       (2) Proof that the defendant acted in good faith and filed a13301
declaration of temporary export with the registrar within a13302
reasonable time after delivery of the motor vehicle for export is13303
an affirmative defense to a prosecution under division (C)(1) of13304
this section.13305

       (E) The registrar shall prescribe forms to be signed by the13306
owner who surrenders a certificate of title for cancellation under13307
this section and by all secured parties whose uncanceled security13308
interests are noted on the certificate. The form shall indicate13309
the person to whom a certified receipt of title cancellation is to13310
be delivered and any security interests that are to be noted on13311
the certified receipt of title cancellation. The registrar shall13312
inspect the title surrender form and the certificate of title to13313
determine whether any uncanceled security interests have been13314
noted on the title under section 4505.13 of the Revised Code and13315
whether the person exporting the vehicle is the lawful owner. If13316
the registrar determines that the certificate is in proper order13317
and that all secured parties having uncanceled security interests13318
noted on the certificate have consented to the surrender of the13319
certificate, the registrar shall issue a certified receipt of13320
title to the owner with such notation of security interests as13321
shall be requested upon the title surrender form.13322

       (F) The registrar shall record a declaration of temporary13323
export filed under division (B)(2) of this section and retain it13324
with the records of the certificate of title until the owner13325
notifies the registrar, on a form prescribed by the registrar,13326
that the motor vehicle has been returned to the United States.13327

       (G)(1) Whoever violates division (B)(1) or (C)(1) of this13328
section is guilty of a misdemeanor of the first degree.13329

       (2) Whoever violates division (B)(2) or (C)(2) of this13330
section is guilty of a felony of the fifth degree.13331

       Sec. 4505.99. (A) Whoever violates division (G) of section13332
4505.11 of the Revised Code shall be fined not more than one13333
thousand dollars, imprisoned not more than six months, or both.13334

       (B) Whoever violates division (F) of section 4505.11 or13335
section 4505.111 of the Revised Code shall be fined not more than13336
two thousand dollars or imprisoned not more than one year, or13337
both.13338

       (C) Whoever violates any provision of sections 4505.01 to13339
4505.21 of the Revised Code for which no penalty is otherwise is13340
provided in thisthe section that contains the provision violated13341
shall be fined not more than two hundred dollars, imprisoned not13342
more than ninety days, or both.13343

       (D) Whoever violates section 4505.19 of the Revised Code13344
shall be fined not more than five thousand dollars or imprisoned13345
in the county jail or workhouse not less than six months nor more13346
than one year, or both, or in a state correctional institution not13347
less than one nor more than five years.13348

       (E) Whoever violates division (B)(1) or (C)(1) of section13349
4505.21 of the Revised Code is guilty of a misdemeanor of the13350
first degree.13351

       (F) Whoever violates division (B)(2) or (C)(2) of section13352
4505.21 of the Revised Code is guilty of a felony of the fifth13353
degree.13354

       Sec. 4506.01.  As used in this chapter:13355

       (A) "Alcohol concentration" means the concentration of13356
alcohol in a person's blood, breath, or urine. When expressed as13357
a percentage, it means grams of alcohol per the following:13358

       (1) One hundred milliliters of whole blood, blood serum, or13359
blood plasma;13360

       (2) Two hundred ten liters of breath;13361

       (3) One hundred milliliters of urine.13362

       (B) "School bus" has the same meaning as in section 4511.0113363
of the Revised Code.13364

       (C) "Commercial driver's license" means a license issued in13365
accordance with this chapter that authorizes an individual to13366
drive a commercial motor vehicle.13367

       (D) "Commercial driver license information system" means the13368
information system established pursuant to the requirements of the13369
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13370
49 U.S.C.A. App. 2701.13371

       (E) Except when used in section 4506.25 of the Revised Code,13372
"commercial motor vehicle" means any motor vehicle designed or13373
used to transport persons or property that meets any of the13374
following qualifications:13375

       (1) Any combination of vehicles with a combined gross13376
vehicle weight rating of twenty-six thousand one pounds or more,13377
provided the gross vehicle weight rating of the vehicle or13378
vehicles being towed is in excess of ten thousand pounds;13379

       (2) Any single vehicle with a gross vehicle weight rating of13380
twenty-six thousand one pounds or more, or any such vehicle towing13381
a vehicle having a gross vehicle weight rating that is not in13382
excess of ten thousand pounds;13383

       (3) Any single vehicle or combination of vehicles that is13384
not a class A or class B vehicle, but that either is designed to13385
transport sixteen or more passengers including the driver, or is13386
placarded for hazardous materials;13387

       (4) Any school bus with a gross vehicle weight rating of13388
less than twenty-six thousand one pounds that is designed to13389
transport fewer than sixteen passengers including the driver;13390

       (5) Is transporting hazardous materials for which placarding13391
is required by regulations adopted under the "Hazardous Materials13392
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13393
amended;13394

       (6) Any single vehicle or combination of vehicles that is13395
designed to be operated and to travel on a public street or13396
highway and is considered by the federal highway administration to13397
be a commercial motor vehicle, including, but not limited to, a13398
motorized crane, a vehicle whose function is to pump cement, a rig13399
for drilling wells, and a portable crane.13400

       (F) "Controlled substance" means all of the following:13401

       (1) Any substance classified as a controlled substance under13402
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.13403
802(6), as amended;13404

       (2) Any substance included in schedules I through V of 2113405
C.F.R. part 1308, as amended;13406

       (3) Any drug of abuse.13407

       (G) "Conviction" means an unvacated adjudication of guilt or13408
a determination that a person has violated or failed to comply13409
with the law in a court of original jurisdiction or an authorized13410
administrative tribunal, an unvacated forfeiture of bail or13411
collateral deposited to secure the person's appearance in court,13412
the payment of a fine or court cost, or violation of a condition13413
of release without bail, regardless of whether or not the penalty13414
is rebated, suspended, or probated.13415

       (H) "Disqualification" means withdrawal of the privilege to13416
drive a commercial motor vehicle.13417

       (I) "Drive" means to drive, operate, or be in physical13418
control of a motor vehicle.13419

       (J) "Driver" means any person who drives, operates, or is in13420
physical control of a commercial motor vehicle or is required to13421
have a commercial driver's license.13422

       (K) "Driver's license" means a license issued by the bureau13423
of motor vehicles that authorizes an individual to drive.13424

       (L) "Drug of abuse" means any controlled substance,13425
dangerous drug as defined in section 4729.01 of the Revised Code,13426
or over-the-counter medication that, when taken in quantities13427
exceeding the recommended dosage, can result in impairment of13428
judgment or reflexes.13429

       (M) "Employer" means any person, including the federal13430
government, any state, and a political subdivision of any state,13431
that owns or leases a commercial motor vehicle or assigns a person13432
to drive such a motor vehicle.13433

       (N) "Endorsement" means an authorization on a person's13434
commercial driver's license that is required to permit the person13435
to operate a specified type of commercial motor vehicle.13436

       (O) "Felony" means any offense under federal or state law13437
that is punishable by death or specifically classified as a felony13438
under the law of this state, regardless of the penalty that may be13439
imposed.13440

       (P) "Foreign jurisdiction" means any jurisdiction other than13441
a state.13442

       (Q) "Gross vehicle weight rating" means the value specified13443
by the manufacturer as the maximum loaded weight of a single or a13444
combination vehicle. The gross vehicle weight rating of a13445
combination vehicle is the gross vehicle weight rating of the13446
power unit plus the gross vehicle weight rating of each towed13447
unit.13448

       (R) "Hazardous materials" means materials identified as such13449
under regulations adopted under the "Hazardous Materials13450
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13451
amended.13452

       (S) "Motor vehicle" has the same meaning as in section13453
4511.01 of the Revised Code.13454

       (T) Except when used in sections 4506.25 and 4506.26 of the13455
Revised Code, "out-of-service order" means a temporary prohibition13456
against driving a commercial motor vehicle issued under this13457
chapter or a similar law of another state or of a foreign13458
jurisdiction.13459

       (U) "Residence" means any person's residence determined in13460
accordance with standards prescribed in rules adopted by the13461
registrar.13462

       (V) "Temporary residence" means residence on a temporary13463
basis as determined by the registrar in accordance with standards13464
prescribed in rules adopted by the registrar.13465

       (W) "Serious traffic violation" means a conviction arising13466
from the operation of a commercial motor vehicle that involves any13467
of the following:13468

       (1) A single charge of any speed that is in excess of the13469
posted speed limit by an amount specified by the United States13470
secretary of transportation and that the director of public safety13471
designates as such by rule;13472

       (2) Violation of section 4511.20, 4511.201, or 4511.202 of13473
the Revised Code or any similar ordinance or resolution, or of any13474
similar law of another state or political subdivision of another13475
state;13476

       (3) Violation of a law of this state or an ordinance or13477
resolution relating to traffic control, other than a parking13478
violation, or of any similar law of another state or political13479
subdivision of another state, that results in a fatal accident;13480

       (4) Violation of any other law of this state or an ordinance13481
or resolution relating to traffic control, other than a parking13482
violation, that is determined to be a serious traffic violation by13483
the United States secretary of transportation and the director13484
designates as such by rule.13485

       (X) "State" means a state of the United States and includes13486
the District of Columbia.13487

       (Y) "Tank vehicle" means any commercial motor vehicle that13488
is designed to transport any liquid and has a maximum capacity13489
greater than one hundred nineteen gallons or is designed to13490
transport gaseous materials and has a water capacity greater than13491
one thousand pounds within a tank that is either permanently or13492
temporarily attached to the vehicle or its chassis. "Tank13493
vehicle" does not include either of the following:13494

       (1) Any portable tank having a rated capacity of less than13495
one thousand gallons;13496

       (2) Tanks used exclusively as a fuel tank for the motor13497
vehicle to which it is attached.13498

       (Z) "United States" means the fifty states and the District13499
of Columbia.13500

       (AA) "Vehicle" has the same meaning as in section 4511.01 of13501
the Revised Code.13502

       (BB) "Peace officer" has the same meaning as in section13503
2935.01 of the Revised Code.13504

       (CC) "Portable tank" means a liquid or gaseous packaging13505
designed primarily to be loaded on or temporarily attached to a13506
vehicle and equipped with skids, mountings, or accessories to13507
facilitate handling of the tank by mechanical means.13508

       Sec. 4506.02.  (A) Nothing in this chapter applies to any13509
person when engaged in the operation of any of the following:13510

       (1) A farm truck;13511

       (2) Fire equipment for a fire department, volunteer or13512
nonvolunteer fire company, fire district, or joint fire district;13513

       (3) A public safety vehicle used to provide transportation13514
or emergency medical service for ill or injured persons;13515

       (4) A recreational vehicle;13516

       (5) A commercial motor vehicle within the boundaries of an13517
eligible unit of local government, if the person is employed by13518
the eligible unit of local government and is operating the13519
commercial motor vehicle for the purpose of removing snow or ice13520
from a roadway by plowing, sanding, or salting, but only if either13521
the employee who holds a commercial driver's license issued under13522
this chapter and ordinarily operates a commercial motor vehicle13523
for these purposes is unable to operate the vehicle, or the13524
employing eligible unit of local government determines that a snow13525
or ice emergency exists that requires additional assistance;13526

       (6) A vehicle owned by the department of defense and13527
operated by any member or uniformed employee of the armed forces13528
of the United States or their reserve components, including the13529
Ohio national guard. This exception does not apply to United13530
States reserve technicians.13531

       (7) A commercial motor vehicle that is operated for13532
nonbusiness purposes. "Operated for nonbusiness purposes" means13533
that the commercial motor vehicle is not used in commerce as13534
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not13535
regulated by the public utilities commission pursuant to Chapter13536
4919., 4921., or 4923. of the Revised Code.13537

       (8)A motor vehicle that is designed primarily for the13538
transportation of goods and not persons and that is used for the13539
occasional transportation of personal property by individuals not13540
for compensation and not in the furtherance of a commercial13541
enterprise.13542

       (B) Nothing contained in division (A)(5) of this section13543
shall be construed as preempting or superseding any law, rule, or13544
regulation of this state concerning the safe operation of13545
commercial motor vehicles.13546

       (B)(C) As used in this section:13547

       (1) "Eligible unit of local government" means a village,13548
township, or county that has a population of not more than three13549
thousand persons according to the most recent federal census.13550

       (2) "Farm truck" means a truck controlled and operated by a13551
farmer for use in the transportation to or from a farm, for a13552
distance of no more than one hundred fifty miles, of products of13553
the farm, including livestock and its products, poultry and its13554
products, floricultural and horticultural products, and in the13555
transportation to the farm, from a distance of no more than one13556
hundred fifty miles, of supplies for the farm, including tile,13557
fence, and every other thing or commodity used in agricultural,13558
floricultural, horticultural, livestock, and poultry production,13559
and livestock, poultry, and other animals and things used for13560
breeding, feeding, or other purposes connected with the operation13561
of the farm, when the truck is operated in accordance with this13562
division and is not used in the operations of a motor13563
transportation company or private motor carrier.13564

       (3) "Public safety vehicle" has the same meaning as in13565
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.13566

       (4) "Recreational vehicle" includes every vehicle that is13567
defined as a recreational vehicle in section 4501.01 of the13568
Revised Code and is used exclusively for purposes other than13569
engaging in business for profit.13570

       Sec. 4506.03.  (A) On and after April 1, 1992, the following13571
shall apply:13572

       (1) No person shall drive a commercial motor vehicle on a13573
highway in this state unless hethe person holds a valid13574
commercial driver's license with proper endorsements for the motor13575
vehicle being driven, issued by the registrar of motor vehicles, a13576
valid examiner's commercial driving permit issued under section13577
4506.13 of the Revised Code, a valid restricted commercial13578
driver's license and waiver for farm-related service industries13579
issued under section 4506.24 of the Revised Code, or a valid13580
commercial driver's license temporary instruction permit issued by13581
the registrar and is accompanied by an authorized state driver's13582
license examiner or tester or a person who has been issued and has13583
in histhe person's immediate possession a current, valid13584
commercial driver's license with proper endorsements for the motor13585
vehicle being driven.13586

       (2) No person shall be issued a commercial driver's license13587
until hethe person surrenders to the registrar of motor vehicles13588
all valid licenses issued to himthe person by another13589
jurisdiction recognized by this state. All surrendered licenses13590
shall be returned by the registrar to the issuing authority.13591

       (3) No person who has been a resident of this state for13592
thirty days or longer shall drive a commercial motor vehicle under13593
the authority of a commercial driver's license issued by another13594
jurisdiction.13595

       (B) As used in this section and in section 4506.09 of the13596
Revised Code, "tester" means a person or entity acting pursuant to13597
a valid agreement entered into under division (B) of section13598
4506.09 of the Revised Code.13599

       (C)Whoever violates this section is guilty of a misdemeanor13600
of the first degree.13601

       Sec. 4506.04.  (A) No person shall do any of the following:13602

       (1) Drive a commercial motor vehicle while having in histhe13603
person's possession or otherwise under histhe person's control13604
more than one valid driver's license issued by this state, any13605
other state, or by a foreign jurisdiction;13606

       (2) Drive a commercial motor vehicle on a highway in this13607
state in violation of an out-of-service order, while histhe13608
person's driving privilege is suspended, revoked, or canceled, or13609
while hethe person is subject to disqualification;13610

       (3) Drive a motor vehicle on a highway in this state under13611
authority of a commercial driver's license issued by another state13612
or a foreign jurisdiction, after having been a resident of this13613
state for thirty days or longer;13614

       (4) Knowingly give false information in any application or13615
certification required by section 4506.07 of the Revised Code.13616

       (B) The department of public safety shall give every13617
conviction occurring out of this state and notice of which is13618
received after December 31, 1989, full faith and credit and treat13619
it for sanctioning purposes under this chapter as though the13620
conviction had occurred in this state.13621

       (C)(1) Whoever violates division (A)(1), (2), or (3) of this13622
section is guilty of a misdemeanor of the first degree.13623

       (2) Whoever violates division (A)(4) of this section is13624
guilty of falsification, a misdemeanor of the first degree. In13625
addition, the provisions of section 4507.19 of the Revised Code13626
apply.13627

       Sec. 4506.05. (A) Notwithstanding any other provision of13628
law, a person may drive a commercial motor vehicle on a highway in13629
this state if all of the following conditions are met:13630

       (A) He(1)The person has a valid commercial driver's13631
license or commercial driver's license temporary instruction13632
permit issued by any state in accordance with the minimum13633
standards adopted by the federal highway administration under the13634
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13635
49 U.S.C.A. App. for issuance of commercial drivers' licenses;13636

       (B) His(2)The person's commercial driver's license or13637
permit is not suspended, revoked, or canceled;13638

       (C) He(3)The person is not disqualified from driving a13639
commercial motor vehicle;13640

       (D) He(4)The person is not subject to an out-of-service13641
order.13642

       (B)Whoever violates this section is guilty of a misdemeanor13643
of the first degree.13644

       Sec. 4506.06. (A) The registrar of motor vehicles, upon13645
receiving an application for a commercial driver's temporary13646
instruction permit, may issue the permit to any person who is at13647
least eighteen years of age and holds a valid driver's license,13648
other than a restricted license, issued under Chapter 4507. of the13649
Revised Code. A commercial driver's temporary instruction permit13650
shall not be issued for a period exceeding six months and only one13651
renewal of a permit shall be granted in a two-year period.13652

       The holder of a commercial driver's temporary instruction13653
permit, unless otherwise disqualified, may drive a commercial13654
motor vehicle when having the permit in the holder's actual13655
possession and accompanied by a person who holds a valid13656
commercial driver's license valid for the type of vehicle being13657
driven and who occupies a seat beside the permit holder for the13658
purpose of giving instruction in driving the motor vehicle.13659

       (B)Whoever violates this section is guilty of a misdemeanor13660
of the first degree.13661

       Sec. 4506.10.  (A) No person who holds a valid commercial13662
driver's license shall drive a commercial motor vehicle unless he13663
the person is physically qualified to do so. Each person who13664
drives or expects to drive a commercial motor vehicle in13665
interstate or foreign commerce or is otherwise subject to 4913666
C.F.R. 391, et seq., as amended, shall certify to the registrar of13667
motor vehicles at the time of application for a commercial13668
driver's license that hethe person is in compliance with these13669
standards. Any person who is not subject to 49 C.F.R. 391, et13670
seq., as amended, also shall certify at the time of application13671
that hethe person is not subject to these standards.13672

       (B) A person is qualified to drive a class B commercial13673
motor vehicle with a school bus endorsement, if hethe person has13674
been certified as medically qualified in accordance with rules13675
adopted by the department of education.13676

       (C) Any medical examination required by this section shall13677
be performed only by a person licensed under Chapter 4731. of the13678
Revised Code to practice medicine or surgery or osteopathic13679
medicine and surgery in this state, or licensed under any similar13680
law of another state, except that any part of such an examination13681
that pertains to visual acuity, field of vision, and the ability13682
to recognize colors may be performed by a person licensed under13683
Chapter 4725. of the Revised Code to practice optometry in this13684
state, or licensed under any similar law of another state.13685

       (D) Whenever good cause appears, the registrar, upon issuing13686
a commercial driver's license under this chapter, may impose13687
restrictions suitable to the licensee's driving ability with13688
respect to the type of motor vehicle or special mechanical control13689
devices required on a motor vehicle which the licensee may13690
operate, or such other restrictions applicable to the licensee as13691
the registrar determines to be necessary.13692

       The registrar may either issue a special restricted license13693
or may set forth such restrictions upon the usual license form the13694
restrictions imposed.13695

       The registrar, upon receiving satisfactory evidence of any13696
violation of the restrictions of suchthe license, may suspend or13697
revoke the sameimpose a class D license suspension of the license13698
for the period of time specified in division (B)(4) of section13699
4510.02 of the Revised Code.13700

       The registrar, upon receiving satisfactory evidence that an13701
applicant or holder of a commercial driver's license has violated13702
division (A)(4) of section 4506.04 of the Revised Code and13703
knowingly given false information in any application or13704
certification required by section 4506.07 of the Revised Code,13705
shall cancel the commercial driver's license of the person or any13706
pending application from the person for a commercial driver's13707
license or class D driver's license for a period of at least sixty13708
days, during which time no application for a commercial driver's13709
license or class D driver's license shall be received from the13710
person.13711

       (E)Whoever violates this section is guilty of a misdemeanor13712
of the first degree.13713

       Sec. 4506.11.  (A) Every commercial driver's license shall13714
be marked "commercial driver's license" or "CDL" and shall be of13715
such material and so designed as to prevent its reproduction or13716
alteration without ready detection, and, to this end, shall be13717
laminated with a transparent plastic material. The commercial13718
driver's license for licensees under twenty-one years of age shall13719
have characteristics prescribed by the registrar of motor vehicles13720
distinguishing it from that issued to a licensee who is twenty-one13721
years of age or older. Every commercial driver's license shall13722
display all of the following information:13723

       (1) The name and residence address of the licensee;13724

       (2) A color photograph of the licensee;13725

       (3) A physical description of the licensee, including sex,13726
height, weight, and color of eyes and hair;13727

       (4) The licensee's date of birth;13728

       (5) The licensee's social security number and any number or13729
other identifier the director of public safety considers13730
appropriate and establishes by rules adopted under Chapter 119. of13731
the Revised Code and in compliance with federal law. If the13732
licensee requests that the licensee's commercial driver's license13733
not display the licensee's social security number, the license13734
shall not display the number unless display of the number is13735
required by federal law.13736

       (6) The licensee's signature;13737

       (7) The classes of commercial motor vehicles the licensee is13738
authorized to drive and any endorsements or restrictions relating13739
to the licensee's driving of those vehicles;13740

       (8) A space marked "blood type" in which the licensee may13741
specify the licensee's blood type;13742

       (9) The name of this state;13743

       (10) The dates of issuance and of expiration of the license;13744

       (11) If the licensee has certified willingness to make an13745
anatomical donation under section 2108.04 of the Revised Code, any13746
symbol chosen by the registrar of motor vehicles to indicate that13747
the licensee has certified that willingness;13748

       (12) If the licensee has executed a durable power of13749
attorney for health care or a declaration governing the use or13750
continuation, or the withholding or withdrawal, of life-sustaining13751
treatment and has specified that the licensee wishes the license13752
to indicate that the licensee has executed either type of13753
instrument, any symbol chosen by the registrar to indicate that13754
the licensee has executed either type of instrument;13755

       (13) Any other information the registrar considers advisable13756
and requires by rule.13757

       (B) The registrar may establish and maintain a file of13758
negatives of photographs taken for the purposes of this section.13759

       (C) Neither the registrar nor any deputy registrar shall13760
issue a commercial driver's license to anyone under twenty-one13761
years of age that does not have the characteristics prescribed by13762
the registrar distinguishing it from the commercial driver's13763
license issued to persons who are twenty-one years of age or13764
older.13765

       (D)Whoever violates division (C) of this section is guilty13766
of a minor misdemeanor.13767

       Sec. 4506.12.  (A) Commercial drivers' licenses shall be13768
issued in the following classes and shall include any endorsements13769
and restrictions that are applicable. Subject to any such13770
endorsements and restrictions, the holder of a valid commercial13771
driver's license may drive all commercial motor vehicles in the13772
class for which that license is issued and all lesser classes of13773
vehicles, except that hethe holder shall not operate a motorcycle13774
unless hethe holder is licensed to do so under Chapter 4507. of13775
the Revised Code.13776

       (B) The classes of commercial drivers' licenses and the13777
commercial motor vehicles that they authorize the operation of are13778
as follows:13779

       (1) Class A--any combination of vehicles with a combined13780
gross vehicle weight rating of twenty-six thousand one pounds or13781
more, if the gross vehicle weight rating of the vehicle or13782
vehicles being towed is in excess of ten thousand pounds.13783

       (2) Class B--any single vehicle with a gross vehicle weight13784
rating of twenty-six thousand one pounds or more or any such13785
vehicle towing a vehicle having a gross vehicle weight rating that13786
is not in excess of ten thousand pounds.13787

       (3) Class C--any single vehicle, or combination of vehicles,13788
that is not a class A or class B vehicle, but that either is13789
designed to transport sixteen or more passengers, including the13790
driver, or is placarded for hazardous materials and any school bus13791
with a gross vehicle weight rating of less than twenty-six13792
thousand one pounds that is designed to transport fewer than13793
sixteen passengers including the driver.13794

       (C) The following endorsements and restrictions apply to13795
commercial drivers' licenses:13796

       (1) H--authorizes the driver to drive a vehicle transporting13797
hazardous materials;13798

       (2) K--restricts the driver to only intrastate operation;13799

       (3) L--restricts the driver to vehicles not equipped with13800
air brakes;13801

       (4) T--authorizes the driver to drive double and triple13802
trailers;13803

       (5) P--authorizes the driver to drive vehicles carrying13804
passengers;13805

       (6) P1--authorizes the driver to drive class A vehicles with13806
fewer than fifteen passengers and all lesser classes of vehicles13807
without restriction as to the number of passengers;13808

       (7) P2--authorizes the driver to drive class A or B vehicles13809
with fewer than fifteen passengers and all lesser classes of13810
vehicles without restriction as to the number of passengers;13811

       (8) P3--restricts the driver to driving class B school13812
buses;13813

       (9) P4--Restricts the driver to driving class C school buses13814
designed to transport fewer than sixteen passengers including the13815
driver.13816

       (10) N--authorizes the driver to drive tank vehicles;13817

       (11) S--authorizes the driver to drive school buses;13818

       (12) X--authorizes the driver to drive tank vehicles13819
transporting hazardous materials;13820

       (13) W--restricts the driver to the operation of commercial13821
motor vehicles in accordance with a waiver for farm-related13822
service industries issued under section 4506.24 of the Revised13823
Code.13824

       (D) No person shall drive any commercial motor vehicle for13825
which an endorsement is required under this section unless the13826
proper endorsement appears on the person's commercial driver's13827
license.13828

       (E)Whoever violates this section is guilty of a misdemeanor13829
of the first degree.13830

       Sec. 4506.14.  (A) Commercial driver's licenses shall expire13831
as follows:13832

       (1) Except as provided in division (A)(3) of this section,13833
each such license issued to replace an operator's or chauffeur's13834
license shall expire on the original expiration date of the13835
operator's or chauffeur's license and, upon renewal, shall expire13836
on the licensee's birthday in the fourth year after the date of13837
issuance.13838

       (2) Except as provided in division (A)(3) of this section,13839
each such license issued as an original license to a person whose13840
residence is in this state shall expire on the licensee's birthday13841
in the fourth year after the date of issuance, and each such13842
license issued to a person whose temporary residence is in this13843
state shall expire in accordance with rules adopted by the13844
registrar of motor vehicles. A license issued to a person with a13845
temporary residence in this state is nonrenewable, but may be13846
replaced with a new license within ninety days prior to its13847
expiration upon the applicant's compliance with all applicable13848
requirements.13849

       (3) Each such license issued to replace the operator's or13850
chauffeur's license of a person who is less than twenty-one years13851
of age, and each such license issued as an original license to a13852
person who is less than twenty-one years of age, shall expire on13853
the licensee's twenty-first birthday.13854

       (B) No commercial driver's license shall be issued for a13855
period longer than four years and ninety days. Except as provided13856
in section 4507.12 of the Revised Code, the registrar may waive13857
the examination of any person applying for the renewal of a13858
commercial driver's license issued under this chapter, provided13859
that the applicant presents either an unexpired commercial13860
driver's license or a commercial driver's license that has expired13861
not more than six months prior to the date of application.13862

       (C) Subject to the requirements of this chapter and except13863
as provided in division (A)(2) of this section in regard to a13864
person whose temporary residence is in this state, every13865
commercial driver's license shall be renewable ninety days before13866
its expiration upon payment of the fees required by section13867
4506.08 of the Revised Code. Each person applying for renewal of13868
a commercial driver's license shall complete the application form13869
prescribed by section 4506.07 of the Revised Code and shall13870
provide all certifications required. If the person wishes to13871
retain an endorsement authorizing the person to transport13872
hazardous materials, the person shall take and successfully13873
complete the written test for the endorsement.13874

       (D) Each person licensed as a driver under this chapter13875
shall notify the registrar of any change in the person's address13876
within ten days following that change. The notification shall be13877
in writing on a form provided by the registrar and shall include13878
the full name, date of birth, license number, county of residence,13879
social security number, and new address of the person.13880

       (E)Whoever violates division (D) of this section is guilty13881
of a minor misdemeanor.13882

       Sec. 4506.15. (A) No person shall do any of the following:13883

       (A)(1) Drive a commercial motor vehicle while having a13884
measurable or detectable amount of alcohol or of a controlled13885
substance in histhe person's blood, breath, or urine;13886

       (B)(2) Drive a commercial motor vehicle while having an13887
alcohol concentration of four-hundredths of one per cent or more;13888

       (C)(3) Drive a commercial motor vehicle while under the13889
influence of a controlled substance;13890

       (D)(4) Knowingly leave the scene of an accident involving a13891
commercial motor vehicle driven by the person;13892

       (E)(5) Use a commercial motor vehicle in the commission of a13893
felony;13894

       (F)(6) Refuse to submit to a test under section 4506.17 of13895
the Revised Code;13896

       (G)(7) Violate an out-of-service order issued under this13897
chapter;13898

       (H)(8) Violate any prohibition described in divisions13899
(B)(A)(2) to (G)(7) of this section while transporting hazardous13900
materials.13901

       (B)Whoever violates this section is guilty of a misdemeanor13902
of the first degree.13903

       Sec. 4506.16.  (A) Whoever violates division (A)(1) of13904
section 4506.15 of the Revised Code or a similar law of another13905
state or a foreign jurisdiction, immediately shall be placed13906
out-of-service for twenty-four hours, in addition to any13907
disqualification required by this section and any other penalty13908
imposed by the Revised Code.13909

       (B) The registrar of motor vehicles shall disqualify any13910
person from operating a commercial motor vehicle as follows:13911

       (1) UponSubject to division (B)(4) of this section, upon a13912
first conviction for a violation of any provision of divisions13913
(B)(A)(2) to (G)(7) of section 4506.15 of the Revised Code or a13914
similar law of another state or a foreign jurisdiction, one year,13915
in addition to any other penalty imposed by the Revised Code;13916

       (2) Upon a first conviction for a violation of division13917
(H)(A)(8) of section 4506.15 of the Revised Code or a similar law13918
of another state or a foreign jurisdiction, three years, in13919
addition to any other penalty imposed by the Revised Code;13920

       (3) Upon a second conviction for a violation of any13921
provision of divisions (B)(A)(2) to (G)(7) of section 4506.15 of13922
the Revised Code or a similar law of another state or a foreign13923
jurisdiction, or any combination of such violations arising from13924
two or more separate incidents, the person shall be disqualified13925
for life or for any other period of time as determined by the13926
United States secretary of transportation and designated by the13927
director of public safety by rule, in addition to any other13928
penalty imposed by the Revised Code;13929

       (4) Upon conviction of a violation of division (E)(A)(5) of13930
section 4506.15 of the Revised Code or a similar law of another13931
state or a foreign jurisdiction in connection with the13932
manufacture, distribution, or dispensing of a controlled substance13933
or the possession with intent to manufacture, distribute, or13934
dispense a controlled substance, the person shall be disqualified13935
for life, in addition to any other penalty imposed by the Revised13936
Code;13937

       (5) Upon conviction of two serious traffic violations13938
involving the operation of a commercial motor vehicle by the13939
person and arising from separate incidents occurring in a13940
three-year period, the person shall be disqualified for sixty13941
days, in addition to any other penalty imposed by the Revised13942
Code;13943

       (6) Upon conviction of three serious traffic violations13944
involving the operation of a commercial motor vehicle by the13945
person and arising from separate incidents occurring in a13946
three-year period, the person shall be disqualified for one13947
hundred twenty days, in addition to any other penalty imposed by13948
the Revised Code.13949

       (C) For the purposes of this section, conviction of a13950
violation for which disqualification is required may be evidenced13951
by any of the following:13952

       (1) A judgment entry of a court of competent jurisdiction in13953
this or any other state;13954

       (2) An administrative order of a state agency of this or any13955
other state having statutory jurisdiction over commercial drivers;13956

       (3) A computer record obtained from or through the13957
commercial driver's license information system;13958

       (4) A computer record obtained from or through a state13959
agency of this or any other state having statutory jurisdiction13960
over commercial drivers or the records of commercial drivers.13961

       (D) Any record described in division (C) of this section13962
shall be deemed to be self-authenticating when it is received by13963
the bureau of motor vehicles.13964

       (E) When disqualifying a driver, the registrar shall cause13965
the records of the bureau to be updated to reflect that action13966
within ten days after it occurs.13967

       (F) The registrar immediately shall notify a driver who is13968
finally convicted of any offense described in section 4506.15 of13969
the Revised Code or division (B)(4), (5), or (6) of this section13970
and thereby is subject to disqualification, of the offense or13971
offenses involved, of the length of time for which13972
disqualification is to be imposed, and that the driver may request13973
a hearing within thirty days of the mailing of the notice to show13974
cause why the driver should not be disqualified from operating a13975
commercial motor vehicle. If a request for such a hearing is not13976
made within thirty days of the mailing of the notice, the order of13977
disqualification is final. The registrar may designate hearing13978
examiners who, after affording all parties reasonable notice,13979
shall conduct a hearing to determine whether the disqualification13980
order is supported by reliable evidence. The registrar shall13981
adopt rules to implement this division.13982

       (G) Any person who is disqualified from operating a13983
commercial motor vehicle under this section may apply to the13984
registrar for a driver's license to operate a motor vehicle other13985
than a commercial motor vehicle, provided the person's commercial13986
driver's license is not otherwise suspended or revoked. A person13987
whose commercial driver's license is suspended or revoked shall13988
not apply to the registrar for or receive a driver's license under13989
Chapter 4507. of the Revised Code during the period of suspension13990
or revocation.13991

       Sec. 4506.17.  (A) Any person who drives a commercial motor13992
vehicle within this state shall be deemed to have given consent to13993
a test or tests of the person's blood, breath, or urine for the13994
purpose of determining the person's alcohol concentration or the13995
presence of any controlled substance.13996

       (B) A test or tests as provided in division (A) of this13997
section may be administered at the direction of a peace officer13998
having reasonable ground to stop or detain the person and, after13999
investigating the circumstances surrounding the operation of the14000
commercial motor vehicle, also having reasonable ground to believe14001
the person was driving the commercial vehicle while having a14002
measurable or detectable amount of alcohol or of a controlled14003
substance in the person's blood, breath, or urine. Any such test14004
shall be given within two hours of the time of the alleged14005
violation.14006

       (C) A person requested to submit to a test under division14007
(A) of this section shall be advised by the peace officer14008
requesting the test that a refusal to submit to the test will14009
result in the person immediately being placed out-of-service for a14010
period of twenty-four hours and being disqualified from operating14011
a commercial motor vehicle for a period of not less than one year,14012
and that the person is required to surrender the person's14013
commercial driver's license to the peace officer.14014

       (D) If a person refuses to submit to a test after being14015
warned as provided in division (C) of this section or submits to a14016
test that discloses the presence of a controlled substance or an14017
alcohol concentration of four-hundredths of one per cent or more,14018
the person immediately shall surrender the person's commercial14019
driver's license to the peace officer. The peace officer shall14020
forward the license, together with a sworn report, to the14021
registrar of motor vehicles certifying that the test was requested14022
pursuant to division (A) of this section and that the person14023
either refused to submit to testing or submitted to a test that14024
disclosed the presence of a controlled substance or an alcohol14025
concentration of four-hundredths of one per cent or more. The14026
form and contents of the report required by this section shall be14027
established by the registrar by rule, but shall contain the advice14028
to be read to the driver and a statement to be signed by the14029
driver acknowledging that the driver has been read the advice and14030
that the form was shown to the driver.14031

       (E) Upon receipt of a sworn report from a peace officer as14032
provided in division (D) of this section, the registrar shall14033
disqualify the person named in the report from driving a14034
commercial motor vehicle for the period described below:14035

       (1) Upon a first incident, one year;14036

       (2) Upon an incident of refusal or of a prohibited14037
concentration of alcohol after one or more previous incidents of14038
either refusal or of a prohibited concentration of alcohol, the14039
person shall be disqualified for life or such lesser period as14040
prescribed by rule by the registrar.14041

       (F) A blood test given under this section shall comply with14042
the applicable provisions of division (D) of section 4511.19 of14043
the Revised Code and any physician, registered nurse, or qualified14044
technician or, chemist,or phlebotomist who withdraws blood from a14045
person under this section, and any hospital, first-aid station, or14046
clinic,or other facility at which blood is withdrawn from a14047
person pursuant to this section, is immune from criminal14048
liability, and from civil liability that is based upon a claim of14049
assault and battery or based upon any other claim of malpractice,14050
for any act performed in withdrawing blood from the person.14051

       (G) When a person submits to a test under this section, the14052
results of the test, at the person's request, shall be made14053
available to the person, the person's attorney, or the person's14054
agent, immediately upon completion of the chemical test analysis.14055
The person also may have an additional test administered by a14056
physician, a registered nurse, or a qualified technician or,14057
chemist,or phlebotomist of the person's own choosing as provided14058
in division (D) of section 4511.19 of the Revised Code for tests14059
administered under that section, and the failure to obtain such a14060
test has the same effect as in that division.14061

       (H) No person shall refuse to immediately surrender the14062
person's commercial driver's license to a peace officer when14063
required to do so by this section.14064

       (I) A peace officer issuing an out-of-service order or14065
receiving a commercial driver's license surrendered under this14066
section may remove or arrange for the removal of any commercial14067
motor vehicle affected by the issuance of that order or the14068
surrender of that license.14069

       (J)(1) Except for civil actions arising out of the operation14070
of a motor vehicle and civil actions in which the state is a14071
plaintiff, no peace officer of any law enforcement agency within14072
this state is liable in compensatory damages in any civil action14073
that arises under the Revised Code or common law of this state for14074
an injury, death, or loss to person or property caused in the14075
performance of official duties under this section and rules14076
adopted under this section, unless the officer's actions were14077
manifestly outside the scope of the officer's employment or14078
official responsibilities, or unless the officer acted with14079
malicious purpose, in bad faith, or in a wanton or reckless14080
manner.14081

       (2) Except for civil actions that arise out of the operation14082
of a motor vehicle and civil actions in which the state is a14083
plaintiff, no peace officer of any law enforcement agency within14084
this state is liable in punitive or exemplary damages in any civil14085
action that arises under the Revised Code or common law of this14086
state for any injury, death, or loss to person or property caused14087
in the performance of official duties under this section of the14088
Revised Code and rules adopted under this section, unless the14089
officer's actions were manifestly outside the scope of the14090
officer's employment or official responsibilities, or unless the14091
officer acted with malicious purpose, in bad faith, or in a wanton14092
or reckless manner.14093

       (K) When disqualifying a driver, the registrar shall cause14094
the records of the bureau of motor vehicles to be updated to14095
reflect the disqualification within ten days after it occurs.14096

       (L) The registrar immediately shall notify a driver who is14097
subject to disqualification of the disqualification, of the length14098
of the disqualification, and that the driver may request a hearing14099
within thirty days of the mailing of the notice to show cause why14100
the driver should not be disqualified from operating a commercial14101
motor vehicle. If a request for such a hearing is not made within14102
thirty days of the mailing of the notice, the order of14103
disqualification is final. The registrar may designate hearing14104
examiners who, after affording all parties reasonable notice,14105
shall conduct a hearing to determine whether the disqualification14106
order is supported by reliable evidence. The registrar shall14107
adopt rules to implement this division.14108

       (M) Any person who is disqualified from operating a14109
commercial motor vehicle under this section may apply to the14110
registrar for a driver's license to operate a motor vehicle other14111
than a commercial motor vehicle, provided the person's commercial14112
driver's license is not otherwise suspended or revoked. A person14113
whose commercial driver's license is suspended or revoked shall14114
not apply to the registrar for or receive a driver's license under14115
Chapter 4507. of the Revised Code during the period of suspension14116
or revocation.14117

       (N)Whoever violates division (H) of this section is guilty14118
of a misdemeanor of the first degree.14119

       Sec. 4506.18. (A) Any driver who holds a commercial14120
driver's license issued by this state and is convicted in another14121
state or a foreign jurisdiction of violating any law or ordinance14122
relating to motor vehicle traffic control, other than a parking14123
violation, shall provide written notice of that conviction within14124
thirty days after the date of conviction to the bureau of motor14125
vehicles and to histhe driver's employer in accordance with the14126
provisions of 49 C.F.R. 383, subpart C, as amended.14127

       (B)Whoever violates this section is guilty of a misdemeanor14128
of the first degree.14129

       Sec. 4506.19. (A) The provisions of 49 C.F.R. 383, subpart14130
C, as amended, shall apply to all commercial drivers or persons14131
who apply for employment as commercial drivers. No person shall14132
fail to make a report to histhe person's employer as required by14133
this section.14134

       (B)Whoever violates this section is guilty of a misdemeanor14135
of the first degree.14136

       Sec. 4506.20.  (A) Each employer shall require every14137
applicant for employment as a driver of a commercial motor vehicle14138
to provide the information specified in section 4506.20 of the14139
Revised Code.14140

       (B) No employer shall knowingly permit or authorize any14141
driver employed by himthe employer to drive a commercial motor14142
vehicle during any period in which any of the following apply:14143

       (1) The driver's commercial driver's license is suspended,14144
revoked, or canceled by any state or a foreign jurisdiction;14145

       (2) The driver has lost histhe privilege to drive, or14146
currently is disqualified from driving, a commercial motor vehicle14147
in any state or foreign jurisdiction;14148

       (3) The driver is subject to an out-of-service order in any14149
state or foreign jurisdiction;14150

       (4) The driver has more than one driver's license.14151

       (C)Whoever violates this section is guilty of a misdemeanor14152
of the first degree.14153

       Sec. 4506.99. (A) Whoever violates division (A) of section14154
4506.03, division (A)(1), (2), or (3) of section 4506.04, division14155
(A) of section 4506.10, division (H) of section 4506.17, or14156
section 4506.20 of the Revised Code is guilty of a misdemeanor of14157
the first degree.14158

       (B) Whoever violates division (A)(4) of section 4506.04 of14159
the Revised Code is guilty of falsification, a misdemeanor of the14160
first degree. In addition, the provisions of section 4507.19 of14161
the Revised Code apply.14162

       (C) Whoever violates division (C) of section 4506.11 or14163
division (D) of section 4506.14 of the Revised Code is guilty of a14164
minor misdemeanor.14165

       (D) Whoever violates any provision of sections 4506.03 to14166
4506.20 of the Revised Code for which no penalty is otherwise is14167
provided in thisthe section that contains the provision violated14168
is guilty of a misdemeanor of the first degree.14169

       Sec. 4507.02.  (A)(1) No person, except those expressly14170
exempted under sections 4507.03, 4507.04, and 4507.05 of the14171
Revised Code, shall operate any motor vehicle upon a highway or14172
any public or private property used by the public for purposes of14173
vehicular travel or parking in this state unless the person has a14174
valid driver's license issued under this chapter or a commercial14175
driver's license issued under Chapter 4506. of the Revised Code.14176

       (2) No person shall permit the operation of a motor vehicle14177
upon any public or private property used by the public for14178
purposes of vehicular travel or parking knowing the operator does14179
not have a valid driver's license issued to the operator by the14180
registrar of motor vehicles under this chapter or a valid14181
commercial driver's license issued under Chapter 4506. of the14182
Revised Code.14183

       (3) No person, except a person expressly exempted under14184
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall14185
operate any motorcycle upon a highway or any public or private14186
property used by the public for purposes of vehicular travel or14187
parking in this state unless the person has a valid license as a14188
motorcycle operator, that was issued upon application by the14189
registrar under this chapter. The license shall be in the form of14190
an endorsement, as determined by the registrar, upon a driver's or14191
commercial driver's license, if the person has a valid license to14192
operate a motor vehicle or commercial motor vehicle, or in the14193
form of a restricted license as provided in section 4507.14 of the14194
Revised Code, if the person does not have a valid license to14195
operate a motor vehicle or commercial motor vehicle.14196

       (4)(2) No person shall receive a driver's license, or a14197
motorcycle operator's endorsement of a driver's or commercial14198
driver's license, unless and until the person surrenders to the14199
registrar all valid licenses issued to the person by another14200
jurisdiction recognized by this state. All surrendered licenses14201
shall be returned by the registrar to the issuing authority,14202
together with information that a license is now issued in this14203
state. No person shall be permitted to have more than one valid14204
license at any time.14205

       (B)(1) No person, whose driver's or commercial driver's14206
license or permit or nonresident's operating privilege has been14207
suspended or revoked pursuant to Chapter 4509. of the Revised14208
Code, shall operate any motor vehicle within this state, or14209
knowingly permit any motor vehicle owned by the person to be14210
operated by another person in the state, during the period of the14211
suspension or revocation, except as specifically authorized by14212
Chapter 4509. of the Revised Code. No person shall operate a14213
motor vehicle within this state, or knowingly permit any motor14214
vehicle owned by the person to be operated by another person in14215
the state, during the period in which the person is required by14216
section 4509.45 of the Revised Code to file and maintain proof of14217
financial responsibility for a violation of section 4509.101 of14218
the Revised Code, unless proof of financial responsibility is14219
maintained with respect to that vehicle.14220

       (2) No person shall operate any motor vehicle upon a highway14221
or any public or private property used by the public for purposes14222
of vehicular travel or parking in this state in violation of any14223
restriction of the person's driver's or commercial driver's14224
license imposed under division (D) of section 4506.10 or section14225
4507.14 of the Revised Code.14226

       (C) No person, whose driver's or commercial driver's license14227
or permit has been suspended pursuant to section 4511.191, section14228
4511.196, or division (B) of section 4507.16 of the Revised Code,14229
shall operate any motor vehicle within this state until the person14230
has paid the license reinstatement fee required pursuant to14231
division (L) of section 4511.191 of the Revised Code and the14232
license or permit has been returned to the person or a new license14233
or permit has been issued to the person.14234

       (D)(1) No person, whose driver's or commercial driver's14235
license or permit or nonresident operating privilege has been14236
suspended or revoked under any provision of the Revised Code other14237
than Chapter 4509. of the Revised Code or under any applicable law14238
in any other jurisdiction in which the person's license or permit14239
was issued, shall operate any motor vehicle upon the highways or14240
streets within this state during the period of the suspension or14241
within one year after the date of the revocation. No person who14242
is granted occupational driving privileges by any court shall14243
operate any motor vehicle upon the highways or streets in this14244
state except in accordance with the terms of the privileges.14245

       (2) No person, whose driver's or commercial driver's license14246
or permit or nonresident operating privilege has been suspended14247
under division (B) of section 4507.16 of the Revised Code, shall14248
operate any motor vehicle upon the highways or streets within this14249
state during the period of suspension. No person who is granted14250
occupational driving privileges by any court shall operate any14251
motor vehicle upon the highways or streets in this state except in14252
accordance with the terms of those privileges.14253

       (E)(1) It is an affirmative defense to any prosecution14254
brought pursuant to division (B), (C), or (D) of this section that14255
the alleged offender drove under suspension or in violation of a14256
restriction because of a substantial emergency, provided that no14257
other person was reasonably available to drive in response to the14258
emergency.14259

       (2) It is an affirmative defense to any prosecution brought14260
pursuant to division (B)(1) of this section that the order of14261
suspension resulted from the failure of the alleged offender to14262
respond to a financial responsibility random verification request14263
under division (A)(3)(c) of section 4509.101 of the Revised Code14264
and that, upon a showing of proof of financial responsibility, the14265
alleged offender was in compliance with division (A)(1) of section14266
4509.101 of the Revised Code at the time of the initial financial14267
responsibility random verification request.14268

       (F)(1) If a person is convicted of a violation of division14269
(B), (C), or (D) of this section 4510.11, 4510.14,or 4510.16 of14270
the Revised Code or if division (F) of section 4507.164 of the14271
Revised Code applies, the trial judge of any court, in addition to14272
or independent of, any other penalties provided by law or14273
ordinance, shall impound the identification license plates of any14274
motor vehicle registered in the name of the person. The court14275
shall send the impounded license plates to the registrar, who may14276
retain the license plates until the driver's or commercial14277
driver's license of the owner has been reinstated or destroy them14278
pursuant to section 4503.232 of the Revised Code.14279

       If the license plates of a person convicted of a violation of14280
division (B), (C), or (D) of this sectionany provision of those14281
sections have been impounded in accordance with the provisions of14282
this division, the court shall notify the registrar of that14283
action. The notice shall contain the name and address of the14284
driver, the serial number of the driver's driver's or commercial14285
driver's license, the serial numbers of the license plates of the14286
motor vehicle, and the length of time for which the license plates14287
have been impounded. The registrar shall record the data in the14288
notice as part of the driver's permanent record.14289

       (2) Any motor vehicle owner who has had the license plates14290
of a motor vehicle impounded pursuant to division (F)(B)(1) of14291
this section may apply to the registrar, or to a deputy registrar,14292
for special license plates whichthat shall conform to the14293
requirements of section 4503.231 of the Revised Code. The14294
registrar or deputy registrar forthwith shall notify the court of14295
the application and, upon approval of the court, shall issue14296
special license plates to the applicant. Until the driver's or14297
commercial driver's license of the owner is reinstated, any new14298
license plates issued to the owner also shall conform to the14299
requirements of section 4503.231 of the Revised Code.14300

       The registrar or deputy registrar shall charge the owner of a14301
vehicle the fees provided in section 4503.19 of the Revised Code14302
for special license plates that are issued in accordance with this14303
division, except upon renewal as specified in section 4503.10 of14304
the Revised Code, when the regular fee as provided in section14305
4503.04 of the Revised Code shall be charged. The registrar or14306
deputy registrar shall charge the owner of a vehicle the fees14307
provided in section 4503.19 of the Revised Code whenever special14308
license plates are exchanged, by reason of the reinstatement of14309
the driver's or commercial driver's license of the owner, for14310
those ordinarily issued.14311

       (3) If an owner wishes to sell a motor vehicle during the14312
time the special license plates provided under division (F)(B)(2)14313
of this section are in use, the owner may apply to the court that14314
impounded the license plates of the motor vehicle for permission14315
to transfer title to the motor vehicle. If the court is satisfied14316
that the sale will be made in good faith and not for the purpose14317
of circumventing the provisions of this section, it may certify14318
its consent to the owner and to the registrar of motor vehicles14319
who shall enter notice of the transfer of the title of the motor14320
vehicle in the vehicle registration record.14321

       If, during the time the special license plates provided under14322
division (F)(B)(2) of this section are in use, the title to a14323
motor vehicle is transferred by the foreclosure of a chattel14324
mortgage, a sale upon execution, the cancellation of a conditional14325
sales contract, or by order of a court, the court shall notify the14326
registrar of the action and the registrar shall enter notice of14327
the transfer of the title to the motor vehicle in the vehicle14328
registration record.14329

       (G)(C) This section is not intended to change or modify any14330
provision of Chapter 4503. of the Revised Code with respect to the14331
taxation of motor vehicles or the time within which the taxes on14332
motor vehicles shall be paid.14333

       Sec. 4507.023.  The registrar of motor vehicles may furnish14334
the name and social security number of any person whose driver's14335
license or commercial driver's license has been suspended or14336
revokedcanceled, or of any person whose certificate of14337
registration and license plates are subject to impoundment, to the14338
tax commissioner. The tax commissioner may return to the14339
registrar the address of any such person as shown on the most14340
recent return filed by that person under section 5747.08 of the14341
Revised Code.14342

       Sec. 4507.05.  (A) The registrar of motor vehicles, or a14343
deputy registrar, upon receiving an application for a temporary14344
instruction permit and a temporary instruction permit14345
identification card for a driver's license from any person who is14346
at least fifteen years and six months of age, may issue such a14347
permit and identification card entitling the applicant to drive a14348
motor vehicle, other than a commercial motor vehicle, upon the14349
highways under the following conditions:14350

       (1) If the permit is issued to a person who is at least14351
fifteen years and six months of age, but less than sixteen years14352
of age:14353

       (a) The permit and identification card are in the holder's14354
immediate possession;14355

       (b) The holder is accompanied by an eligible adult who14356
actually occupies the seat beside the permit holder;14357

       (c) The total number of occupants of the vehicle does not14358
exceed the total number of occupant restraining devices originally14359
installed in the motor vehicle by its manufacturer, and each14360
occupant of the vehicle is wearing all of the available elements14361
of a properly adjusted occupant restraining device.14362

       (2) If the permit is issued to a person who is at least14363
sixteen years of age:14364

       (a) The permit and identification card are in the holder's14365
immediate possession;14366

       (b) The holder is accompanied by a licensed operator who is14367
at least twenty-one years of age and is actually occupying a seat14368
beside the driver;14369

       (c) The total number of occupants of the vehicle does not14370
exceed the total number of occupant restraining devices originally14371
installed in the motor vehicle by its manufacturer, and each14372
occupant of the vehicle is wearing all of the available elements14373
of a properly adjusted occupant restraining device.14374

       (B) The registrar or a deputy registrar, upon receiving from14375
any person an application for a temporary instruction permit and14376
temporary instruction permit identification card to operate a14377
motorcycle or motorized bicycle, may issue such a permit and14378
identification card entitling the applicant, while having the14379
permit and identification card in the applicant's immediate14380
possession, to drive a motorcycle or motorized bicycle under14381
restrictions determined by the registrar. A temporary instruction14382
permit and temporary instruction permit identification card to14383
operate a motorized bicycle may be issued to a person fourteen or14384
fifteen years old.14385

       (C) Any permit and identification card issued under this14386
section shall be issued in the same manner as a driver's license,14387
upon a form to be furnished by the registrar. A temporary14388
instruction permit to drive a motor vehicle other than a14389
commercial motor vehicle shall be valid for a period of one year.14390

       (D) Any person having in the person's possession a valid and14391
current driver's license or motorcycle operator's license or14392
endorsement issued to the person by another jurisdiction14393
recognized by this state is exempt from obtaining a temporary14394
instruction permit for a driver's license, but shall submit to the14395
regular examination in obtaining a driver's license or motorcycle14396
operator's endorsement in this state.14397

       (E) The registrar may adopt rules governing the use of14398
temporary instruction permits and temporary instruction permit14399
identification cards.14400

       (F)(1) No holder of a permit issued under division (A) of14401
this section shall operate a motor vehicle upon a highway or any14402
public or private property used by the public for purposes of14403
vehicular travel or parking in violation of the conditions14404
established under division (A) of this section.14405

       (2) Except as provided in division (F)(2) of this section,14406
no holder of a permit that is issued under division (A) of this14407
section and that is issued on or after the effective date of this14408
amendment, and who has not attained the age of seventeen years,14409
shall operate a motor vehicle upon a highway or any public or14410
private property used by the public for purposes of vehicular14411
travel or parking between the hours of one a.m. and five a.m.14412

       The holder of a permit issued under division (A) of this14413
section on or after the effective date of this amendment, who has14414
not attained the age of seventeen years, may operate a motor14415
vehicle upon a highway or any public or private property used by14416
the public for purposes of vehicular travel or parking between the14417
hours of one a.m. and five a.m. if, at the time of such operation,14418
the holder is accompanied by the holder's parent, guardian, or14419
custodian, and the parent, guardian, or custodian holds a current14420
valid driver's or commercial driver's license issued by this state14421
and is actually occupying a seat beside the permit holder.14422

       (G)(1) Notwithstanding any other provision of law to the14423
contrary, no law enforcement officer shall cause the operator of a14424
motor vehicle being operated on any street or highway to stop the14425
motor vehicle for the sole purpose of determining whether each14426
occupant of the motor vehicle is wearing all of the available14427
elements of a properly adjusted occupant restraining device as14428
required by division (A) of this section, or for the sole purpose14429
of issuing a ticket, citation, or summons if the requirement in14430
that division has been or is being violated, or for causing the14431
arrest of or commencing a prosecution of a person for a violation14432
of that requirement.14433

       (2) Notwithstanding any other provision of law to the14434
contrary, no law enforcement officer shall cause the operator of a14435
motor vehicle being operated on any street or highway to stop the14436
motor vehicle for the sole purpose of determining whether a14437
violation of division (F)(2) of this section has been or is being14438
committed or for the sole purpose of issuing a ticket, citation,14439
or summons for such a violation or for causing the arrest of or14440
commencing a prosecution of a person for such violation.14441

       (H) As used in this section:14442

       (1) "Eligible adult" means any of the following:14443

       (a) An instructor of a driver education course approved by14444
the department of education or a driver training course approved14445
by the department of public safety;14446

       (b) Any of the following persons who holds a current valid14447
driver's or commercial driver's license issued by this state:14448

       (i) A parent, guardian, or custodian of the permit holder;14449

       (ii) A person twenty-one years of age or older who acts in14450
loco parentis of the permit holder.14451

       (2) "Occupant restraining device" has the same meaning as in14452
section 4513.263 of the Revised Code.14453

       (I)Whoever violates division (F)(1) or (2) of this section14454
is guilty of a minor misdemeanor.14455

       Sec. 4507.06.  (A)(1) Every application for a driver's14456
license or motorcycle operator's license or endorsement, or14457
duplicate of any such license or endorsement, shall be made upon14458
the approved form furnished by the registrar of motor vehicles and14459
shall be signed by the applicant.14460

       Every application shall state the following:14461

       (a) The applicant's name, date of birth, social security14462
number if such has been assigned, sex, general description,14463
including height, weight, color of hair, and eyes, residence14464
address, including county of residence, duration of residence in14465
this state, and country of citizenship;14466

       (b) Whether the applicant previously has been licensed as an14467
operator, chauffeur, driver, commercial driver, or motorcycle14468
operator and, if so, when, by what state, and whether such license14469
is suspended or revokedcanceled at the present time and, if so,14470
the date of and reason for the suspension or revocation14471
cancellation;14472

       (c) Whether the applicant is now or ever has been afflicted14473
with epilepsy, or whether the applicant now is suffering from any14474
physical or mental disability or disease and, if so, the nature14475
and extent of the disability or disease, giving the names and14476
addresses of physicians then or previously in attendance upon the14477
applicant;14478

       (d) Whether an applicant for a duplicate driver's license,14479
or duplicate license containing a motorcycle operator endorsement14480
has pending a citation for violation of any motor vehicle law or14481
ordinance, a description of any such citation pending, and the14482
date of the citation;14483

       (e) Whether the applicant wishes to certify willingness to14484
make an anatomical gift under section 2108.04 of the Revised Code,14485
which shall be given no consideration in the issuance of a license14486
or endorsement;14487

       (f) On and after May 1, 1993, whetherWhether the applicant14488
has executed a valid durable power of attorney for health care14489
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has14490
executed a declaration governing the use or continuation, or the14491
withholding or withdrawal, of life-sustaining treatment pursuant14492
to sections 2133.01 to 2133.15 of the Revised Code and, if the14493
applicant has executed either type of instrument, whether the14494
applicant wishes the applicant's license to indicate that the14495
applicant has executed the instrument.14496

       (2) Every applicant for a driver's license shall be14497
photographed in color at the time the application for the license14498
is made. The application shall state any additional information14499
that the registrar requires.14500

       (B) The registrar or a deputy registrar, in accordance with14501
section 3503.11 of the Revised Code, shall register as an elector14502
any person who applies for a driver's license or motorcycle14503
operator's license or endorsement under division (A) of this14504
section, or for a renewal or duplicate of the license or14505
endorsement, if the applicant is eligible and wishes to be14506
registered as an elector. The decision of an applicant whether to14507
register as an elector shall be given no consideration in the14508
decision of whether to issue the applicant a license or14509
endorsement, or a renewal or duplicate.14510

       (C) The registrar or a deputy registrar, in accordance with14511
section 3503.11 of the Revised Code, shall offer the opportunity14512
of completing a notice of change of residence or change of name to14513
any applicant for a driver's license or endorsement under division14514
(A) of this section, or for a renewal or duplicate of the license14515
or endorsement, if the applicant is a registered elector who has14516
changed the applicant's residence or name and has not filed such a14517
notice.14518

       Sec. 4507.071.  (A) No driver's license shall be issued to14519
any person under eighteen years of age, except that a probationary14520
license may be issued to a person who is at least sixteen years of14521
age and has held a temporary instruction permit for a period of at14522
least six months.14523

       (B) No holder of a probationary driver's license issued on or14524
after the effective date of this section who has not attained the14525
age of seventeen years shall operate a motor vehicle upon a14526
highway or any public or private property used by the public for14527
purposes of vehicular travel or parking between the hours of one14528
a.m. and five a.m. unless the holder is accompanied by the14529
holder's parent or guardian.14530

       (C) It is an affirmative defense to a violation of division14531
(B) of this section if, at the time of the violation, the holder14532
of the probationary driver's license was traveling to or from the14533
holder's place of employment or an official function sponsored by14534
the school the holder attends, or an emergency existed that14535
required the holder to operate a motor vehicle in violation of14536
division (B) of this section, or the holder was an emancipated14537
minor.14538

       (D) No holder of a probationary license shall operate a14539
motor vehicle upon a highway or any public or private property14540
used by the public for purposes of vehicular travel or parking14541
unless the total number of occupants of the vehicle does not14542
exceed the total number of occupant restraining devices originally14543
installed in the motor vehicle by its manufacturer, and each14544
occupant of the vehicle is wearing all of the available elements14545
of a properly adjusted occupant restraining device.14546

       (E) A restricted license may be issued to a person who is14547
fourteen or fifteen years of age upon proof of hardship14548
satisfactory to the registrar of motor vehicles.14549

       (F) Notwithstanding any other provision of law to the14550
contrary, no law enforcement officer shall cause the operator of a14551
motor vehicle being operated on any street or highway to stop the14552
motor vehicle for the sole purpose of determining whether each14553
occupant of the motor vehicle is wearing all of the available14554
elements of a properly adjusted occupant restraining device as14555
required by division (D) of this section, or for the sole purpose14556
of issuing a ticket, citation, or summons if the requirement in14557
that division has been or is being violated, or for causing the14558
arrest of or commencing a prosecution of a person for a violation14559
of that requirement.14560

       (G) Notwithstanding any other provision of law to the14561
contrary, no law enforcement officer shall cause the operator of a14562
motor vehicle being operated on any street or highway to stop the14563
motor vehicle for the sole purpose of determining whether a14564
violation of division (B) of this section has been or is being14565
committed or for the sole purpose of issuing a ticket, citation,14566
or summons for such a violation or for causing the arrest of or14567
commencing a prosecution of a person for such violation.14568

       (H) As used in this section, "occupant restraining device"14569
has the same meaning as in section 4513.263 of the Revised Code.14570

       (I)Whoever violates division (B) or (D) of this section is14571
guilty of a minor misdemeanor.14572

       Sec. 4507.08.  (A) No probationary license shall be issued14573
to any person under the age of eighteen who has been adjudicated14574
an unruly or delinquent child or a juvenile traffic offender for14575
having committed any act that if committed by an adult would be a14576
drug abuse offense, as defined in section 2925.01 of the Revised14577
Code, a violation of division (B) of section 2917.11, or a14578
violation of division (A) of section 4511.19 of the Revised Code,14579
unless the person has been required by the court to attend a drug14580
abuse or alcohol abuse education, intervention, or treatment14581
program specified by the court and has satisfactorily completed14582
the program.14583

       (B) No temporary instruction permit or driver's license14584
shall be issued to any person whose license has been suspended,14585
during the period for which the license was suspended, nor to any14586
person whose license has been revokedcanceled, under sections14587
4507.01 to 4507.39Chapter 4510. or any other provision of the14588
Revised Code, until the expiration of one year after the license14589
was revoked.14590

       (C) No temporary instruction permit or driver's license14591
shall be issued to any person whose commercial driver's license is14592
suspended under section 1905.201, 3123.58, 4507.16, 4507.34,14593
4507.99, 4511.191, or 4511.196 of the Revised CodeChapter 4510.14594
or under any other provision of the Revised Code during the period14595
of the suspension.14596

       No temporary instruction permit or driver's license shall be14597
issued to any person when issuance is prohibited by division (A)14598
of section 4507.091 of the Revised Code.14599

       (D) No temporary instruction permit or driver's license14600
shall be issued to, or retained by, any of the following persons:14601

       (1) Any person who is an alcoholic, or is addicted to the14602
use of controlled substances to the extent that the use14603
constitutes an impairment to the person's ability to operate a14604
motor vehicle with the required degree of safety;14605

       (2) Any person who is under the age of eighteen and has been14606
adjudicated an unruly or delinquent child or a juvenile traffic14607
offender for having committed any act that if committed by an14608
adult would be a drug abuse offense, as defined in section 2925.0114609
of the Revised Code, a violation of division (B) of section14610
2917.11, or a violation of division (A) of section 4511.19 of the14611
Revised Code, unless the person has been required by the court to14612
attend a drug abuse or alcohol abuse education, intervention, or14613
treatment program specified by the court and has satisfactorily14614
completed the program;14615

       (3) Any person who, in the opinion of the registrar, is14616
afflicted with or suffering from a physical or mental disability14617
or disease that prevents the person from exercising reasonable and14618
ordinary control over a motor vehicle while operating the vehicle14619
upon the highways, except that a restricted license effective for14620
six months may be issued to any person otherwise qualified who is14621
or has been subject to any condition resulting in episodic14622
impairment of consciousness or loss of muscular control and whose14623
condition, in the opinion of the registrar, is dormant or is14624
sufficiently under medical control that the person is capable of14625
exercising reasonable and ordinary control over a motor vehicle. A14626
restricted license effective for six months shall be issued to any14627
person who is otherwise is qualified and who is subject to any14628
condition that causes episodic impairment of consciousness or a14629
loss of muscular control if the person presents a statement from a14630
licensed physician that the person's condition is under effective14631
medical control and the period of time for which the control has14632
been continuously maintained, unless, thereafter, a medical14633
examination is ordered and, pursuant thereto, cause for denial is14634
found.14635

       A person to whom a six-month restricted license has been14636
issued shall give notice of the person's medical condition to the14637
registrar on forms provided by the registrar and signed by the14638
licensee's physician. The notice shall be sent to the registrar14639
six months after the issuance of the license. Subsequent14640
restricted licenses issued to the same individual shall be14641
effective for six months.14642

       (4) Any person who is unable to understand highway warnings14643
or traffic signs or directions given in the English language;14644

       (5) Any person making an application whose driver's license14645
or driving privileges are under cancellation, revocation, or14646
suspension in the jurisdiction where issued or any other14647
jurisdiction, until the expiration of one year after the license14648
was canceled or revoked or until the period of suspension ends.14649
Any person whose application is denied under this division may14650
file a petition in the municipal court or county court in whose14651
jurisdiction the person resides agreeing to pay the cost of the14652
proceedings and alleging that the conduct involved in the offense14653
that resulted in suspension, cancellation, or revocation in the14654
foreign jurisdiction would not have resulted in a suspension,14655
cancellation, or revocation had the offense occurred in this14656
state. If the petition is granted, the petitioner shall notify14657
the registrar by a certified copy of the court's findings and a14658
license shall not be denied under this division.14659

       (6) Any person who is under a class one or two suspension14660
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of14661
the Revised Code or whose driver's or commercial driver's license14662
or permit has beenwas permanently revoked prior to the effective14663
date of this amendment for a substantially equivalent violation14664
pursuant to division (C) of section 4507.16 of the Revised Code;14665

       (7) Any person who is not a resident or temporary resident14666
of this state.14667

       Sec. 4507.081.  (A) Upon the expiration of a restricted14668
license issued under division (D)(3) of section 4507.08 of the14669
Revised Code and submission of a statement as provided in division14670
(C) of this section, the registrar of motor vehicles may issue a14671
driver's license to the person to whom the restricted license was14672
issued. A driver's license issued under this section, unless14673
otherwise revokedsuspended or canceled, shall be effective for14674
one year.14675

       (B) A driver's license issued under this section may be14676
renewed annually, for no more than three consecutive years,14677
whenever the person to whom the license has been issued submits to14678
the registrar, by certified mail and no sooner than thirty days14679
prior to the expiration date of the license or renewal thereof, a14680
statement as provided in division (C) of this section. A renewal14681
of a driver's license, unless the license is otherwise revoked14682
suspended or canceled, shall be effective for one year following14683
the expiration date of the license or renewal thereof, and shall14684
be evidenced by a validation sticker. The renewal validation14685
sticker shall be in a form prescribed by the registrar and shall14686
be affixed to the license.14687

       (C) No person may be issued a driver's license under this14688
section, and no such driver's license may be renewed, unless the14689
person presents a signed statement from a licensed physician that14690
the person's condition either is dormant or is under effective14691
medical control, that the control has been maintained continuously14692
for at least one year prior to the date on which application for14693
the license is made, and that, if continued medication is14694
prescribed to control the condition, the person may be depended14695
upon to take the medication.14696

       The statement shall be made on a form provided by the14697
registrar, shall be in not less than duplicate, and shall contain14698
any other information the registrar considers necessary. The14699
duplicate copy of the statement may be retained by the person14700
requesting the license renewal and, when in the person's immediate14701
possession and used in conjunction with the original license,14702
shall entitle the person to operate a motor vehicle during a14703
period of no more than thirty days following the date of14704
submission of the statement to the registrar, except when the14705
registrar denies the request for the license renewal and so14706
notifies the person.14707

       (D) Whenever the registrar receives a statement indicating14708
that the condition of a person to whom a driver's license has been14709
issued under this section no longer is dormant or under effective14710
medical control, the registrar shall revokecancel the person's14711
driver's license.14712

       (E) Nothing in this section shall require a person14713
submitting a signed statement from a licensed physician to obtain14714
a medical examination prior to the submission of the statement.14715

       (F) Any person whose driver's license has been revoked14716
canceled under this section may apply for a subsequent restricted14717
license according to the provisions of section 4507.08 of the14718
Revised Code.14719

       Sec. 4507.111.  On receipt of a notice pursuant to section 14720
3123.54 of the Revised Code, the registrar of motor vehicles shall14721
comply with sections 3123.52 to 3123.614 of the Revised Code and14722
any applicable rules adopted under section 3123.63 of the Revised14723
Code with respect to aany driver's or commercial license or14724
permit, motorcycle operator's license or endorsement, or temporary14725
instruction permit or commercial driver's temporary instruction14726
permit issued pursuant to this chapterby this state that is the14727
subject of the notice.14728

       Sec. 4507.12.  (A) Except as provided in division (C) of14729
section 4507.10 of the Revised Code, each person applying for the14730
renewal of a driver's license shall submit to a screening of his14731
the person's vision before the license may be renewed. The vision14732
screening shall be conducted at the office of the deputy registrar14733
receiving the application for license renewal.14734

       (B) When the results of a vision screening given under14735
division (A) of this section indicate that the vision of the14736
person examined meets the standards required for licensing, the14737
deputy registrar may renew the person's driver's license at that14738
time.14739

       (C) When the results of a vision screening given under14740
division (A) of this section indicate that the vision of the14741
person screened may not meet the standards required for licensing,14742
the deputy registrar shall not renew the person's driver's license14743
at that time but shall refer the person to a driver's license14744
examiner appointed by the superintendent of the state highway14745
patrol under section 5503.21 of the Revised Code for a further14746
examination of histhe person's vision. When a person referred to14747
a driver's license examiner by a deputy registrar does not meet14748
the vision standards required for licensing, the driver's license14749
examiner shall retain the person's operator's or chauffeur's14750
license and shall immediately notify the registrar of motor14751
vehicles of that fact. No driver's license shall be issued to any14752
such person, until the person's vision is corrected to meet the14753
standards required for licensing and the person passes the vision14754
screening required by this section. Any person who operates a14755
motor vehicle on a highway, or on any public or private property14756
used by the public for purposes of vehicular travel or parking,14757
during the time histhe person's driver's license is held by a14758
driver's license examiner under this division, shall be deemed to14759
be operating a motor vehicle in violation of division (A) of14760
section 4507.024510.12 of the Revised Code.14761

       (D) The registrar shall adopt rules and shall provide any14762
forms necessary to properly conduct vision screenings at the14763
office of a deputy registrar.14764

       (E) No person conducting vision screenings under this14765
section shall be personally liable for damages for injury or loss14766
to persons or property and for death caused by the operation of a14767
motor vehicle by any person whose driver's license was renewed by14768
the deputy registrar under division (B) of this section.14769

       Sec. 4507.13.  (A) The registrar of motor vehicles shall14770
issue a driver's license to every person licensed as an operator14771
of motor vehicles other than commercial motor vehicles. No person14772
licensed as a commercial motor vehicle driver under Chapter 4506.14773
of the Revised Code need procure a driver's license, but no person14774
shall drive any commercial motor vehicle unless licensed as a14775
commercial motor vehicle driver.14776

       Every driver's license shall display on it the distinguishing14777
number assigned to the licensee and shall display the licensee's14778
name, date of birth, and, except as otherwise provided in this14779
section, the licensee's social security number if such number has14780
been assigned; the licensee's residence address and county of14781
residence; a color photograph of the licensee; a brief description14782
of the licensee for the purpose of identification; a facsimile of14783
the signature of the licensee as it appears on the application for14784
the license; a space marked "blood type" in which a licensee may14785
specify the licensee's blood type; a notation, in a manner14786
prescribed by the registrar, indicating any condition described in14787
division (D)(3) of section 4507.08 of the Revised Code to which14788
the licensee is subject; if the licensee has executed a durable14789
power of attorney for health care or a declaration governing the14790
use or continuation, or the withholding or withdrawal, of14791
life-sustaining treatment and has specified that the licensee14792
wishes the license to indicate that the licensee has executed14793
either type of instrument, any symbol chosen by the registrar to14794
indicate that the licensee has executed either type of instrument;14795
and any additional information that the registrar requires by14796
rule. A license shall display the licensee's social security14797
number unless the licensee specifically requests that the14798
licensee's social security number not be displayed on the license. 14799
If federal law requires the licensee's social security number to14800
be displayed on the license, the social security number shall be14801
displayed on the license notwithstanding a request to not display14802
the number pursuant to this section.14803

       The driver's license for licensees under twenty-one years of14804
age shall have characteristics prescribed by the registrar14805
distinguishing it from that issued to a licensee who is twenty-one14806
years of age or older, except that a driver's license issued to a14807
person who applies no more than thirty days before the applicant's14808
twenty-first birthday shall have the characteristics of a license14809
issued to a person who is twenty-one years of age or older.14810

       The driver's license issued to a temporary resident shall14811
contain the word "nonrenewable" and shall have any additional14812
characteristics prescribed by the registrar distinguishing it from14813
a license issued to a resident.14814

       Every driver's or commercial driver's license displaying a14815
motorcycle operator's endorsement and every restricted license to14816
operate a motor vehicle also shall display the designation14817
"novice," if the endorsement or license is issued to a person who14818
is eighteen years of age or older and previously has not been14819
licensed to operate a motorcycle by this state or another14820
jurisdiction recognized by this state. The "novice" designation14821
shall be effective for one year after the date of issuance of the14822
motorcycle operator's endorsement or license.14823

       Each license issued under this section shall be of such14824
material and so designed as to prevent its reproduction or14825
alteration without ready detection and, to this end, shall be14826
laminated with a transparent plastic material.14827

       (B) Except in regard to a driver's license issued to a14828
person who applies no more than thirty days before the applicant's14829
twenty-first birthday, neither the registrar nor any deputy14830
registrar shall issue a driver's license to anyone under14831
twenty-one years of age that does not have the characteristics14832
prescribed by the registrar distinguishing it from the driver's14833
license issued to persons who are twenty-one years of age or14834
older.14835

       (C)Whoever violates division (B) of this section is guilty14836
of a minor misdemeanor.14837

       Sec. 4507.14.  The registrar of motor vehicles upon issuing a14838
driver's license, a motorcycle operator's endorsement, a driver's14839
license renewal, or the renewal of any other license issued under14840
this chapter, whenever good cause appears, may impose restrictions14841
suitable to the licensee's driving ability with respect to the14842
type of or special mechanical control devices required on a motor14843
vehicle whichthat the licensee may operate, or suchany other14844
restrictions applicable to the licensee asthat the registrar14845
determines to be necessary.14846

       When issuing a license to a person with impaired hearing, the14847
registrar shall require that a motor vehicle operated by the14848
person be equipped with two outside rear vision mirrors, one on14849
the left side and the other on the right side.14850

       The registrar either may issue a special restricted license14851
or may set forth suchany restrictions applicable to the license14852
upon the usual license form.14853

       The registrar, upon receiving satisfactory evidence of any14854
violation of the restrictions of suchany license, after an14855
opportunity for a hearing in accordance with Chapter 119. of the14856
Revised Code, may suspend the license for a period of six months14857
impose upon the offender a class D suspension of the license from14858
the range specified in division (B)(4) of section 4510.02 of the14859
Revised Code.14860

       Sec. 4507.15.  For the purpose of enforcing sections 4507.0114861
to 4507.39, inclusive,this chapter and Chapter4510. of the14862
Revised Code, any court of record having criminal jurisdiction14863
shall have county-wide jurisdiction within the county in which it14864
is located to hear and finally determine cases arising under such14865
sectionsthis chapter and Chapter 4510. of the Revised Code. Such14866
actionsAn action arising under this section shall be commenced by14867
the filing of an affidavit, and the right of trial by jury is14868
preserved, but indictments are not required in misdemeanor cases14869
arising under such sectionsthis chapter and Chapter 4510. of the14870
Revised Code. The registrar shall prepare and furnish blanks for14871
the use of saidthe court in making reports of said convictions14872
and bond forfeitures arising under this chapter and Chapter 4510.14873
of the Revised Code.14874

       Sec. 4507.16. (A)(1) The trial judge of any court of14875
record, in addition to or independent of all other penalties14876
provided by law or by ordinance, shall suspend for not less than14877
thirty days or more than three years or shall revoke the driver's14878
or commercial driver's license or permit or nonresident operating14879
privilege of any person who is convicted of or pleads guilty to14880
any of the following:14881

       (a) Perjury or the making of a false affidavit under this14882
chapter, or any other law of this state requiring the registration14883
of motor vehicles or regulating their operation on the highway;14884

       (b) Any crime punishable as a felony under the motor vehicle14885
laws of this state or any other felony in the commission of which14886
a motor vehicle is used;14887

       (c) Failing to stop and disclose identity at the scene of14888
the accident when required by law or ordinance to do so;14889

       (d) Street racing as defined in section 4511.251 of the14890
Revised Code or any substantially similar municipal ordinance;14891

       (e) Willfully eluding or fleeing a police officer;14892

       (f) Trafficking in cigarettes with the intent to avoid14893
payment of the cigarette tax under division (A) of section14894
5743.112 of the Revised Code;14895

       (2) Subject to division (D)(1) of this section, the trial14896
judge of any court of record, in addition to or independent of all14897
other penalties provided by law or by ordinance, shall suspend the14898
driver's or commercial driver's license or permit or nonresident14899
operating privilege of any person who is convicted of or pleads14900
guilty to a violation of section 2903.06 or 2903.08 of the Revised14901
Code. The suspension shall be for the period of time specified in14902
section 2903.06 or 2903.08 of the Revised Code, whichever is14903
applicable.14904

       (3) If a person is convicted of or pleads guilty to a14905
violation of section 2907.24 of the Revised Code, an attempt to14906
commit a violation of that section, or a violation of or an14907
attempt to commit a violation of a municipal ordinance that is14908
substantially equivalent to that section and if the person, in14909
committing or attempting to commit the violation, was in, was on,14910
or used a motor vehicle, the trial judge of a court of record, in14911
addition to or independent of all other penalties provided by law14912
or ordinance, shall suspend for thirty days the person's driver's14913
or commercial driver's license or permit.14914

       The trial judge of any court of record, in addition to14915
suspensions or revocations of licenses, permits, or privileges14916
pursuant to this division and in addition to or independent of all14917
other penalties provided by law or by ordinance, shall impose a14918
suspended jail sentence not to exceed six months, if imprisonment14919
was not imposed for the offense for which the person was14920
convicted.14921

       (4) If the trial judge of any court of record suspends or14922
revokes the driver's or commercial driver's license or permit or14923
nonresident operating privilege of a person who is convicted of or14924
pleads guilty to any offense for which sucha suspension or14925
revocationof that type is provided by law or ordinance, in14926
addition to all other penalties provided by law or ordinance, the14927
judge may issue an order prohibiting the offender from14928
registering, renewing, or transferring the registration of any14929
vehicle during the period that the offender's license, permit, or14930
privilege is suspended or revoked. The court promptly shall send14931
a copy of the order to the registrar of motor vehicles.14932

       Upon receipt of such anthe order from the court, neither the14933
registrar nor any deputy registrar shall accept any application14934
for the registration, registration renewal, or transfer of14935
registration of any motor vehicle owned or leased by the person14936
named in the order during the period that the person's license,14937
permit, or privilege is suspended or revoked, unless the registrar14938
is properly notified by the court that the order of suspension or14939
revocation has been canceled. When the period of suspension or14940
revocation expires or the order is canceled, the registrar or14941
deputy registrar shall accept the application for registration,14942
registration renewal, or transfer of registration of the person14943
named in the order.14944

       (B) Except as otherwise provided in this section, the trial14945
judge of any court of record and the mayor of a mayor's court, in14946
addition to or independent of all other penalties provided by law14947
or by ordinance, shall revoke the driver's or commercial driver's14948
license or permit or nonresident operating privilege of any person14949
who is convicted of or pleads guilty to a violation of division14950
(A) of section 4511.19 of the Revised Code, of a municipal14951
ordinance relating to operating a vehicle while under the14952
influence of alcohol, a drug of abuse, or alcohol and a drug of14953
abuse, or of a municipal ordinance that is substantially14954
equivalent to division (A) of section 4511.19 of the Revised Code14955
relating to operating a vehicle with a prohibited concentration of14956
alcohol in the blood, breath, or urine or suspend the license,14957
permit, or privilege as follows:14958

       (1) Except when division (B)(2), (3), or (4) of this section14959
applies and the judge or mayor is required to suspend or revoke14960
the offender's license or permit pursuant to that division, the14961
judge or mayor shall suspend the offender's driver's or commercial14962
driver's license or permit or nonresident operating privilege for14963
not less than six months nor more than three years.14964

       (2) Subject to division (B)(4) of this section, if, within14965
six years of the offense, the offender has been convicted of or14966
pleaded guilty to one violation of division (A) or (B) of section14967
4511.19 of the Revised Code, a municipal ordinance relating to14968
operating a vehicle while under the influence of alcohol, a drug14969
of abuse, or alcohol and a drug of abuse, a municipal ordinance14970
relating to operating a motor vehicle with a prohibited14971
concentration of alcohol in the blood, breath, or urine, section14972
2903.04 of the Revised Code in a case in which the offender was14973
subject to the sanctions described in division (D) of that14974
section, section 2903.06 or 2903.08 of the Revised Code, former14975
section 2903.07 of the Revised Code, or a municipal ordinance that14976
is substantially similar to former section 2903.07 of the Revised14977
Code in a case in which the jury or judge found that the offender14978
was under the influence of alcohol, a drug of abuse, or alcohol14979
and a drug of abuse, or a statute of the United States or of any14980
other state or a municipal ordinance of a municipal corporation14981
located in any other state that is substantially similar to14982
division (A) or (B) of section 4511.19 of the Revised Code, the14983
judge shall suspend the offender's driver's or commercial driver's14984
license or permit or nonresident operating privilege for not less14985
than one year nor more than five years.14986

       (3) Subject to division (B)(4) of this section, if, within14987
six years of the offense, the offender has been convicted of or14988
pleaded guilty to two violations described in division (B)(2) of14989
this section, or a statute of the United States or of any other14990
state or a municipal ordinance of a municipal corporation located14991
in any other state that is substantially similar to division (A)14992
or (B) of section 4511.19 of the Revised Code, the judge shall14993
suspend the offender's driver's or commercial driver's license or14994
permit or nonresident operating privilege for not less than one14995
year nor more than ten years.14996

       (4) If, within six years of the offense, the offender has14997
been convicted of or pleaded guilty to three or more violations14998
described in division (B)(2) of this section, a statute of the14999
United States or of any other state or a municipal ordinance of a15000
municipal corporation located in any other state that is15001
substantially similar to division (A) or (B) of section 4511.19 of15002
the Revised Code, or if the offender previously has been convicted15003
of or pleaded guilty to a violation of division (A) of section15004
4511.19 of the Revised Code under circumstances in which the15005
violation was a felony and regardless of when the violation and15006
the conviction or guilty plea occurred, the judge shall suspend15007
the offender's driver's or commercial driver's license or permit15008
or nonresident operating privilege for a period of time set by the15009
court but not less than three years, and the judge may permanently15010
revoke the offender's driver's or commercial driver's license or15011
permit or nonresident operating privilege.15012

       (5) The filing of an appeal by a person whose driver's or15013
commercial driver's license is suspended or revoked under division15014
(B)(1), (2), (3), or (4) of this section regarding any aspect of15015
the person's trial or sentence does not stay the operation of the15016
suspension or revocation.15017

       (C) The trial judge of any court of record or the mayor of a15018
mayor's court, in addition to or independent of all other15019
penalties provided by law or by ordinance, may suspend the15020
driver's or commercial driver's license or permit or nonresident15021
operating privilege of any person who violates a requirement or15022
prohibition of the court imposed under division (F) of this15023
section or division (G)(1) of section 2951.02 of the Revised Code15024
as follows:15025

       (1) For not more than one year, upon conviction for a first15026
violation of the requirement or prohibition;15027

       (2) For not more than five years, upon conviction for a15028
second or subsequent violation of the requirement or prohibition15029
during the same period of required use of an ignition interlock15030
device that is certified pursuant to section 4511.83 of the15031
Revised Code.15032

       (D)(1) The trial judge of any court of record, in addition15033
to or independent of all other penalties provided by law or by15034
ordinance, shall permanently revoke the driver's or commercial15035
driver's license or permit or nonresident operating privilege of15036
any person who is convicted of or pleads guilty to a violation of15037
section 2903.04 or 2903.06 of the Revised Code in a case in which15038
division (D) of section 2903.04 or division (B) of section 2903.0615039
of the Revised Code requires the judge to permanently revoke the15040
license, permit, or privilege.15041

       (2) In addition to any prison term authorized or required by15042
the section that establishes the offense and sections 2929.13 and15043
2929.14 of the Revised Code, and in addition to any other sanction15044
imposed for the offense under the section that establishes the15045
offense or sections 2929.11 to 2929.182 of the Revised Code, the15046
court that sentences an offender who is convicted of or pleads15047
guilty to a violation of section 2925.02, 2925.03, 2925.04,15048
2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22,15049
2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code15050
either shall revoke or, if it does not revoke, shall suspend for15051
not less than six months or more than five years, as specified in15052
the section that establishes the offense, the person's driver's or15053
commercial driver's license or permit. If the person's driver's15054
or commercial driver's license or permit is under suspension on15055
the date the court imposes sentence upon the person, any15056
revocation imposed upon the person that is referred to in division15057
(D)(2) of this section shall take effect immediately. If the15058
person's driver's or commercial driver's license or permit is15059
under suspension on the date the court imposes sentence upon the15060
person, any period of suspension imposed upon the person that is15061
referred to in division (D)(2) of this section shall take effect15062
on the next day immediately following the end of that period of15063
suspension. If the person is sixteen years of age or older and is15064
a resident of this state but does not have a current, valid Ohio15065
driver's or commercial driver's license or permit, the court shall15066
order the registrar to deny to the person the issuance of a15067
driver's or commercial driver's license or permit for six months15068
beginning on the date the court imposes a sentence upon the15069
person. If the person has not attained the age of sixteen years15070
on the date the court sentences the person for the violation, the15071
period of denial shall commence on the date the person attains the15072
age of sixteen years.15073

       (E) Except as otherwise provided in this section, the trial15074
judge of any court of record and the mayor of a mayor's court, in15075
addition to or independent of all other penalties provided by law15076
or ordinance, shall suspend for not less than sixty days nor more15077
than two years the driver's or commercial driver's license or15078
permit or nonresident operating privilege of any person who is15079
convicted of or pleads guilty to a violation of division (B) of15080
section 4511.19 of the Revised Code or of a municipal ordinance15081
substantially equivalent to that division relating to operating a15082
vehicle with a prohibited concentration of alcohol in the blood,15083
breath, or urine.15084

       (F)(1) A person is not entitled to request, and a judge or15085
mayor shall not grant to the person, occupational driving15086
privileges under division (F) of this section if a person's15087
driver's or commercial driver's license or permit or nonresident15088
operating privilege has been suspended pursuant to division (B) or15089
(C) of this section or pursuant to division (F) of section15090
4511.191 of the Revised Code, and the person, within the preceding15091
seven years, has been convicted of or pleaded guilty to three or15092
more violations of one or more of the following:15093

       (a) Division (A) or (B) of section 4511.19 of the Revised15094
Code;15095

       (b) A municipal ordinance relating to operating a vehicle15096
while under the influence of alcohol, a drug of abuse, or alcohol15097
and a drug of abuse;15098

       (c) A municipal ordinance relating to operating a vehicle15099
with a prohibited concentration of alcohol in the blood, breath,15100
or urine;15101

       (d) Section 2903.04 of the Revised Code in a case in which15102
the person was subject to the sanctions described in division (D)15103
of that section;15104

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of15105
section 2903.08 of the Revised Code or a municipal ordinance that15106
is substantially similar to either of those divisions;15107

       (f) Division (A)(2), (3), or (4) of section 2903.06,15108
division (A)(2) of section 2903.08, or former section 2903.07 of15109
the Revised Code, or a municipal ordinance that is substantially15110
similar to any of those divisions or that former section, in a15111
case in which the jury or judge found that the person was under15112
the influence of alcohol, a drug of abuse, or alcohol and a drug15113
of abuse;15114

       (g) A statute of the United States or of any other state or15115
a municipal ordinance of a municipal corporation located in any15116
other state that is substantially similar to division (A) or (B)15117
of section 4511.19 of the Revised Code.15118

       (2) Any other person who is not described in division (F)(1)15119
of this section and whose driver's or commercial driver's license15120
or nonresident operating privilege has been suspended under any of15121
those divisions may file a petition that alleges that the15122
suspension would seriously affect the person's ability to continue15123
the person's employment. The petition of a person whose license,15124
permit, or privilege was suspended pursuant to division (F) of15125
section 4511.191 of the Revised Code shall be filed in the court15126
specified in division (I)(4) of that section, and the petition of15127
a person whose license, permit, or privilege was suspended under15128
division (B) or (C) of this section shall be filed in the15129
municipal, county, mayor's, or in the case of a minor, juvenile15130
court that has jurisdiction over the place of arrest. Upon15131
satisfactory proof that there is reasonable cause to believe that15132
the suspension would seriously affect the person's ability to15133
continue the person's employment, the judge of the court or mayor15134
of the mayor's court may grant the person occupational driving15135
privileges during the period during which the suspension otherwise15136
would be imposed, except that the judge or mayor shall not grant15137
occupational driving privileges for employment as a driver of15138
commercial motor vehicles to any person who is disqualified from15139
operating a commercial motor vehicle under section 3123.611 or15140
4506.16 of the Revised Code or whose commercial driver's license15141
or commercial driver's temporary intruction permit has been15142
suspended under section 3123.58 of the Revised Code, and shall not15143
grant occupational driving privileges during any of the following15144
periods of time:15145

       (a) The first fifteen days of suspension imposed upon an15146
offender whose license, permit, or privilege is suspended pursuant15147
to division (B)(1) of this section or division (F)(1) of section15148
4511.191 of the Revised Code. On or after the sixteenth day of15149
suspension, the court may grant the offender occupational driving15150
privileges, but the court may provide that the offender shall not15151
exercise the occupational driving privileges unless the vehicles15152
the offender operates are equipped with ignition interlock15153
devices.15154

       (b) The first thirty days of suspension imposed upon an15155
offender whose license, permit, or privilege is suspended pursuant15156
to division (B)(2) of this section or division (F)(2) of section15157
4511.191 of the Revised Code. On or after the thirty-first day of15158
suspension, the court may grant the offender occupational driving15159
privileges, but the court may provide that the offender shall not15160
exercise the occupational driving privileges unless the vehicles15161
the offender operates are equipped with ignition interlock15162
devices.15163

       (c) The first one hundred eighty days of suspension imposed15164
upon an offender whose license, permit, or privilege is suspended15165
pursuant to division (B)(3) of this section or division (F)(3) of15166
section 4511.191 of the Revised Code. The judge may grant15167
occupational driving privileges to an offender who receives a15168
suspension under either of those divisions on or after the one15169
hundred eighty-first day of the suspension only if division (F) of15170
this section does not prohibit the judge from granting the15171
privileges and only if the judge, at the time of granting the15172
privileges, also issues an order prohibiting the offender, while15173
exercising the occupational driving privileges during the period15174
commencing with the one hundred eighty-first day of suspension and15175
ending with the first year of suspension, from operating any motor15176
vehicle unless it is equipped with a certified ignition interlock15177
device. After the first year of the suspension, the court may15178
authorize the offender to continue exercising the occupational15179
driving privileges in vehicles that are not equipped with ignition15180
interlock devices. If the offender does not petition for15181
occupational driving privileges until after the first year of15182
suspension and if division (F) of this section does not prohibit15183
the judge from granting the privileges, the judge may grant the15184
offender occupational driving privileges without requiring the use15185
of a certified ignition interlock device.15186

       (d) The first three years of suspension imposed upon an15187
offender whose license, permit, or privilege is suspended pursuant15188
to division (B)(4) of this section or division (F)(4) of section15189
4511.191 of the Revised Code. The judge may grant occupational15190
driving privileges to an offender who receives a suspension under15191
either of those divisions after the first three years of15192
suspension only if division (F) of this section does not prohibit15193
the judge from granting the privileges and only if the judge, at15194
the time of granting the privileges, also issues an order15195
prohibiting the offender from operating any motor vehicle, for the15196
period of suspension following the first three years of15197
suspension, unless the motor vehicle is equipped with a certified15198
ignition interlock device.15199

       (G) If a person's driver's or commercial driver's license or15200
permit or nonresident operating privilege has been suspended under15201
division (E) of this section, and the person, within the preceding15202
seven years, has been convicted of or pleaded guilty to three or15203
more violations identified in division (F)(1) of this section, the15204
person is not entitled to request, and the judge or mayor shall15205
not grant to the person, occupational driving privileges under15206
this division. Any other person whose driver's or commercial15207
driver's license or nonresident operating privilege has been15208
suspended under division (E) of this section may file a petition15209
that alleges that the suspension would seriously affect the15210
person's ability to continue the person's employment. The15211
petition shall be filed in the municipal, county, or mayor's court15212
that has jurisdiction over the place of arrest. Upon satisfactory15213
proof that there is reasonable cause to believe that the15214
suspension would seriously affect the person's ability to continue15215
the person's employment, the judge of the court or mayor of the15216
mayor's court may grant the person occupational driving privileges15217
during the period during which the suspension otherwise would be15218
imposed, except that the judge or mayor shall not grant15219
occupational driving privileges for employment as a driver of15220
commercial motor vehicles to any person who is disqualified from15221
operating a commercial motor vehicle under section 4506.16 of the15222
Revised Code, and shall not grant occupational driving privileges15223
during the first sixty days of suspension imposed upon an offender15224
whose driver's or commercial driver's license or permit or15225
nonresident operating privilege is suspended pursuant to division15226
(E) of this section.15227

       (H)(1) After a driver's or commercial driver's license or15228
permit has been suspended or revoked pursuant to this section, the15229
judge of the court or mayor of the mayor's court that suspended or15230
revoked the license or permit shall cause the offender to deliver15231
the license or permit to the court. The judge, mayor, or clerk of15232
the court or mayor's court, if the license or permit has been15233
suspended or revoked in connection with any of the offenses listed15234
in this section, forthwith shall forward it to the registrar with15235
notice of the action of the court.15236

       (2) Suspension of a commercial driver's license under this15237
section shall be concurrent with any period of disqualification15238
under section 3123.611 or 4506.16 of the Revised Code or any15239
period of suspension under section 3123.58 of the Revised Code. No15240
person who is disqualified for life from holding a commercial15241
driver's license under section 4506.16 of the Revised Code shall15242
be issued a driver's license under this chapter during the period15243
for which the commercial driver's license was suspended under this15244
section, and no person whose commercial driver's license is15245
suspended under this section shall be issued a driver's license15246
under this chapter during the period of the suspension.15247

       (I) No judge shall suspend the first thirty days of15248
suspension of a driver's or commercial driver's license or permit15249
or a nonresident operating privilege required under division (A)15250
of this section, no judge or mayor shall suspend the first six15251
months of suspension required under division (B)(1) of this15252
section, no judge shall suspend the first year of suspension15253
required under division (B)(2) of this section, no judge shall15254
suspend the first year of suspension required under division15255
(B)(3) of this section, no judge shall suspend the first three15256
years of suspension required under division (B)(4) of this15257
section, no judge or mayor shall suspend the revocation required15258
by division (D) of this section, and no judge or mayor shall15259
suspend the first sixty days of suspension required under division15260
(E) of this section, except that the court shall credit any period15261
of suspension imposed pursuant to section 4511.191 or 4511.196 of15262
the Revised Code against any time of suspension imposed pursuant15263
to division (B) or (E) of this section as described in division15264
(J) of this section.15265

       (J) The judge of the court or mayor of the mayor's court15266
shall credit any time during which an offender was subject to an15267
administrative suspension of the offender's driver's or commercial15268
driver's license or permit or nonresident operating privilege15269
imposed pursuant to division (E) or (F) of section 4511.191 or a15270
suspension imposed by a judge, referee, or mayor pursuant to15271
division (B)(1) or (2) of section 4511.196 of the Revised Code15272
against the time to be served under a related suspension imposed15273
pursuant to this section.15274

       (K) The judge or mayor shall notify the bureau of any15275
determinations made, and of any suspensions or revocations15276
imposed, pursuant to division (B) of this section.15277

       (L)(1) If a court issues an ignition interlock order under15278
division (F) of this section, the order shall authorize the15279
offender during the specified period to operate a motor vehicle15280
only if it is equipped with a certified ignition interlock device.15281
The court shall provide the offender with a copy of an ignition15282
interlock order issued under division (F) of this section, and the15283
copy of the order shall be used by the offender in lieu of an Ohio15284
driver's or commercial driver's license or permit until the15285
registrar or a deputy registrar issues the offender a restricted15286
license.15287

       An order issued under division (F) of this section does not15288
authorize or permit the offender to whom it has been issued to15289
operate a vehicle during any time that the offender's driver's or15290
commercial driver's license or permit is suspended or revoked15291
under any other provision of law.15292

       (2) The offender may present the ignition interlock order to15293
the registrar or to a deputy registrar. Upon presentation of the15294
order to the registrar or a deputy registrar, the registrar or15295
deputy registrar shall issue the offender a restricted license. A15296
restricted license issued under this division shall be identical15297
to an Ohio driver's license, except that it shall have printed on15298
its face a statement that the offender is prohibited during the15299
period specified in the court order from operating any motor15300
vehicle that is not equipped with a certified ignition interlock15301
device, and except that the date of commencement and the date of15302
termination of the period shall be indicated conspicuously upon15303
the face of the license.15304

       (3) As used in this section:15305

       (a) "Ignition interlock device" has the same meaning as in15306
section 4511.83 of the Revised Code.15307

       (b) "Certified ignition interlock device" means an ignition15308
interlock device that is certified pursuant to section 4511.83 of15309
the Revised Code.15310

       Sec. 4507.164.  (A) Except as provided in divisions (C) to15311
(E) of this section, when the license of any person is suspended15312
or revoked pursuant to any provision of the Revised Code other15313
than division (B)(G) of section 4507.164511.19 of the Revised15314
Code and other than section 4510.07 of the Revised Code for a15315
violation of a municipal OVI ordinance, the trial judge may15316
impound the identification license plates of any motor vehicle15317
registered in the name of the person.15318

       (B)(1) When the license of any person is suspended or15319
revoked pursuant to division (B)(1)(G)(1)(a) of section 4507.1615320
4511.19 of the Revised Code, or pursuant to section 4510.07 of the15321
Revised Code for a municipal OVI offense when the suspension is15322
equivalent in length to the suspension under division (G) of15323
section 4511.19 of the Revised Code that is specified in this15324
division, the trial judge of the court of record or the mayor of15325
the mayor's court that suspended or revoked the license may15326
impound the identification license plates of any motor vehicle15327
registered in the name of the person.15328

       (2) When the license of any person is suspended or revoked15329
pursuant to division (B)(2)(G)(1)(b) of section 4507.164511.19 of15330
the Revised Code, or pursuant to section 4510.07 of the Revised15331
Code for a municipal OVI offense when the suspension is equivalent15332
in length to the suspension under division (G) of section 4511.1915333
of the Revised Code that is specified in this division, the trial15334
judge of the court of record that suspended or revoked the license15335
shall order the impoundment of the identification license plates15336
of the motor vehicle the offender was operating at the time of the15337
offense and the immobilization of that vehicle in accordance with15338
section 4503.233 and division (A)(2),, (6), or (7)(G)(1)(b) of15339
section 4511.994511.19 or division (B)(2)(i) or (ii)(a) of15340
section 4511.193 of the Revised Code and may impound the15341
identification license plates of any other motor vehicle15342
registered in the name of the person whose license is suspended or15343
revoked.15344

       (3) When the license of any person is suspended or revoked15345
pursuant to division (B)(3)(G)(1)(c), (d), or (4)(e) of section15346
4507.164511.19 of the Revised Code, or pursuant to section15347
4510.07 of the Revised Code for a municipal OVI offense when the15348
suspension is equivalent in length to the suspension under15349
division (G) of section 4511.19 of the Revised Code that is15350
specified in this division, the trial judge of the court of record15351
that suspended or revoked the license shall order the criminal15352
forfeiture to the state of the motor vehicle the offender was15353
operating at the time of the offense in accordance with section15354
4503.234 and division (A)(3) or (4)(G)(1)(c), (d), or (8)(e) of15355
section 4511.994511.19 or division (B)(2)(b)(iii) of section15356
4511.193 of the Revised Code and may impound the identification15357
license plates of any other motor vehicle registered in the name15358
of the person whose license is suspended or revoked.15359

       (C)(1) When a person is convicted of or pleads guilty to a15360
violation of division (D)(2) of section 4507.024510.14 of the15361
Revised Code or a substantially equivalent municipal ordinance and15362
division (B)(1) or (2) of section 4507.994510.14 or division15363
(C)(1) or (2) of section 4507.364510.161 of the Revised Code15364
applies, the trial judge of the court of record or the mayor of15365
the mayor's court that imposes sentence shall order the15366
immobilization of the vehicle the person was operating at the time15367
of the offense and the impoundment of its identification license15368
plates in accordance with section 4503.233 and division (B)(1) or15369
(2) of section 4507.994510.14 or division (C)(1) or (2) of15370
section 4507.3614510.161 of the Revised Code and may impound the15371
identification license plates of any other vehicle registered in15372
the name of that person.15373

       (2) When a person is convicted of or pleads guilty to a15374
violation of division (D)(2) of section 4507.024510.14 of the15375
Revised Code or a substantially equivalent municipal ordinance and15376
division (B)(3) of section 4507.994510.14 or division (C)(3) of15377
section 4507.3614510.161 of the Revised Code applies, the trial15378
judge of the court of record that imposes sentence shall order the15379
criminal forfeiture to the state of the vehicle the person was15380
operating at the time of the offense in accordance with section15381
4503.234 and division (B)(3) of section 4507.994510.14 or15382
division (C)(3) of section 4507.3614510.161 of the Revised Code15383
and may impound the identification license plates of any other15384
vehicle registered in the name of that person.15385

       (D)(1) When a person is convicted of or pleads guilty to a15386
violation of division (B)(1)(A) of section 4507.024510.16 of the15387
Revised Code or a substantially equivalent municipal ordinance and15388
division (C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or15389
division (B)(1) or (2) of section 4507.3614510.161 of the Revised15390
Code applies, the trial judge of the court of record or the mayor15391
of the mayor's court that imposes sentence shall order the15392
immobilization of the vehicle the person was operating at the time15393
of the offense and the impoundment of its identification license15394
plates in accordance with section 4503.233 and division15395
(C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or division15396
(B)(1) or (2) of section 4507.3614510.161 of the Revised Code and15397
may impound the identification license plates of any other vehicle15398
registered in the name of that person.15399

       (2) When a person is convicted of or pleads guilty to a15400
violation of division (B)(1)(A) of section 4507.024510.16 of the15401
Revised Code or a substantially equivalent municipal ordinance and15402
division (C)(3)(B)(4) of section 4507.994510.16 or division15403
(B)(3) of section 4507.3614510.161 of the Revised Code applies,15404
the trial judge of the court of record that imposes sentence shall15405
order the criminal forfeiture to the state of the vehicle the15406
person was operating at the time of the offense in accordance with15407
section 4503.234 and division (C)(3)(B)(4) of section 4507.9915408
4510.16 or division (B)(3) of section 4507.3614510.161 of the15409
Revised Code and may impound the identification license plates of15410
any other vehicle registered in the name of that person.15411

       (E)(1) When a person is convicted of or pleads guilty to a15412
violation of section 4507.334511.203 of the Revised Code and the15413
person is sentenced pursuant to division (E)(C)(1) or(2) of15414
section 4507.994511.203 of the Revised Code, the trial judge of15415
the court of record or the mayor of the mayor's court that imposes15416
sentence shall order the immobilization of the vehicle that was15417
involved in the commission of the offense and the impoundment of15418
its identification license plates in accordance with division15419
(E)(C)(1) or(2) of section 4507.994511.203 and section 4503.23315420
of the Revised Code and may impound the identification license15421
plates of any other vehicle registered in the name of that person.15422

       (2) When a person is convicted of or pleads guilty to a15423
violation of section 4507.334511.203 of the Revised Code and the15424
person is sentenced pursuant to division (E)(2)(C)(3) of section15425
4507.994511.203 of the Revised Code, the trial judge of the court15426
of record or the mayor of the mayor's court that imposes sentence15427
shall order the criminal forfeiture to the state of the vehicle15428
that was involved in the commission of the offense in accordance15429
with division (E)(2)(C)(3) of section 4507.994511.203 and section15430
4503.234 of the Revised Code and may impound the identification15431
license plates of any other vehicle registered in the name of that15432
person.15433

       (F) Except as provided in section 4503.233 or 4503.234 of15434
the Revised Code, when the certificate of registration, the15435
identification license plates, or both have been impounded,15436
division (F)(B) of section 4507.02 of the Revised Code is15437
applicable.15438

       (G)As used in this section, "municipal OVI offense" has the15439
same meaning as in section 4511.181 of the Revised Code.15440

       Sec. 4507.17.  Any person whose license is suspended or15441
revoked under sections 4507.01 to 4507.39, inclusive, of the15442
Revised Code,canceled is not entitled to apply for or receive a15443
new license during the effective dates of suchthe suspension or15444
revocationcancellation.15445

       Sec. 4507.19.  The registrar of motor vehicles may suspend or15446
cancel any driver's license upon determination that such license15447
was obtained unlawfully, was issued in error, or has been altered15448
or willfully destroyed.15449

       Sec. 4507.20.  The registrar of motor vehicles, upon15450
determination that any person has more than seven points charged15451
against him under section 4507.021 of the Revised Code, and is not15452
subject to the provisions of section 4507.022 of the Revised Code,15453
or, havingwhen the registrar has good cause to believe that the15454
holder of a driver's or commercial driver's license is incompetent15455
or otherwise not qualified to be licensed, shall upon written15456
notice of at least fivethirty days sent to the licensee's last15457
known address, require himthe licensee to submit to a driver's15458
license examination or, a physical examination, or both, or a15459
commercial driver's license examination. Upon the conclusion of15460
the examination, the registrar may suspend or revoke the license15461
of the person, or may permit himthe licensee to retain the15462
license, or may issue himthe licensee a restricted license.15463
Refusal or neglect of the licensee to submit to the examination is15464
ground for suspension or revocation of histhe licensee's license.15465

       Sec. 4507.21.  (A) Each applicant for a driver's license15466
shall file an application in the office of the registrar of motor15467
vehicles or of a deputy registrar.15468

       (B)(1) Each person under eighteen years of age applying for15469
a driver's license issued in this state shall present satisfactory15470
evidence of having successfully completed any one of the15471
following:15472

       (a) A driver education course approved by the state15473
department of education.15474

       (b) A driver training course approved by the director of15475
public safety.15476

       (c) A driver training course comparable to a driver15477
education or driver training course described in division15478
(B)(1)(a) or (b) of this section and administered by a branch of15479
the armed forces of the United States and completed by the15480
applicant while residing outside this state for the purpose of15481
being with or near any person serving in the armed forces of the15482
United States.15483

       (2) Each person under eighteen years of age applying for a15484
driver's license also shall present, on a form prescribed by the15485
registrar, an affidavit signed by an eligible adult attesting that15486
the person has acquired at least fifty hours of actual driving15487
experience, with at least ten of those hours being at night.15488

       (C) If the registrar or deputy registrar determines that the15489
applicant is entitled to the driver's license, it shall be issued.15490
If the application shows that the applicant's license has been15491
previously revokedcanceled or suspended, the deputy registrar15492
shall forward the application to the registrar, who shall15493
determine whether the license shall be granted.15494

       (D) All applications shall be filed in duplicate, and the15495
deputy registrar issuing the license shall immediately forward to15496
the office of the registrar the original copy of the application,15497
together with the duplicate copy of the certificate, if issued.15498
The registrar shall prescribe rules as to the manner in which the15499
deputy registrar files and maintains the applications and other15500
records. The registrar shall file every application for a15501
driver's or commercial driver's license and index them by name and15502
number, and shall maintain a suitable record of all licenses15503
issued, all convictions and bond forfeitures, all applications for15504
licenses denied, and all licenses whichthat have been suspended15505
or revokedcanceled.15506

       (E) For purposes of section 2313.06 of the Revised Code, the15507
registrar shall maintain accurate and current lists of the15508
residents of each county who are eighteen years of age or older,15509
have been issued, on and after January 1, 1984, driver's or15510
commercial driver's licenses that are valid and current, and would15511
be electors if they were registered to vote, regardless of whether15512
they actually are registered to vote. The lists shall contain the15513
names, addresses, dates of birth, duration of residence in this15514
state, citizenship status, and social security numbers, if the15515
numbers are available, of the licensees, and may contain any other15516
information that the registrar considers suitable.15517

       (F) Each person under eighteen years of age applying for a15518
motorcycle operator's endorsement or a restricted license enabling15519
the applicant to operate a motorcycle shall present satisfactory15520
evidence of having completed the courses of instruction in the15521
motorcycle safety and education program described in section15522
4508.08 of the Revised Code or a comparable course of instruction15523
administered by a branch of the armed forces of the United States15524
and completed by the applicant while residing outside this state15525
for the purpose of being with or near any person serving in the15526
armed forces of the United States. If the registrar or deputy15527
registrar then determines that the applicant is entitled to the15528
endorsement or restricted license, it shall be issued.15529

       (G) No person shall knowingly make a false statement in an15530
affidavit presented in accordance with division (B)(2) of this15531
section.15532

       (H) As used in this section, "eligible adult" means any of15533
the following persons:15534

       (1) A parent, guardian, or custodian of the applicant;15535

       (2) A person over the age of twenty-one who acts in loco15536
parentis of the applicant and who maintains proof of financial15537
responsibility with respect to the operation of a motor vehicle15538
owned by the applicant or with respect to the applicant's15539
operation of any motor vehicle.15540

       (I)Whoever violates division (G) of this section is guilty15541
of a minor misdemeanor and shall be fined one hundred dollars.15542

       Sec. 4507.30.  No person shall do any of the following:15543

       (A) Display, or cause or permit to be displayed, or possess15544
any identification card, driver's or commercial driver's license,15545
temporary instruction permit, or commercial driver's license15546
temporary instruction permit knowing the same to be fictitious, or15547
to have been canceled, revoked, suspended, or altered;15548

       (B) Lend to a person not entitled thereto, or knowingly15549
permit hima person not entitled thereto to use any identification15550
card, driver's or commercial driver's license, temporary15551
instruction permit, or commercial driver's license temporary15552
instruction permit issued to the person so lending or permitting15553
the use thereof;15554

       (C) Display, or represent as one's own, any identification15555
card, driver's or commercial driver's license, temporary15556
instruction permit, or commercial driver's license temporary15557
instruction permit not issued to the person so displaying the15558
same;15559

       (D) Fail to surrender to the registrar of motor vehicles,15560
upon histhe registrar's demand, any identification card, driver's15561
or commercial driver's license, temporary instruction permit, or15562
commercial driver's license temporary instruction permit which15563
that has been suspended,or canceled, or revoked;15564

       (E) In any application for an identification card, driver's15565
or commercial driver's license, temporary instruction permit, or15566
commercial driver's license temporary instruction permit, or any15567
renewal or duplicate thereof, knowingly conceal a material fact,15568
or present any physician's statement required under section15569
4507.08 or 4507.081 of the Revised Code when knowing the same to15570
be false or fictitious.15571

       (F)Whoever violates any division of this section is guilty15572
of a misdemeanor of the first degree.15573

       Sec. 4507.31. (A) No person shall cause or knowingly permit15574
any minor under eighteen to drive a motor vehicle upon a highway15575
as an operator, unless suchthe minor has first obtained a license15576
or permit to drive a motor vehicle under sections 4507.01 to15577
4507.39, inclusive, of the Revised Codethis chapter.15578

       (B)Whoever violates this section is guilty of a misdemeanor15579
of the first degree.15580

       Sec. 4507.321. (A) Notwithstanding the definition of15581
"chauffeur" in section 4501.01 of the Revised Code, no person15582
shall employ,any minor for the purpose of operating a taxicab,15583
any minor under eighteen years of age.15584

       (B)Whoever violates this section is guilty of a misdemeanor15585
of the first degree.15586

       Sec. 4507.35. (A) The operator of a motor vehicle shall15587
display histhe operator's license, or furnish satisfactory proof15588
that hethe operator has suchan operator's license, upon demand15589
of any peace officer or of any person damaged or injured in any15590
collision in which suchthe licensee may be involved. When a15591
demand is properly made and the operator has histhe operator's15592
license on or about histhe operator's person, hethe operator15593
shall not refuse to display saidthe license. FailureA person's15594
failure to furnish satisfactory evidence that suchthe person is15595
licensed under sections 4507.01 to 4507.30 of the Revised Code15596
this chapter when suchthe person does not have histhe person's15597
license on or about histhe person's person shall be prima-facie15598
evidence of histhe person's not having obtained suchan15599
operator's license.15600

       (B)Whoever violates this section is guilty of a misdemeanor15601
of the first degree.15602

       Sec. 4507.36. (A) No person shall knowingly make a false15603
statement to any matter or thing required by sections 4507.01 to15604
4507.39, inclusive, of the Revised Codethis chapter.15605

       (B)Whoever violates this section is guilty of a misdemeanor15606
of the first degree.15607

       Sec. 4507.45.  If a person's driver's license, commercial15608
driver's license, or nonresident operating privilege is suspended,15609
disqualified, or revokedcanceled for an indefinite period of time15610
or for a period of at least ninety days, and if at the end of the15611
period of suspension, disqualification, or revocationcancellation15612
the person is eligible to have the license or privilege15613
reinstated, the registrar of motor vehicles shall collect a15614
reinstatement fee of thirty dollars when the person requests15615
reinstatement. However, the registrar shall not collect the fee15616
prescribed by this section if a different driver's license,15617
commercial driver's license, or nonresident operating privilege15618
reinstatement fee is prescribed by law.15619

       Sec. 4507.50.  (A) The registrar of motor vehicles or a15620
deputy registrar, upon receipt of an application filed in15621
compliance with section 4507.51 of the Revised Code by any person15622
who is a resident or a temporary resident of this state and,15623
except as otherwise provided in this section, is not licensed as15624
an operator of a motor vehicle in this state or another licensing15625
jurisdiction, and, except as provided in division (B) of this15626
section, upon receipt of a fee of three dollars and fifty cents,15627
shall issue an identification card to that person.15628

       Any person who is a resident or temporary resident of this15629
state whose Ohio driver's or commercial driver's license has been15630
suspended or revokedcanceled, upon application in compliance with15631
section 4507.51 of the Revised Code and, except as provided in15632
division (B) if this section, payment of a fee of three dollars15633
and fifty cents, may be issued a temporary identification card.15634
The temporary identification card shall be identical to an15635
identification card, except that it shall be printed on its face15636
with a statement that the card is valid during the effective dates15637
of the suspension or revocationcancellation of the cardholder's15638
license, or until the birthday of the cardholder in the fourth15639
year after the date on which it is issued, whichever is shorter.15640
The cardholder shall surrender the identification card to the15641
registrar or any deputy registrar before the cardholder's driver's15642
or commercial driver's license is restored or reissued.15643

       Except as provided in division (B) of this section, the15644
deputy registrar shall be allowed a fee of two dollars and15645
twenty-five cents for each identification card issued under this15646
section. The fee allowed to the deputy registrar shall be in15647
addition to the fee for issuing an identification card.15648

       Neither the registrar nor any deputy registrar shall charge a15649
fee in excess of one dollar and fifty cents for laminating an15650
identification card or temporary identification card. A deputy15651
registrar laminating such a card shall retain the entire amount of15652
the fee charged for lamination, less the actual cost to the15653
registrar of the laminating materials used for that lamination, as15654
specified in the contract executed by the bureau for the15655
laminating materials and laminating equipment. The deputy15656
registrar shall forward the amount of the cost of the laminating15657
materials to the registrar for deposit as provided in this15658
section.15659

       The fee collected for issuing an identification card under15660
this section, except the fee allowed to the deputy registrar,15661
shall be paid into the state treasury to the credit of the state15662
bureau of motor vehicles fund created in section 4501.25 of the15663
Revised Code.15664

       (B) A disabled veteran who has a service-connected15665
disability rated at one hundred per cent by the veterans'15666
administration may apply to the registrar or a deputy registrar15667
for the issuance to that veteran of an identification card or a15668
temporary identification card under this section without payment15669
of any fee prescribed in division (A) of this section, including15670
any lamination fee.15671

       If the identification card or temporary identification card15672
of a disabled veteran described in this division is laminated by a15673
deputy registrar who is acting as a deputy registrar pursuant to a15674
contract with the registrar that is in effect on the effective15675
date of this amendment, the disabled veteran shall pay the deputy15676
registrar the lamination fee prescribed in division (A) of this15677
section. If the identification card or temporary identification15678
card is laminated by a deputy registrar who is acting as a deputy15679
registrar pursuant to a contract with the registrar that is15680
executed after the effective date of this amendment, the disabled15681
veteran is not required to pay the deputy registrar the lamination15682
fee prescribed in division (A) of this section.15683

       A disabled veteran whose identification card or temporary15684
identification card is laminated by the registrar is not required15685
to pay the registrar any lamination fee.15686

       An application made under division (A) of this section shall15687
be accompanied by such documentary evidence of disability as the15688
registrar may require by rule.15689

       Sec. 4507.52. (A) Each identification card issued by the15690
registrar of motor vehicles or a deputy registrar shall display a15691
distinguishing number assigned to the cardholder, and shall15692
display the following inscription:15693

"STATE OF OHIO IDENTIFICATION CARD
15694

       This card is not valid for the purpose of operating a motor15695
vehicle. It is provided solely for the purpose of establishing15696
the identity of the bearer described on the card, who currently is15697
not licensed to operate a motor vehicle in the state of Ohio."15698

       The identification card shall display substantially the same15699
information as contained in the application and as described in15700
division (A)(1) of section 4507.51 of the Revised Code, including15701
the cardholder's social security number unless the cardholder15702
specifically requests that the cardholder's social security number15703
not be displayed on the card. If federal law requires the15704
cardholder's social security number to be displayed on the15705
identification card, the social security number shall be displayed15706
on the card notwithstanding a request to not display the number15707
pursuant to this section. The identification card also shall15708
display the color photograph of the cardholder. If the cardholder15709
has executed a durable power of attorney for health care or a15710
declaration governing the use or continuation, or the withholding15711
or withdrawal, of life-sustaining treatment and has specified that15712
the cardholder wishes the identification card to indicate that the15713
cardholder has executed either type of instrument, the card also15714
shall display any symbol chosen by the registrar to indicate that15715
the cardholder has executed either type of instrument. The card15716
shall be sealed in transparent plastic or similar material and15717
shall be so designed as to prevent its reproduction or alteration15718
without ready detection.15719

       The identification card for persons under twenty-one years of15720
age shall have characteristics prescribed by the registrar15721
distinguishing it from that issued to a person who is twenty-one15722
years of age or older, except that an identification card issued15723
to a person who applies no more than thirty days before the15724
applicant's twenty-first birthday shall have the characteristics15725
of an identification card issued to a person who is twenty-one15726
years of age or older.15727

       Every identification card issued to a resident of this state15728
shall expire, unless canceled or surrendered earlier, on the15729
birthday of the cardholder in the fourth year after the date on15730
which it is issued. Every identification card issued to a15731
temporary resident shall expire in accordance with rules adopted15732
by the registrar and is nonrenewable, but may be replaced with a15733
new identification card upon the applicant's compliance with all15734
applicable requirements. A cardholder may renew the cardholder's15735
identification card within ninety days prior to the day on which15736
it expires by filing an application and paying the prescribed fee15737
in accordance with section 4507.50 of the Revised Code.15738

       If a cardholder applies for a driver's or commercial driver's15739
license in this state or another licensing jurisdiction, the15740
cardholder shall surrender the cardholder's identification card to15741
the registrar or any deputy registrar before the license is15742
issued.15743

       (B) If a card is lost, destroyed, or mutilated, the person15744
to whom the card was issued may obtain a duplicate by doing both15745
of the following:15746

       (A)(1) Furnishing suitable proof of the loss, destruction,15747
or mutilation to the registrar or a deputy registrar;15748

       (B)(2) Filing an application and presenting documentary15749
evidence under section 4507.51 of the Revised Code.15750

       Any person who loses a card and, after obtaining a duplicate,15751
finds the original, immediately shall surrender the original to15752
the registrar or a deputy registrar.15753

       A cardholder may obtain a replacement identification card15754
that reflects any change of the cardholder's name by furnishing15755
suitable proof of the change to the registrar or a deputy15756
registrar and surrendering the cardholder's existing card.15757

       When a cardholder applies for a duplicate or obtains a15758
replacement identification card, the cardholder shall pay a fee of15759
two dollars and fifty cents. A deputy registrar shall be allowed15760
an additional fee of two dollars and twenty-five cents for issuing15761
a duplicate or replacement identification card. A disabled15762
veteran who is a cardholder and has a service-connected disability15763
rated at one hundred per cent by the veterans' administration may15764
apply to the registrar or a deputy registrar for the issuance of a15765
duplicate or replacement identification card without payment of15766
any fee prescribed in this section, and without payment of any15767
lamination fee if the disabled veteran would not be required to15768
pay a lamination fee in connection with the issuance of an15769
identification card or temporary identification card as provided15770
in division (B) of section 4507.50 of the Revised Code.15771

       A duplicate or replacement identification card shall expire15772
on the same date as the card it replaces.15773

       (C) The registrar shall cancel any card upon determining15774
that the card was obtained unlawfully, issued in error, or was15775
altered. The registrar also shall cancel any card that is15776
surrendered to the registrar or to a deputy registrar after the15777
holder has obtained a duplicate, replacement, or driver's or15778
commercial driver's license.15779

       (D)(1) No agent of the state or its political subdivisions15780
shall condition the granting of any benefit, service, right, or15781
privilege upon the possession by any person of an identification15782
card. Nothing in this section shall preclude any publicly15783
operated or franchised transit system from using an identification15784
card for the purpose of granting benefits or services of the15785
system.15786

       (2) No person shall be required to apply for, carry, or15787
possess an identification card.15788

       (C)(E) Except in regard to an identification card issued to15789
a person who applies no more than thirty days before the15790
applicant's twenty-first birthday, neither the registrar nor any15791
deputy registrar shall issue an identification card to a person15792
under twenty-one years of age that does not have the15793
characteristics prescribed by the registrar distinguishing it from15794
the identification card issued to persons who are twenty-one years15795
of age or older.15796

       (F)Whoever violates division (E) of this section is guilty15797
of a minor misdemeanor.15798

       Sec. 4507.99.  (A) Whoever violates division (B)(2) or (D)(1)15799
of section 4507.02 of the Revised Code is guilty of driving under15800
suspension or revocation or in violation of license restrictions,15801
a misdemeanor of the first degree. Whoever violates division (C)15802
of section 4507.02 of the Revised Code is guilty of driving15803
without paying a license reinstatement fee, a misdemeanor of the15804
first degree. Except as otherwise provided in division (D) of15805
section 4507.162 of the Revised Code, the court, in addition to or15806
independent of all other penalties provided by law, may suspend15807
for a period not to exceed one year the driver's or commercial15808
driver's license or permit or nonresident operating privilege of15809
any person who pleads guilty to or is convicted of a violation of15810
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised15811
Code.15812

       (B) Whoever violates division (D)(2) of section 4507.02 of15813
the Revised Code is guilty of driving under OMVI suspension or15814
revocation and shall be punished as provided in division (B)(1),15815
(2), or (3) and divisions (B)(4) to (8) of this section.15816

       (1) Except as otherwise provided in division (B)(2) or (3)15817
of this section, driving under OMVI suspension or revocation is a15818
misdemeanor of the first degree, and the court shall sentence the15819
offender to a term of imprisonment of not less than three15820
consecutive days and may sentence the offender pursuant to section15821
2929.21 of the Revised Code to a longer term of imprisonment. As15822
an alternative to the term of imprisonment required to be imposed15823
by this division, but subject to division (B)(6) of this section,15824
the court may sentence the offender to a term of not less than15825
thirty consecutive days of electronically monitored house arrest15826
as defined in division (A)(4) of section 2929.23 of the Revised15827
Code. The period of electronically monitored house arrest shall15828
not exceed six months. In addition, the court shall impose upon15829
the offender a fine of not less than two hundred fifty and not15830
more than one thousand dollars.15831

       Regardless of whether the vehicle the offender was operating15832
at the time of the offense is registered in the offender's name or15833
in the name of another person, the court, in addition to or15834
independent of any other sentence that it imposes upon the15835
offender and subject to section 4503.235 of the Revised Code,15836
shall order the immobilization for thirty days of the vehicle the15837
offender was operating at the time of the offense and the15838
impoundment for thirty days of the identification license plates15839
of that vehicle. The order for immobilization and impoundment15840
shall be issued and enforced in accordance with section 4503.23315841
of the Revised Code.15842

       (2) If, within five years of the offense, the offender has15843
been convicted of or pleaded guilty to one violation of division15844
(D)(2) of section 4507.02 of the Revised Code or a municipal15845
ordinance that is substantially equivalent to that division,15846
driving under OMVI suspension or revocation is a misdemeanor, and15847
the court shall sentence the offender to a term of imprisonment of15848
not less than ten consecutive days and may sentence the offender15849
to a longer definite term of imprisonment of not more than one15850
year. As an alternative to the term of imprisonment required to15851
be imposed by this division, but subject to division (B)(6) of15852
this section, the court may sentence the offender to a term of not15853
less than ninety consecutive days of electronically monitored15854
house arrest as defined in division (A)(4) of section 2929.23 of15855
the Revised Code. The period of electronically monitored house15856
arrest shall not exceed one year. In addition, the court shall15857
impose upon the offender a fine of not less than five hundred and15858
not more than two thousand five hundred dollars.15859

       Regardless of whether the vehicle the offender was operating15860
at the time of the offense is registered in the offender's name or15861
in the name of another person, the court, in addition to or15862
independent of any other sentence that it imposes upon the15863
offender and subject to section 4503.235 of the Revised Code,15864
shall order the immobilization for sixty days of the vehicle the15865
offender was operating at the time of the offense and the15866
impoundment for sixty days of the identification license plates of15867
that vehicle. The order for immobilization and impoundment shall15868
be issued and enforced in accordance with section 4503.233 of the15869
Revised Code.15870

       (3) If, within five years of the offense, the offender has15871
been convicted of or pleaded guilty to two or more violations of15872
division (D)(2) of section 4507.02 of the Revised Code or a15873
municipal ordinance that is substantially equivalent to that15874
division, driving under OMVI suspension or revocation is guilty of15875
a misdemeanor. The court shall sentence the offender to a term of15876
imprisonment of not less than thirty consecutive days and may15877
sentence the offender to a longer definite term of imprisonment of15878
not more than one year. The court shall not sentence the offender15879
to a term of electronically monitored house arrest as defined in15880
division (A)(4) of section 2929.23 of the Revised Code. In15881
addition, the court shall impose upon the offender a fine of not15882
less than five hundred and not more than two thousand five hundred15883
dollars.15884

       Regardless of whether the vehicle the offender was operating15885
at the time of the offense is registered in the offender's name or15886
in the name of another person, the court, in addition to or15887
independent of any other sentence that it imposes upon the15888
offender and subject to section 4503.235 of the Revised Code,15889
shall order the criminal forfeiture to the state of the vehicle15890
the offender was operating at the time of the offense. The order15891
of criminal forfeiture shall be issued and enforced in accordance15892
with section 4503.234 of the Revised Code.15893

       If title to a motor vehicle that is subject to an order for15894
criminal forfeiture under this section is assigned or transferred15895
and division (C)(2) or (3) of section 4503.234 of the Revised Code15896
applies, in addition to or independent of any other penalty15897
established by law, the court may fine the offender the value of15898
the vehicle as determined by publications of the national auto15899
dealer's association. The proceeds from any fine imposed under15900
this division shall be distributed in accordance with division15901
(D)(4) of section 4503.234 of the Revised Code.15902

       (4) In addition to or independent of all other penalties15903
provided by law or ordinance, the trial judge of any court of15904
record or the mayor of a mayor's court shall suspend for a period15905
not to exceed one year the driver's or commercial driver's license15906
or permit or nonresident operating privilege of an offender who is15907
sentenced under division (B)(1), (2), or (3) of this section.15908

       (5) Fifty per cent of any fine imposed by a court under15909
division (B)(1), (2), or (3) of this section shall be deposited15910
into the county indigent drivers alcohol treatment fund or15911
municipal indigent drivers alcohol treatment fund under the15912
control of that court, as created by the county or municipal15913
corporation pursuant to division (N) of section 4511.191 of the15914
Revised Code.15915

       (6) No court shall impose the alternative sentence of not15916
less than thirty consecutive days of electronically monitored15917
house arrest permitted to be imposed by division (B)(1) of this15918
section or the alternative sentence of a term of not less than15919
ninety consecutive days of electronically monitored house arrest15920
permitted to be imposed by division (B)(2) of this section, unless15921
within sixty days of the date of sentencing, the court issues a15922
written finding, entered into the record, that, due to the15923
unavailability of space at the incarceration facility where the15924
offender is required to serve the term of imprisonment imposed15925
upon the offender, the offender will not be able to begin serving15926
that term of imprisonment within the sixty-day period following15927
the date of sentencing. If the court issues such a finding, the15928
court may impose the alternative sentence comprised of or15929
including electronically monitored house arrest permitted to be15930
imposed by division (B)(1) or (2) of this section.15931

       (7) An offender sentenced under this section to a period of15932
electronically monitored house arrest shall be permitted work15933
release during such period. The duration of the work release15934
shall not exceed the time necessary each day for the offender to15935
commute to and from the place of employment and the offender's15936
home or other place specified by the sentencing court and the time15937
actually spent under employment.15938

       (8) Suspension of a commercial driver's license under this15939
section shall be concurrent with any period of disqualification15940
under section 3123.611 or 4506.16 of the Revised Code or any15941
period of suspension under section 3123.58 of the Revised Code. No15942
person who is disqualified for life from holding a commercial15943
driver's license under section 4506.16 of the Revised Code shall15944
be issued a driver's license under this chapter during the period15945
for which the commercial driver's license was suspended under this15946
section, and no person whose commercial driver's license is15947
suspended under this section shall be issued a driver's license15948
under this chapter during the period of the suspension.15949

       (C) Whoever violates division (B)(1) of section 4507.02 of15950
the Revised Code is guilty of driving under financial15951
responsibility law suspension or revocation and shall be punished15952
as provided in division (C)(1), (2), or (3) and division (C)(4) of15953
this section.15954

       (1) Except as otherwise provided in division (C)(2) or (3)15955
of this section, driving under financial responsibility law15956
suspension or revocation is a misdemeanor of the first degree.15957

       Regardless of whether the vehicle the offender was operating15958
at the time of the offense is registered in the offender's name or15959
in the name of another person, the court, in addition to or15960
independent of any other sentence that it imposes upon the15961
offender and subject to section 4503.235 of the Revised Code,15962
shall order the immobilization for thirty days of the vehicle the15963
offender was operating at the time of the offense and the15964
impoundment for thirty days of the identification license plates15965
of that vehicle. The order for immobilization and impoundment15966
shall be issued and enforced in accordance with section 4503.23315967
of the Revised Code.15968

       (2) If, within five years of the offense, the offender has15969
been convicted of or pleaded guilty to one violation of division15970
(B)(1) of section 4507.02 of the Revised Code or a municipal15971
ordinance that is substantially equivalent to that division,15972
driving under financial responsibility law suspension or15973
revocation is a misdemeanor of the first degree.15974

       Regardless of whether the vehicle the offender was operating15975
at the time of the offense is registered in the offender's name or15976
in the name of another person, the court, in addition to or15977
independent of any other sentence that it imposes upon the15978
offender and subject to section 4503.235 of the Revised Code,15979
shall order the immobilization for sixty days of the vehicle the15980
offender was operating at the time of the offense and the15981
impoundment for sixty days of the identification license plates of15982
that vehicle. The order for immobilization and impoundment shall15983
be issued and enforced in accordance with section 4503.233 of the15984
Revised Code.15985

       (3) If, within five years of the offense, the offender has15986
been convicted of or pleaded guilty to two or more violations of15987
division (B)(1) of section 4507.02 of the Revised Code or a15988
municipal ordinance that is substantially equivalent to that15989
division, driving under financial responsibility law suspension or15990
revocation is a misdemeanor of the first degree.15991

       Regardless of whether the vehicle the offender was operating15992
at the time of the offense is registered in the offender's name or15993
in the name of another person, the court, in addition to or15994
independent of any other sentence that it imposes upon the15995
offender and subject to section 4503.235 of the Revised Code,15996
shall order the criminal forfeiture to the state of the vehicle15997
the offender was operating at the time of the offense. The order15998
of criminal forfeiture shall be issued and enforced in accordance15999
with section 4503.234 of the Revised Code.16000

       If title to a motor vehicle that is subject to an order for16001
criminal forfeiture under this section is assigned or transferred16002
and division (C)(2) or (3) of section 4503.234 of the Revised Code16003
applies, in addition to or independent of any other penalty16004
established by law, the court may fine the offender the value of16005
the vehicle as determined by publications of the national auto16006
dealer's association. The proceeds from any fine imposed under16007
this division shall be distributed in accordance with division16008
(D)(4) of section 4503.234 of the Revised Code.16009

       (4) Except as otherwise provided in division (D) of section16010
4507.162 of the Revised Code, the court, in addition to or16011
independent of all other penalties provided by law, may suspend16012
for a period not to exceed one year the driver's or commercial16013
driver's license or permit or nonresident operating privilege of16014
an offender who is sentenced under division (C)(1), (2), or (3) of16015
this section.16016

       (5) The court shall not release a vehicle from the16017
immobilization ordered under division (C)(1) or (2) of this16018
section unless the court is presented with current proof of16019
financial responsibility with respect to that vehicle.16020

       (D) Whoever violates division (A)(1) or (3) of section16021
4507.02 of the Revised Code by operating a motor vehicle when the16022
offender's driver's or commercial driver's license has been16023
expired for no more than six months is guilty of a minor16024
misdemeanor. Whoever violates division (B) of section 4507.13 or16025
division (C) of section 4507.52 of the Revised Code is guilty of a16026
minor misdemeanor.16027

       (E) Whoever violates section 4507.33 of the Revised Code is16028
guilty of permitting the operation of a vehicle by a person with16029
no legal right to operate a vehicle and shall be punished as16030
provided in division (E)(1) or (2) of this section.16031

       (1) Except as otherwise provided in division (E)(2) of this16032
section, permitting the operation of a vehicle by a person with no16033
legal right to operate a vehicle is a misdemeanor of the first16034
degree. In addition to or independent of any other sentence that16035
it imposes upon the offender and subject to section 4503.235 of16036
the Revised Code, the court shall order the immobilization for16037
thirty days of the vehicle involved in the offense and the16038
impoundment for thirty days of the identification license plates16039
of that vehicle. The order for immobilization and impoundment16040
shall be issued and enforced in accordance with section 4503.23316041
of the Revised Code.16042

       (2) If the offender previously has been convicted of or16043
pleaded guilty to one or more violations of section 4507.33 of the16044
Revised Code, permitting the operation of a vehicle by a person16045
with no legal right to operate a vehicle is a misdemeanor of the16046
first degree. In addition to or independent of any other sentence16047
that it imposes upon the offender and subject to section 4503.23516048
of the Revised Code, the court shall order the criminal forfeiture16049
to the state of the vehicle involved in the offense. The order of16050
criminal forfeiture shall be issued and enforced in accordance16051
with section 4503.234 of the Revised Code.16052

       If title to a motor vehicle that is subject to an order for16053
criminal forfeiture under this section is assigned or transferred16054
and division (C)(2) or (3) of section 4503.234 of the Revised Code16055
applies, in addition to or independent of any other penalty16056
established by law, the court may fine the offender the value of16057
the vehicle as determined by publications of the national auto16058
dealer's association. The proceeds from any fine imposed under16059
this division shall be distributed in accordance with division16060
(D)(4) of section 4503.234 of the Revised Code.16061

       (F) Whoever violates division (F)(1) or (2) of section16062
4507.05, or division (B) or (D) of section 4507.071 of the Revised16063
Code is guilty of a minor misdemeanor.16064

       (G) Whoever violates division (G) of section 4507.21 of the16065
Revised Code shall be fined one hundred dollars.16066

       (H) Except as provided in divisions (A) to (E) of this16067
section and unlessUnless another penalty is provided by the16068
section that contains the provision violated or otherwise is16069
provided by the laws of this state, whoever violates any provision16070
of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the16071
Revised Code is guilty of a misdemeanor of the first degree.16072

       (I) Whenever a person is found guilty of a violation of16073
section 4507.32 of the Revised Code, the trial judge of any court16074
of record, in addition to or independent of all other penalties16075
provided by law or ordinance, may suspend for any period of time16076
not exceeding three years or revoke the license of any person,16077
partnership, association, or corporation, issued under section16078
4511.763 of the Revised Code.16079

       (J)(B) Whenever a person is found guilty of a violation of16080
a traffic offense specified in Traffic Rule 13(B) that requires16081
the person's appearance in court, the court shall require the16082
person to verify the existence at the time of the offense of proof16083
of financial responsibility covering the person's operation of the16084
motor vehicle, or the motor vehicle if registered in the person's16085
name, and notify the registrar pursuant to division (D) of section16086
4509.101 of the Revised Code if the person fails to verify the16087
existence of such proof of financial responsibility.16088

       Sec. 4508.03.  (A) No driver training school shall be16089
established nor any such existing school continued unless the16090
school applies for and obtains from the director of public safety16091
a license in the manner and form prescribed by the director.16092

       The rules shall state the requirements for a school license,16093
including requirements concerning location, equipment, courses of16094
instruction, instructors, previous records of the school and16095
instructors, financial statements, schedule of fees and charges,16096
character and reputation of the operators, insurance in suchthe16097
sum and with suchthose provisions as the director considers16098
necessary to protect adequately the interests of the public, and16099
suchany other matters as the director may prescribe for the16100
protection of the public. The rules also shall require financial16101
responsibility information as part of the driver education16102
curriculum.16103

       (B) Any school that offers a driver training program for16104
disabled persons shall provide specially trained instructors for16105
the driver training of such persons. No school shall operate a16106
driver training program for disabled persons after June 30, 1978,16107
unless it has been licensed for such operation by the director. No16108
person shall act as a specially trained instructor in a driver16109
training program for disabled persons operated by a school after16110
June 30, 1978, unless that person has been licensed by the16111
director.16112

       (C) The director shall certify instructors to teach driver16113
training to disabled persons in accordance with training program16114
requirements established by the department of public safety.16115

       (D) No person shall operate a driver training school unless16116
the person has a valid license issued by the director under this16117
section.16118

       (E) Whoever violates division (D) of this section is guilty16119
of operating a driver training school without a valid license, a16120
minor misdemeanor. On a second or subsequent offense within two16121
years after the first offense, the person is guilty of a16122
misdemeanor of the fourth degree.16123

       Sec. 4508.04. (A) No person shall act as a driver training16124
instructor and on and after June 30, 1978, no person shall act as16125
a driver training instructor for disabled persons unless such16126
person applies for and obtains from the director of public safety16127
a license in the manner and form prescribed by the director. The16128
director shall provide by rule for instructors' license16129
requirements including moral character, physical condition,16130
knowledge of the courses of instruction, motor vehicle laws and16131
safety principles, previous personal and employment records, and16132
such other matters as the director may prescribe for the16133
protection of the public. Driver training instructors for16134
disabled persons shall meet such additional requirements and16135
receive such additional classroom and practical instruction as the16136
director shall prescribe by rule.16137

       (B)(1)No license shall be issued under this section to a16138
person if, within ten years of the date of application for the16139
license, the person has pleaded guilty to or been convicted of a16140
felony under the laws of this state or the comparable laws of16141
another jurisdiction.16142

       (2) No license shall be issued under this section to a16143
person if, within five years of the date of application for the16144
license, the person has pleaded guilty to or been convicted of a16145
misdemeanor of the first or second degree that is reasonably16146
related to the person's fitness to be issued such a license.16147

       (C) No person shall knowingly make a false statement on a16148
license application submitted under this section.16149

       (D)(1) Whoever violates division (A) of this section is16150
guilty of acting as a driver training instructor without a valid16151
license, a misdemeanor of the fourth degree.16152

       (2) Whoever violates division (C) of this section may be16153
charged with falsification under section 2921.13 of the Revised16154
Code.16155

       Sec. 4508.06. (A) The director of public safety may refuse to16156
issue, or may suspend or revoke, a license in any case wherein16157
which the director finds the applicant or licensee has violated16158
any of the provisions of this chapter, or any of the regulations16159
adopted by the director. ANo person whose license has been16160
suspended or revoked licenseunder this section shall be returned16161
fail to return the license to the director by the licensee.16162

       (B) Whoever violates division (A) of this section is guilty16163
of failing to return a suspended or revoked license, a minor16164
misdemeanor or, on a second or subsequent offense within two years16165
after the first offense, a misdemeanor of the fourth degree.16166

       Sec. 4508.09. (A) No person who operates a driver training16167
school shall use or cause to be used in the operation of the16168
driving school and upon any public property or private property16169
used for vehicular traffic any vehicle that does not meet the16170
minimum standards that are established by the director of public16171
safety and that are applicable to vehicles used in the operation16172
of a driving school.16173

       (B) Whoever violates this section is guilty of using an16174
unsafe vehicle at a driving school, a minor misdemeanor or, on a16175
second or subsequent offense within two years after the first16176
offense, a misdemeanor of the fourth degree.16177

       Sec. 4509.02.  As used in sections 4509.314509.291 to16178
4509.67, inclusive, of the Revised Code:16179

       (A) "Judgment" means any judgment which has become final by16180
expiration without appeal of the time within which an appeal might16181
have been perfected, or by final affirmation on appeal, rendered16182
by a court of competent jurisdiction of any state or of the United16183
States, upon a cause of action arising out of the ownership,16184
maintenance, or use of any motor vehicle for damages, including16185
damages for care and loss of services because of bodily injury to16186
or death of any person, or for damages because of injury to or16187
destruction of property, including the loss of use thereof, or16188
upon a cause of action on an agreement of settlement for such16189
damages.16190

       (B) "State" means any state, territory, or possession of the16191
United States, the District of Columbia, or any province of the16192
Dominion of Canada.16193

       Sec. 4509.101.  (A)(1) No person shall operate, or permit16194
the operation of, a motor vehicle in this state, unless proof of16195
financial responsibility is maintained continuously throughout the16196
registration period with respect to that vehicle, or, in the case16197
of a driver who is not the owner, with respect to that driver's16198
operation of that vehicle.16199

       (2) Whoever violates division (A)(1) of this section shall16200
be subject to the following civil penalties:16201

       (a) Suspension of the person's operating privilegesSubject16202
to divisions (A)(2)(b) and (c) of this section, a class E16203
suspension of the person's driver's license, commercial driver's16204
license, temporary instruction permit, probationary license, or16205
nonresident operating privilege for the period of time specified16206
in division (B)(5) of section 4510.02 of the Revised Code and16207
impoundment of the person's license until the person complies with16208
division (A)(5) of this section. The suspension shall be for a16209
period of not less than ninety days except that if,.The court may16210
grant limited driving privileges to the person only if the person16211
presents proof of financial responsibility and has complied with16212
division (A)(5) of this section.16213

       (b) If, within five years of the violation, the person's16214
operating privileges are again suspended and the person's license16215
again is impounded one or more times for a violation of division16216
(A)(1) of this section, a class C suspension of the person's16217
driver's license, commercial driver's license, temporary16218
instruction permit, probationary license, or nonresident operating16219
privilege for the period of time specified in division (B)(3) of16220
section 4510.02 of the Revised Code. The court may grant limited16221
driving privileges to the person only if the person presents proof16222
of financial responsibility and has complied with division (A)(5)16223
of this section, and no court may grant limited driving privileges16224
for the first fifteen days of the suspension shall be for a period16225
of not less than one year. Except as provided by section 4509.10516226
of the Revised Code, the suspension is not subject to revocation,16227
suspension, or occupational or other limited operating privileges.16228

       (b)(c)If, within five years of the violation, the person's16229
operating privileges are suspended and the person's license is16230
impounded two or more times for a violation of division (A)(1) of16231
this section, a class B suspension of the person's driver's16232
license, commercial driver's license, temporary instruction16233
permit, probationary license, or nonresident operating privilege16234
for the period of time specified in division (B)(2) of section16235
4510.02 of the Revised Code. No court may grant limited driving16236
privileges during the suspension.16237

       (d) In addition to the suspension of an owner's license16238
under division (A)(2)(a), (b),or(c) of this section, the16239
suspension of the rights of the owner to register the motor16240
vehicle and the impoundment of the owner's certificate of16241
registration and license plates until the owner complies with16242
division (A)(5) of this section.16243

       (3) A person to whom this state has issued a certificate of16244
registration for a motor vehicle or a license to operate a motor16245
vehicle or who is determined to have operated any motor vehicle or16246
permitted the operation in this state of a motor vehicle owned by16247
the person shall be required to verify the existence of proof of16248
financial responsibility covering the operation of the motor16249
vehicle or the person's operation of the motor vehicle under any16250
of the following circumstances:16251

       (a) The person or a motor vehicle owned by the person is16252
involved in a traffic accident that requires the filing of an16253
accident report under section 4509.06 of the Revised Code.16254

       (b) The person receives a traffic ticket indicating that16255
proof of the maintenance of financial responsibility was not16256
produced upon the request of a peace officer or state highway16257
patrol trooper made in accordance with division (D)(2) of this16258
section.16259

       (c) Whenever, in accordance with rules adopted by the16260
registrar, the person is randomly selected by the registrar and16261
requested to provide such verification.16262

       (4) An order of the registrar that suspends and impounds a16263
license or registration, or both, shall state the date on or16264
before which the person is required to surrender the person's16265
license or certificate of registration and license plates. The16266
person is deemed to have surrendered the license or certificate of16267
registration and license plates, in compliance with the order, if16268
the person does either of the following:16269

       (a) On or before the date specified in the order, personally16270
delivers the license or certificate of registration and license16271
plates, or causes the delivery of the items, to the registrar;16272

       (b) Mails the license or certificate of registration and16273
license plates to the registrar in an envelope or container16274
bearing a postmark showing a date no later than the date specified16275
in the order.16276

       (5) Except as provided in division (A)(6) of this section,16277
the registrar shall not restore any operating privileges or16278
registration rights suspended under this section, return any16279
license, certificate of registration, or license plates impounded16280
under this section, or reissue license plates under section16281
4503.232 of the Revised Code, if the registrar destroyed the16282
impounded license plates under that section, or reissue a license16283
under section 4507.544510.52 of the Revised Code, if the16284
registrar destroyed the suspended license under that section,16285
unless the rights are not subject to suspension or revocation16286
under any other law and unless the person, in addition to16287
complying with all other conditions required by law for16288
reinstatement of the operating privileges or registration rights,16289
complies with all of the following:16290

       (a) Pays a financial responsibility reinstatement fee of16291
seventy-five dollars for the first violation of division (A)(1) of16292
this section, two hundred fifty dollars for a second violation of16293
that division, and five hundred dollars for a third or subsequent16294
violation of that division;16295

       (b) If the person has not voluntarily surrendered the16296
license, certificate, or license plates in compliance with the16297
order, pays a financial responsibility nonvoluntary compliance fee16298
in an amount, not to exceed fifty dollars, determined by the16299
registrar;16300

       (c) Files and continuously maintains proof of financial16301
responsibility under sections 4509.44 to 4509.65 of the Revised16302
Code.16303

       (6) If the registrar issues an order under division (A)(2)16304
of this section resulting from the failure of a person to respond16305
to a financial responsibility random verification request under16306
division (A)(3)(c) of this section and the person successfully16307
maintains an affirmative defense to a violation of section 4507.0216308
4510.16 of the Revised Code or is determined by the registrar or a16309
deputy registrar to have been in compliance with division (A)(1)16310
of this section at the time of the initial financial16311
responsibility random verification request, the registrar shall do16312
both of the following:16313

       (a) Terminate the order of suspension or impoundment;16314

       (b) Restore the operating privileges and registration rights16315
of the person without payment of the fees established in divisions16316
(A)(5)(a) and (b) of this section and without a requirement to16317
file proof of financial responsibility.16318

       (B)(1) Every party required to file an accident report under16319
section 4509.06 of the Revised Code also shall include with the16320
report a document described in division (G)(1) of this section.16321

       If the registrar determines, within forty-five days after the16322
report is filed, that an operator or owner has violated division16323
(A)(1) of this section, the registrar shall do all of the16324
following:16325

       (a) Order the impoundment, with respect to the motor vehicle16326
involved, required under division (A)(2)(b)(d) of this section, of16327
the certificate of registration and license plates of any owner16328
who has violated division (A)(1) of this section;16329

       (b) Order the suspension required under division (A)(2)(a),16330
(b),or(c) of this section of the license of any operator or16331
owner who has violated division (A)(1) of this section;16332

       (c) Record the name and address of the person whose16333
certificate of registration and license plates have been impounded16334
or are under an order of impoundment, or whose license has been16335
suspended or is under an order of suspension; the serial number of16336
the person's license; the serial numbers of the person's16337
certificate of registration and license plates; and the person's16338
social security account number, if assigned, or, where the motor16339
vehicle is used for hire or principally in connection with any16340
established business, the person's federal taxpayer identification16341
number. The information shall be recorded in such a manner that16342
it becomes a part of the person's permanent record, and assists16343
the registrar in monitoring compliance with the orders of16344
suspension or impoundment.16345

       (d) Send written notification to every person to whom the16346
order pertains, at the person's last known address as shown on the16347
records of the bureau. The person, within ten days after the date16348
of the mailing of the notification, shall surrender to the16349
registrar, in a manner set forth in division (A)(4) of this16350
section, any certificate of registration and registration plates16351
under an order of impoundment, or any license under an order of16352
suspension.16353

       (2) The registrar shall issue any order under division16354
(B)(1) of this section without a hearing. Any person adversely16355
affected by the order, within ten days after the issuance of the16356
order, may request an administrative hearing before the registrar,16357
who shall provide the person with an opportunity for a hearing in16358
accordance with this paragraph. A request for a hearing does not16359
operate as a suspension of the order. The scope of the hearing16360
shall be limited to whether the person in fact demonstrated to the16361
registrar proof of financial responsibility in accordance with16362
this section. The registrar shall determine the date, time, and16363
place of any hearing, provided that the hearing shall be held, and16364
an order issued or findings made, within thirty days after the16365
registrar receives a request for a hearing. If requested by the16366
person in writing, the registrar may designate as the place of16367
hearing the county seat of the county in which the person resides16368
or a place within fifty miles of the person's residence. The16369
person shall pay the cost of the hearing before the registrar, if16370
the registrar's order of suspension or impoundment is upheld.16371

       (C) Any order of suspension or impoundment issued under this16372
section or division (B) of section 4509.37 of the Revised Code may16373
be terminated at any time if the registrar determines upon a16374
showing of proof of financial responsibility that the operator or16375
owner of the motor vehicle was in compliance with division (A)(1)16376
of this section at the time of the traffic offense, motor vehicle16377
inspection, or accident that resulted in the order against the16378
person. A determination may be made without a hearing. This16379
division does not apply unless the person shows good cause for the16380
person's failure to present satisfactory proof of financial16381
responsibility to the registrar prior to the issuance of the16382
order.16383

       (D)(1) For the purpose of enforcing this section, every16384
peace officer is deemed an agent of the registrar.16385

       (a) Except as provided in division (D)(1)(b) of this16386
section, any peace officer who, in the performance of the peace16387
officer's duties as authorized by law, becomes aware of a person16388
whose license is under an order of suspension, or whose16389
certificate of registration and license plates are under an order16390
of impoundment, pursuant to this section, may confiscate the16391
license, certificate of registration, and license plates, and16392
return them to the registrar.16393

       (b) Any peace officer who, in the performance of the peace16394
officer's duties as authorized by law, becomes aware of a person16395
whose license is under an order of suspension, or whose16396
certificate of registration and license plates are under an order16397
of impoundment resulting from failure to respond to a financial16398
responsibility random verification, shall not, for that reason,16399
arrest the owner or operator or seize the vehicle or license16400
plates. Instead, the peace officer shall issue a citation for a16401
violation of division (B)(1) of section 4507.024510.16 of the16402
Revised Code specifying the circumstances as failure to respond to16403
a financial responsibility random verification.16404

       (2) A peace officer shall request the owner or operator of a16405
motor vehicle to produce proof of financial responsibility in a16406
manner described in division (G) of this section at the time the16407
peace officer acts to enforce the traffic laws of this state and16408
during motor vehicle inspections conducted pursuant to section16409
4513.02 of the Revised Code.16410

       (3) A peace officer shall indicate on every traffic ticket16411
whether the person receiving the traffic ticket produced proof of16412
the maintenance of financial responsibility in response to the16413
officer's request under division (D)(2) of this section. The16414
peace officer shall inform every person who receives a traffic16415
ticket and who has failed to produce proof of the maintenance of16416
financial responsibility that the person must submit proof to the16417
traffic violations bureau with any payment of a fine and costs for16418
the ticketed violation or, if the person is to appear in court for16419
the violation, the person must submit proof to the court.16420

       (4)(a) If a person who has failed to produce proof of the16421
maintenance of financial responsibility appears in court for a16422
ticketed violation, the court may permit the defendant to present16423
evidence of proof of financial responsibility to the court at such16424
time and in such manner as the court determines to be necessary or16425
appropriate. The clerk of courts shall provide the registrar with16426
the identity of any person who fails to submit proof of the16427
maintenance of financial responsibility pursuant to division16428
(D)(3) of this section.16429

       (b) If a person who has failed to produce proof of the16430
maintenance of financial responsibility also fails to submit that16431
proof to the traffic violations bureau with payment of a fine and16432
costs for the ticketed violation, the traffic violations bureau16433
shall notify the registrar of the identity of that person.16434

       (5)(a) Upon receiving notice from a clerk of courts or16435
traffic violations bureau pursuant to division (D)(4) of this16436
section, the registrar shall order the suspension of the license16437
of the person required under division (A)(2)(a), (b),or(c) of16438
this section and the impoundment of the person's certificate of16439
registration and license plates required under division16440
(A)(2)(b)(d) of this section, effective thirty days after the date16441
of the mailing of notification. The registrar also shall notify16442
the person that the person must present the registrar with proof16443
of financial responsibility in accordance with this section,16444
surrender to the registrar the person's certificate of16445
registration, license plates, and license, or submit a statement16446
subject to section 2921.13 of the Revised Code that the person did16447
not operate or permit the operation of the motor vehicle at the16448
time of the offense. Notification shall be in writing and shall16449
be sent to the person at the person's last known address as shown16450
on the records of the bureau of motor vehicles. The person,16451
within fifteen days after the date of the mailing of notification,16452
shall present proof of financial responsibility, surrender the16453
certificate of registration, license plates, and license to the16454
registrar in a manner set forth in division (A)(4) of this16455
section, or submit the statement required under this section16456
together with other information the person considers appropriate.16457

       If the registrar does not receive proof or the person does16458
not surrender the certificate of registration, license plates, and16459
license, in accordance with this division, the registrar shall16460
permit the order for the suspension of the license of the person16461
and the impoundment of the person's certificate of registration16462
and license plates to take effect.16463

       (b) In the case of a person who presents, within the16464
fifteen-day period, documents to show proof of financial16465
responsibility, the registrar shall terminate the order of16466
suspension and the impoundment of the registration and license16467
plates required under division (A)(2)(b)(d) of this section and16468
shall send written notification to the person, at the person's16469
last known address as shown on the records of the bureau.16470

       (c) Any person adversely affected by the order of the16471
registrar under division (D)(5)(a) or (b) of this section, within16472
ten days after the issuance of the order, may request an16473
administrative hearing before the registrar, who shall provide the16474
person with an opportunity for a hearing in accordance with this16475
paragraph. A request for a hearing does not operate as a16476
suspension of the order. The scope of the hearing shall be16477
limited to whether the person in fact demonstrated to the16478
registrar proof of financial responsibility in accordance with16479
this section. The registrar shall determine the date, time, and16480
place of any hearing; provided, that the hearing shall be held,16481
and an order issued or findings made, within thirty days after the16482
registrar receives a request for a hearing. If requested by the16483
person in writing, the registrar may designate as the place of16484
hearing the county seat of the county in which the person resides16485
or a place within fifty miles of the person's residence. Such16486
person shall pay the cost of the hearing before the registrar, if16487
the registrar's order of suspension or impoundment under division16488
(D)(5)(a) or (b) of this section is upheld.16489

       (6) A peace officer may charge an owner or operator of a16490
motor vehicle with a violation of division (B)(1) of section16491
4507.024510.16 of the Revised Code when the owner or operator16492
fails to show proof of the maintenance of financial responsibility16493
pursuant to a peace officer's request under division (D)(2) of16494
this section, if a check of the owner or operator's driving record16495
indicates that the owner or operator, at the time of the operation16496
of the motor vehicle, is required to file and maintain proof of16497
financial responsibility under section 4509.45 of the Revised Code16498
for a previous violation of this chapter.16499

       (7) Any forms used by law enforcement agencies in16500
administering this section shall be prescribed, supplied, and paid16501
for by the registrar.16502

       (8) No peace officer, law enforcement agency employing a16503
peace officer, or political subdivision or governmental agency16504
that employs a peace officer shall be liable in a civil action for16505
damages or loss to persons arising out of the performance of any16506
duty required or authorized by this section.16507

       (9) As used in this division and divisions (E) and (G) of16508
this section, "peace officer" has the meaning set forth in section16509
2935.01 of the Revised Code.16510

       (E) All fees, except court costs, collected under this16511
section shall be paid into the state treasury to the credit of the16512
financial responsibility compliance fund. The financial16513
responsibility compliance fund shall be used exclusively to cover16514
costs incurred by the bureau in the administration of this section16515
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code,16516
and by any law enforcement agency employing any peace officer who16517
returns any license, certificate of registration, and license16518
plates to the registrar pursuant to division (C) of this section,16519
except that the director of budget and management may transfer16520
excess money from the financial responsibility compliance fund to16521
the state bureau of motor vehicles fund if the registrar16522
determines that the amount of money in the financial16523
responsibility compliance fund exceeds the amount required to16524
cover such costs incurred by the bureau or a law enforcement16525
agency and requests the director to make the transfer.16526

       All investment earnings of the financial responsibility16527
compliance fund shall be credited to the fund.16528

       (F) Chapter 119. of the Revised Code applies to this section16529
only to the extent that any provision in that chapter is not16530
clearly inconsistent with this section.16531

       (G)(1) The registrar, court, traffic violations bureau, or16532
peace officer may require proof of financial responsibility to be16533
demonstrated by use of a standard form prescribed by the16534
registrar. If the use of a standard form is not required, a16535
person may demonstrate proof of financial responsibility under16536
this section by presenting to the traffic violations bureau,16537
court, registrar, or peace officer any of the following documents16538
or a copy of the documents:16539

       (a) A financial responsibility identification card as16540
provided in section 4509.104 of the Revised Code;16541

       (b) A certificate of proof of financial responsibility on a16542
form provided and approved by the registrar for the filing of an16543
accident report required to be filed under section 4509.06 of the16544
Revised Code;16545

       (c) A policy of liability insurance, a declaration page of a16546
policy of liability insurance, or liability bond, if the policy or16547
bond complies with section 4509.20 or sections 4509.49 to 4509.6116548
of the Revised Code;16549

       (d) A bond or certification of the issuance of a bond as16550
provided in section 4509.59 of the Revised Code;16551

       (e) A certificate of deposit of money or securities as16552
provided in section 4509.62 of the Revised Code;16553

       (f) A certificate of self-insurance as provided in section16554
4509.72 of the Revised Code.16555

       (2) If a person fails to demonstrate proof of financial16556
responsibility in a manner described in division (G)(1) of this16557
section, the person may demonstrate proof of financial16558
responsibility under this section by any other method that the16559
court or the bureau, by reason of circumstances in a particular16560
case, may consider appropriate.16561

       (3) A motor carrier certificated by the interstate commerce16562
commission or by the public utilities commission may demonstrate16563
proof of financial responsibility by providing a statement16564
designating the motor carrier's operating authority and averring16565
that the insurance coverage required by the certificating16566
authority is in full force and effect.16567

       (4)(a) A finding by the registrar or court that a person is16568
covered by proof of financial responsibility in the form of an16569
insurance policy or surety bond is not binding upon the named16570
insurer or surety or any of its officers, employees, agents, or16571
representatives and has no legal effect except for the purpose of16572
administering this section.16573

       (b) The preparation and delivery of a financial16574
responsibility identification card or any other document16575
authorized to be used as proof of financial responsibility under16576
this division does not do any of the following:16577

       (i) Create any liability or estoppel against an insurer or16578
surety, or any of its officers, employees, agents, or16579
representatives;16580

       (ii) Constitute an admission of the existence of, or of any16581
liability or coverage under, any policy or bond;16582

       (iii) Waive any defenses or counterclaims available to an16583
insurer, surety, agent, employee, or representative in an action16584
commenced by an insured or third-party claimant upon a cause of16585
action alleged to have arisen under an insurance policy or surety16586
bond or by reason of the preparation and delivery of a document16587
for use as proof of financial responsibility.16588

       (c) Whenever it is determined by a final judgment in a16589
judicial proceeding that an insurer or surety, which has been16590
named on a document accepted by a court or the registrar as proof16591
of financial responsibility covering the operation of a motor16592
vehicle at the time of an accident or offense, is not liable to16593
pay a judgment for injuries or damages resulting from such16594
operation, the registrar, notwithstanding any previous contrary16595
finding, shall forthwith suspend the operating privileges and16596
registration rights of the person against whom the judgment was16597
rendered as provided in division (A)(2) of this section.16598

       (H) In order for any document described in division16599
(G)(1)(b) of this section to be used for the demonstration of16600
proof of financial responsibility under this section, the document16601
shall state the name of the insured or obligor, the name of the16602
insurer or surety company, and the effective and expiration dates16603
of the financial responsibility, and designate by explicit16604
description or by appropriate reference all motor vehicles covered16605
which may include a reference to fleet insurance coverage.16606

       (I) For purposes of this section, "owner" does not include a16607
licensed motor vehicle leasing dealer as defined in section16608
4517.01 of the Revised Code, but does include a motor vehicle16609
renting dealer as defined in section 4549.65 of the Revised Code. 16610
Nothing in this section or in section 4509.51 of the Revised Code16611
shall be construed to prohibit a motor vehicle renting dealer from16612
entering into a contractual agreement with a person whereby the16613
person renting the motor vehicle agrees to be solely responsible16614
for maintaining proof of financial responsibility, in accordance16615
with this section, with respect to the operation, maintenance, or16616
use of the motor vehicle during the period of the motor vehicle's16617
rental.16618

       (J) The purpose of this section is to require the16619
maintenance of proof of financial responsibility with respect to16620
the operation of motor vehicles on the highways of this state, so16621
as to minimize those situations in which persons are not16622
compensated for injuries and damages sustained in motor vehicle16623
accidents. The general assembly finds that this section contains16624
reasonable civil penalties and procedures for achieving this16625
purpose.16626

       (K) Nothing in this section shall be construed to be subject16627
to section 4509.78 of the Revised Code.16628

       (L) The registrar shall adopt rules in accordance with16629
Chapter 119. of the Revised Code that are necessary to administer16630
and enforce this section. The rules shall include procedures for16631
the surrender of license plates upon failure to maintain proof of16632
financial responsibility and provisions relating to reinstatement16633
of registration rights, acceptable forms of proof of financial16634
responsibility, and verification of the existence of financial16635
responsibility during the period of registration.16636

       Sec. 4509.17.  Except as provided in sections 4509.01 to16637
4509.78 of the Revised Code, upon failure of any person to request16638
a hearing as provided for in section 4509.13 of the Revised Code,16639
or to deposit the security required under section 4509.12 of the16640
Revised Code within thirty days after the registrar of motor16641
vehicles has sent the notice provided for in section 4509.13 of16642
the Revised Code, the registrar shall suspend the license of such16643
impose a class F suspension of the person's driver's license,16644
commercial driver's license, temporary instruction permit,16645
probationary license, or nonresident operating privilege for the16646
period of time specified in division (B)(6) of section 4510.02 of16647
the Revised Code on the person and the registrations of all motor16648
vehicles owned by suchthe person. If the person is a16649
nonresident, the suspension shall include the privilege of16650
operating any motor vehicle within this state or permitting the16651
operation within this state of any motor vehicle owned by the16652
nonresident.16653

       Sec. 4509.24.  (A) The persons involved in or affected by a16654
motor vehicle accident may at any time enter into a written16655
agreement for the payment of an agreed amount with respect to all16656
claims for bodily injury to or death of any person or property16657
damage arising from the accident which may provide for payment in16658
installments. A signed copy of the agreement may be filed with16659
the registrar of motor vehicles.16660

       (B) The registrar, upon filing of any such written16661
agreement, shall not require the deposit of security by any party16662
to the agreement for the benefit or protection of any party to the16663
agreement. The registrar shall modify appropriately any prior16664
order of suspension with reference to such persons, or if security16665
has been deposited, the registrar immediately shall return to the16666
depositor or the depositor's personal representative any deposit16667
for the benefit or protection of any party to the agreement.16668

       (C) If the registrar receives satisfactory evidence that any16669
person obliged to make payment under any such agreement has16670
defaulted in payment, the registrar shall issue an order ofimpose16671
a class F suspension with respect to thatof the offender's16672
driver's license, commercial driver's license, temporary16673
instruction permit, probationary license, or nonresident operating16674
privilege for the period of time specified in division (B)(6) of16675
section 4510.02 of the Revised Code on the person as provided in16676
section 4509.17 of the Revised Code. Such an order of suspension16677
remains in effect until any of the following occurs:16678

       (1) Security is deposited by the person to whom the16679
suspension applies in such amount as the registrar may then16680
determine;16681

       (2) The registrar receives satisfactory evidence that the16682
entire obligation has been paid or released;16683

       (3) A period of two years has elapsed following the breach16684
of agreement and satisfactory evidence is filed with the registrar16685
that no action has been instituted on the agreement during that16686
period.16687

       Sec. 4509.291.  (A) When a nonresident's operating privilege16688
is suspended pursuant to section 4509.101, 4509.17, or 4509.24 of16689
the Revised Code for a violation of any provision of sections16690
4509.01 to 4509.78, inclusive, of the Revised Code, the registrar16691
of motor vehicles shall transmit a certified copy of the record of16692
such action to the official in charge of the issuance of licenses16693
and registration certificates in the state in which such16694
nonresident resides, if the law of such other state provides for16695
action in relation thereto similar to the provision set forth in16696
division (B) of this section.16697

       (B) Upon receipt of a certification that the operating16698
privilege of a resident of this state has been suspended or16699
revoked in any other state pursuant to a law providing for its16700
suspension or revocation for failure to deposit security for the16701
payment of judgments arising out of a motor vehicle accident or16702
failure to give proof of financial responsibility, under16703
circumstances which would require the registrar to suspend a16704
nonresident's operating privilege had the accident occurred in16705
this state, the registrar shall suspend the licenseimpose a class16706
F suspension of the person's driver's license, commercial driver's16707
license, temporary instruction permit, probationary license, or16708
nonresident operating privilege for the period of time specified16709
in division (B)(6) of section 4510.02 of the Revised Code on the16710
person and all registrations of such resident. Such suspension16711
shall continue until such resident furnishes evidence of histhe16712
person's compliance with the law of such other state relating to16713
the deposit of such security or to the giving of proof of16714
financial responsibility.16715

       Sec. 4509.33.  If a nonresident by final order or judgment of16716
a court of record or mayor's court is convicted of, or forfeits16717
bail or collateral deposited to secure an appearance for trial16718
for, any offense enumerated in section 4507.16 of the Revised Code16719
for which the suspension of a license is provided, the registrar16720
of motor vehicles shall suspend or revokeimpose a suspension of16721
the privilege of the nonresident to operate a motor vehicle for16722
the same period for which suspension or revocation of a license by16723
a court of record is authorized by the applicable section 4507.1616724
of the Revised Code. The suspension or revocation shall remain in16725
effect until the expiration of the period so ordered and16726
thereafter until the nonresident gives and thereafter maintains16727
proof of financial responsibility in accordance with section16728
4509.45 of the Revised Code.16729

       The registrar shall also suspend the privilege of the use in16730
this state of every motor vehicle owned by the nonresident, except16731
that the registrar shall not suspend the privilege if the owner16732
has given or immediately gives and thereafter maintains proof of16733
financial responsibility with respect to all motor vehicles owned16734
by the nonresident. The registrar shall restore such privilege of16735
a nonresident owner when the owner gives and thereafter maintains16736
proof of financial responsibility in accordance with section16737
4509.45 of the Revised Code.16738

       Sec. 4509.34.  (A) The suspension or revocation of a license16739
referred to in sectionssection 4509.291 and 4509.31 of the16740
Revised Code shall remain in effect and the registrar of motor16741
vehicles shall not issue to any person whose license is so16742
suspended or revoked any new or renewal license until permitted16743
under the motor vehicle laws, and not then until such person gives16744
and thereafter maintains proof of financial responsibility in16745
accordance with section 4509.45 of the Revised Code.16746

       (B) The suspension of registration referred to in such16747
sections shall remain in effect and the registrar shall not16748
register or reregister in the name of any person whose16749
registration is so suspended as owner of any motor vehicle, nor16750
return or re-issue license plates for such vehicle, until such16751
person gives and thereafter maintains proof of financial16752
responsibility in accordance with section 4509.45 of the Revised16753
Code.16754

       Sec. 4509.35.  Whenever any person fails within thirty days16755
to satisfy a judgment rendered within this state, upon the written16756
request of the judgment creditor or histhe judgment creditor's16757
attorney, the clerk of the court which rendered the judgment, or16758
the judge of the court or mayor of the mayor's court if the court16759
has no clerk, immediately shall forward a certified copy of the16760
judgment to the registrar of motor vehicles.16761

       Whenever any nonresident has been convicted of the offenses16762
enumerated in section 4507.16an offense for which the court is16763
required to impose a license suspension under any provision of the16764
Revised Code or has forfeited bail given to secure histhe16765
nonresident's appearance for trial upon a charge of any offense16766
enumerated in that sectionfor which the court is required to16767
impose a license suspension under any provision of the Revised16768
Code, the clerk of every court of record and the mayor of every16769
mayor's court immediately shall forward to the registrar a16770
certified copy or transcript of the conviction or order forfeiture16771
of bail.16772

       Sec. 4509.37.  (A) The registrar of motor vehicles upon16773
receipt of a certified copy of a judgment, shall forthwith suspend16774
impose a class F suspension for the period of time specified in16775
division (B)(6) of section 4510.02 of the Revised Code of the16776
license and registration and any nonresident's operating privilege16777
of any person against whom such judgment was rendered, except as16778
provided in sections 4509.01 to 4509.78 of the Revised Code.16779

       Such certified copy of a judgment shall include the last16780
known address, the social security number, if known, and the16781
operator's license number, of the judgment debtor.16782

       (B) The registrar shall also impose the civil penalties16783
specified in division (A)(2) of section 4509.101 of the Revised16784
Code unless either of the following applies:16785

       (1) The judgment debtor presents proof of financial16786
responsibility to the registrar proving that the judgment debtor16787
was covered, at the time of the motor vehicle accident out of16788
which the cause of action arose, by proof of financial16789
responsibility in compliance with section 4509.101 of the Revised16790
Code.16791

       (2) The judgment debtor proves to the registrar that the16792
judgment debtor's registration and license have been previously16793
suspended under section 4509.101 of the Revised Code by reason of16794
the judgment debtor's failure to prove that the judgment debtor16795
was covered, at the time of the motor vehicle accident out of16796
which the cause of action arose, by proof of financial16797
responsibility.16798

       Sec. 4509.40. Any license, registration, and nonresident's16799
operating privilege suspendedThe registrar of motor vehicles16800
shall impose a class F suspension of the person's driver's16801
license, commercial driver's license, temporary instruction16802
permit, probationary license, or nonresident operating privilege16803
for the period of time specified in division (B)(6) of section16804
4510.02 of the Revised Code for nonpayment of a judgment shall16805
remain so suspended for a period of seven years from the effective16806
date of suspension, and while such order is in force no license,16807
registration, or permit to operate a motor vehicle shall be issued16808
in the name of such person, including any such person not16809
previously licensed. The registrar shall vacate the order of16810
suspension upon proof that such judgment is stayed, or satisfied16811
in full or to the extent provided in section 4509.41 of the16812
Revised Code, subject to the exemptions stated in sections16813
4509.37, 4509.38, 4509.39, and 4509.42 of the Revised Code, and16814
upon such person's filing with the registrar of motor vehicles16815
evidence of financial responsibility in accordance with section16816
4509.45 of the Revised Code.16817

       Sec. 4509.42.  (A) A judgment debtor upon due notice to the16818
judgment creditor may apply to the court in which the judgment was16819
rendered for the privilege of paying the judgment in installments16820
and the court, in its discretion and without prejudice to any16821
other legal remedies which the judgment creditor has, may order16822
and fix the amounts and times of payment of the installments.16823

       (B) The registrar of motor vehicles shall not suspend for16824
nonpayment of a judgment, a license, registration, or16825
nonresident's operating privilege, and shall restore the license,16826
registration, or nonresident's operating privilege suspended for16827
nonpayment, when the judgment debtor gives proof of financial16828
responsibility and maintains it in accordance with section 4509.4516829
of the Revised Code, and obtains an order permitting the payment16830
of the judgment in installments, and while the payment of any16831
installment is not in default.16832

       (C) If the judgment debtor fails to pay any installment as16833
specified by such order, then upon notice of default the registrar16834
shall forthwith suspendimpose a class F suspension of the16835
license, registration, or nonresident's operating privilege of the16836
judgment debtor until such judgment is satisfied as specified in16837
division (B)(6) of section 4510.02 of the Revised Code.16838

       Sec. 4509.45. (A) Proof of financial responsibility when16839
required under section 4507.022, 4509.101, 4509.32, 4509.33,16840
4509.34, 4509.38, 4509.40, 4509.42, or 4509.44,or4510.038 of the16841
Revised Code may be given by filing any of the following:16842

       (A)(1) A financial responsibility identification card as16843
provided in section 4509.104 of the Revised Code;16844

       (B)(2) A certificate of insurance as provided in section16845
4509.46 or 4509.47 of the Revised Code;16846

       (C)(3) A bond as provided in section 4509.59 of the Revised16847
Code;16848

       (D)(4) A certificate of deposit of money or securities as16849
provided in section 4509.62 of the Revised Code;16850

       (E)(5) A certificate of self-insurance, as provided in16851
section 4509.72 of the Revised Code, supplemented by an agreement16852
by the self-insurer that, with respect to accidents occurring16853
while the certificate is in force, hethe self-insurer will pay16854
the same amounts that an insurer would have been obligated to pay16855
under an owner's motor vehicle liability policy if it had issued16856
such a policy to the self-insurer.16857

       Such proof(B)Proof under division (A) of this section shall16858
be filed and maintained for five years from the date of the16859
registrar's imposition of a class A, B, or C suspension of16860
operating privileges by the registrar of motor vehiclesand shall16861
be filed and maintained for three years from the date of the16862
registrar's imposition of a class D, E, or F suspension of16863
operating privileges.16864

       Sec. 4509.74. (A) No person shall fail to report a motor16865
vehicle accident as required under the laws of this state.16866

       (B)Whoever violates this section is guilty of a minor16867
misdemeanor.16868

       Sec. 4509.77. (A) No person shall willfully fail to return16869
a license or registration as required in section 4509.69 of the16870
Revised Code.16871

       (B)Whoever violates this section shall be fined not more16872
than five hundred dollars, imprisoned for not more than thirty16873
days, or both.16874

       Sec. 4509.78. (A) No person shall violate section 4509.0116875
to 4509.78, inclusive, of the Revised Code for which no penalty is16876
otherwise provided.16877

       (B)Whoever violates this section shall be fined not more16878
than five hundred dollars, imprisoned not more than ninety days,16879
or both.16880

       Sec. 4509.79.  (A) As used in this section, "ridesharing16881
arrangement" means the transportation of persons in a motor16882
vehicle where such transportation is incidental to another purpose16883
of a volunteer driver and includes ridesharing arrangements known16884
as carpools, vanpools, and buspools.16885

       (B) Every owner registering as a passenger car a motor16886
vehicle designed and used for carrying more than nine but not more16887
than fifteen passengers or registering a bus under division (H)(8)16888
of section 4503.04 of the Revised Code shall have in effect,16889
whenever the motor vehicle is used in a ridesharing arrangement, a16890
policy of liability insurance with respect to the motor vehicle in16891
amounts and coverage no less than:16892

       (1) One hundred thousand dollars because of bodily injury to16893
or death of one person in any one accident;16894

       (2) Three hundred thousand dollars because of bodily injury16895
to or death of two or more persons in any one accident;16896

       (3) Fifty thousand dollars because of injury to property of16897
others in any one accident.16898

       (C)Whoever violates this section shall be fined not more16899
than five thousand dollars.16900

       Sec. 4509.80.  (A) Every owner registering a chauffeured16901
limousine shall furnish and maintain proof of financial16902
responsibility with respect to the limousine by filing with the16903
registrar of motor vehicles any of the following:16904

       (1) A certificate of insurance as provided in section16905
4509.46 or 4509.47 of the Revised Code;16906

       (2) A policy of liability insurance, a declaration page of a16907
policy of liability insurance, or liability bond, if the policy or16908
bond provides coverage in accordance with division (B) of this16909
section and otherwise complies with sections 4509.49 to 4509.61 of16910
the Revised Code, and if the policy or bond provides that such16911
policy or bond shall not be canceled or terminated prior to not16912
less than ten days after a written notice of cancellation or16913
termination is filed with the registrar;16914

       (3) A bond or certification of the issuance of a bond if the16915
bond provides coverage in the amount of three hundred thousand16916
dollars and otherwise complies with section 4509.59 of the Revised16917
Code;16918

       (4) A certificate of deposit of money or securities if the16919
certificate of deposit provides coverage in the amount of three16920
hundred thousand dollars and otherwise complies with section16921
4509.62 of the Revised Code;16922

       (5) A certificate of self-insurance as provided in section16923
4509.72 of the Revised Code.16924

       (B) As used in this section and section 4509.81 of the16925
Revised Code, "proof of financial responsibility" means proof of16926
ability to respond in damages for liability, on account of16927
accidents occurring subsequent to the effective date of such16928
proof, arising out of the ownership, maintenance, or use of a16929
chauffeured limousine in the amount of one hundred thousand16930
dollars because of bodily injury to or death of one person in any16931
one accident, three hundred thousand dollars because of bodily16932
injury to or death of two or more persons in any one accident, and16933
fifty thousand dollars because of injury to property of others in16934
any one accident.16935

       (C) Upon the request of a law enforcement officer, the16936
operator of any chauffeured limousine shall produce proof of16937
compliance with this section. The law enforcement officer16938
requesting such proof shall notify the registrar of any violation16939
of this section. The notice to the registrar shall be on a form16940
prescribed by the registrar and supplied by the registrar at the16941
registrar's expense, and shall include the license plate number of16942
the chauffeured limousine and any other information the registrar16943
requires.16944

       (D) The owner, or histhe owner's designee, shall provide16945
written notice to the registrar of cancellation or termination of16946
the coverage required by this section not less than ten days prior16947
to the effective date of cancellation, and, on or before the16948
effective date of cancellation, shall voluntarily surrender the16949
livery license plate sticker for the vehicle or vehicles for which16950
the cancellation is effective. If the livery license plate16951
sticker is timely and voluntarily surrendered, the registrar16952
shall, upon the filing of proof of financial responsibility as16953
required by this section, reinstate the livery registration of the16954
vehicle and issue a current livery license plate sticker for the16955
vehicle.16956

       (E)Whoever violates this section is guilty of a misdemeanor16957
of the first degree.16958

       Sec. 4509.81.  (A) Upon receipt of a notification of16959
violation as provided in division (C) of section 4509.80 of the16960
Revised Code; upon failure of a timely surrender of the livery16961
license plate sticker as required by division (D) of section16962
4509.80 of the Revised Code; or if the registrar of motor16963
vehicles, upon receipt of notification from an insurer of the16964
imminent cancellation or termination of coverage required by16965
section 4509.80 of the Revised Code, fails to receive evidence of16966
a continuation or substitution of coverage prior to the16967
cancellation or termination date, the registrar shall order the16968
immediate suspension of the rights of the owner of the chauffeured16969
limousine described in the notice to register the limousine and16970
the impoundment of the certificate of registration and16971
registration plates for the limousine. The registrar shall notify16972
the owner that the owner must surrender the certificate of16973
registration and registration plates to the registrar. The16974
notification shall be in writing and sent to the owner at the16975
owner's last known address as shown in the records of the bureau16976
of motor vehicles. Proceedings under this section are deemed16977
special, summary statutory proceedings.16978

       (B) The order of suspension and impoundment of a16979
registration shall state the date on or before which the owner of16980
the chauffeured limousine involved is required to surrender the16981
certificate of registration and registration plates to the16982
registrar. The owner shall be deemed to have surrendered the16983
certificate of registration and registration plates if the owner16984
causes the items to be delivered to the registrar on or before the16985
date specified in the order or mails the items to the registrar in16986
an envelope or container bearing a postmark showing a date no16987
later than the date specified in the order.16988

       (C) The registrar shall not restore any registration rights16989
suspended under this section, return any certificate of16990
registration or registration plates impounded under this section,16991
or reissue registration plates under section 4503.232 of the16992
Revised Code, if the registrar destroyed the impounded16993
registration plates under that section, unless those rights are16994
not subject to suspension or revocation under any other law and16995
unless the owner complies with both of the following:16996

       (1) Pays a financial responsibility reinstatement fee of16997
thirty dollars. The reinstatement fee may be increased, upon16998
approval of the controlling board, up to an amount not exceeding16999
fifty dollars.17000

       (2) Files and maintains proof of financial responsibility17001
under section 4509.80 of the Revised Code.17002

       (D) Any owner adversely affected by the order of the17003
registrar under this section may, within ten days after the17004
issuance of the order, request an administrative hearing before17005
the registrar, who shall provide the owner with an opportunity for17006
a hearing in accordance with this division. A request for a17007
hearing does not operate as a suspension of the order unless the17008
owner establishes to the satisfaction of the registrar that the17009
operation of the owner's chauffeured limousine will be covered by17010
proof of financial responsibility during the pendency of the17011
appeal. The scope of the hearing shall be limited to whether the17012
owner in fact demonstrated to the registrar proof of financial17013
responsibility in accordance with section 4509.80 of the Revised17014
Code. The registrar shall determine the date, time, and place of17015
any hearing, provided that the hearing shall be held and an order17016
issued or findings made within thirty days after the registrar17017
receives a request for a hearing. If requested by the owner in17018
writing, the registrar may designate as the place of hearing the17019
county seat of the county in which the owner resides or a place17020
within fifty miles of the owner's residence. The owner shall pay17021
the cost of the hearing before the registrar, if the registrar's17022
order of suspension or impoundment is upheld.17023

       (E) Any order of suspension or impoundment issued under this17024
section may be terminated at any time if the registrar determines17025
upon a showing of proof of financial responsibility that the owner17026
of the limousine was in compliance with section 4509.80 of the17027
Revised Code at the time of the incident that resulted in the17028
order against the owner. Such a determination may be made without17029
a hearing.17030

       (F) All fees collected under this section shall be paid into17031
the state treasury to the credit of the financial responsibility17032
compliance fund created by section 4509.101 of the Revised Code.17033

       (G) Chapter 119. of the Revised Code applies to this section17034
only to the extent that any provision in that chapter is not17035
clearly inconsistent with this section.17036

       (H)(1) Proof of financial responsibility may be demonstrated17037
by any of the methods authorized in section 4509.80 of the Revised17038
Code.17039

       (2) Divisions (G)(4)(a) and (b) of section 4509.101 of the17040
Revised Code apply to any finding by the registrar under this17041
section that an owner is covered by proof of financial17042
responsibility.17043

       Sec. 4510.01.  As used in this title and in Title XXIX of17044
the Revised Code:17045

       (A) "Cancel" or "cancellation" means the annulment or17046
termination by the bureau of motor vehicles of a driver's license,17047
commercial driver's license, temporary instruction permit,17048
probationary license, or nonresident operating privilege because17049
it was obtained unlawfully, issued in error, altered, or willfully17050
destroyed, or because the holder no longer is entitled to the17051
license, permit, or privilege.17052

       (B) "Drug abuse offense" has the same meaning as in section17053
2925.01 of the Revised Code.17054

       (C) "Ignition interlock device" means a device approved by17055
the director of public safety that connects a breath analyzer to a17056
motor vehicle's ignition system, that is constantly available to17057
monitor the concentration by weight of alcohol in the breath of17058
any person attempting to start that motor vehicle by using its17059
ignition system, and that deters starting the motor vehicle by use17060
of its ignition system unless the person attempting to start the17061
vehicle provides an appropriate breath sample for the device and17062
the device determines that the concentration by weight of alcohol17063
in the person's breath is below a preset level.17064

       (D) "Immobilizing or disabling device" means a device17065
approved by the director of public safety that may be ordered by a17066
court to be used by an offender as a condition of limited driving17067
privileges. "Immobilizing or disabling device" includes an17068
ignition interlock device, and any prototype device that is used17069
according to protocols designed to ensure efficient and effective17070
monitoring of limited driving privileges granted by a court to an17071
offender.17072

       (E) "Moving violation" means any violation of any statute or17073
ordinance that regulates the operation of vehicles, streetcars, or17074
trackless trolleys on the highways or streets. "Moving violation"17075
does not include a violation of section 4513.263 of the Revised17076
Code or a substantially equivalent municipal ordinance, a17077
violation of any statute or ordinance regulating pedestrians or17078
the parking of vehicles, vehicle size or load limitations, vehicle17079
fitness requirements, or vehicle registration.17080

       (F) "Municipal OVI ordinance" and "municipal OVI offense"17081
have the same meanings as in section 4511.181 of the Revised Code.17082

       (G) "Prototype device" means any testing device to monitor17083
limited driving privileges that has not yet been approved or17084
disapproved by the director of public safety.17085

       (H) "Suspend" or "suspension" means the permanent or17086
temporary withdrawal, by action of a court or the bureau of motor17087
vehicles, of a driver's license, commercial driver's license,17088
temporary instruction permit, probationary license, or nonresident17089
operating privilege for the period of the suspension or the17090
permanent or temporary withdrawal of the privilege to obtain a17091
license, permit, or privilege of that type for the period of the17092
suspension.17093

       Sec. 4510.02.  (A) When a court elects or is required to17094
suspend the driver's license, commercial driver's license,17095
temporary instruction permit, probationary license, or nonresident17096
operating privilege of any offender, for each of the following17097
suspension classes, the court shall impose a definite period of17098
suspension from the range specified for the suspension class:17099

       (1) For a class one suspension, a definite period for the17100
life of the person subject to the suspension;17101

       (2) For a class two suspension, a definite period of three17102
years to life;17103

       (3) For a class three suspension, a definite period of two17104
to ten years;17105

       (4) For a class four suspension, a definite period of one to17106
five years;17107

       (5) For a class five suspension, a definite period of six17108
months to three years;17109

       (6) For a class six suspension, a definite period of three17110
months to two years;17111

       (7) For a class seven suspension, a definite period not to17112
exceed one year.17113

       (B) When the bureau of motor vehicles elects or is required17114
to suspend the driver's license, commercial driver's license,17115
temporary instruction permit, probationary license, or nonresident17116
operating privilege of any person, for each of the following17117
suspension classes, the period of suspension shall be as follows:17118

       (1) For a class A suspension, three years;17119

       (2) For a class B suspension, two years;17120

       (3) For a class C suspension, one year;17121

       (4) For a class D suspension, six months;17122

       (5) For a class E suspension, three months;17123

       (6) For a class F suspension, until conditions are met.17124

       (C) The court may require a person to successfully complete17125
a remedial driving course as a condition for the return of full17126
driving privileges after a suspension period imposed from any17127
range in division (A) of this section ends or otherwise imposed by17128
the court pursuant to any other provision of law.17129

       (D) When a court or the bureau suspends the driver's17130
license, commercial driver's license, temporary instruction17131
permit, probationary license, or nonresident operating privilege17132
of any offender or person pursuant to any provision of law that17133
does not provide for the suspension to be from a class set forth17134
in division (A) or (B) of this section, except as otherwise17135
provided in the provision that authorizes or requires the17136
suspension, the suspension shall be subject to and governed by17137
this chapter.17138

       Sec. 4510.021.  (A) Unless expressly prohibited by section17139
2919.22, section 4510.13, or any other section of the Revised17140
Code, a court may grant limited driving privileges during any17141
suspension imposed by the court. The privileges shall be for17142
limited purposes, including but not limited to occupational,17143
educational, vocational, or medical purposes, taking the driver's17144
or commercial driver's license examination, attending17145
court-ordered treatment, and other reasonable purposes specified17146
by the court under this section. In granting the privileges, the17147
court shall specify the purposes, times, and places of the17148
privileges and may impose any other reasonable conditions on the17149
person's driving of a motor vehicle.17150

       (B) Unless expressly authorized by a section of the Revised17151
Code, a court may not grant limited driving privileges during any17152
suspension imposed by the bureau of motor vehicles. To obtain17153
limited driving privileges during a suspension imposed by the17154
bureau, a petition may be filed in a court of record in the county17155
in which the person under suspension resides. A person who is not17156
a resident of this state shall file any petition for privileges in17157
the Franklin county municipal court, or, if the person is a minor,17158
in the Franklin county juvenile court.17159

       (C) When the use of an immobilizing or disabling device is17160
not otherwise required by law, the court, as a condition of17161
granting limited driving privileges, may require that the person's17162
vehicle be equipped with an immobilizing or disabling device,17163
except as provided in division (C) of section 4510.43 of the17164
Revised Code. When the use of restricted license plates issued17165
under section 4503.231 of the Revised Code is not otherwise17166
required by law, the court, as a condition of granting limited17167
driving privileges, may require that the person's vehicle be17168
equipped with restricted licenseplates of that nature, except as17169
provided in division (B) of that section.17170

       (D) When the court grants limited driving privileges under17171
section 4510.31 of the Revised Code or any other provision of law17172
during the suspension of the temporary instruction permit or17173
probationary driver's license of a person who is under eighteen17174
years of age, the court may include as a purpose of the privilege17175
the person's practicing of driving with the person's parent,17176
guardian, or other custodian during the period of the suspension.17177
If the court grants limited driving privileges for this purpose,17178
the court, in addition to all other conditions it imposes, shall17179
impose as a condition that the person exercise the privilege only17180
when a parent, guardian, or custodian of the person who holds a17181
current valid driver's or commercial driver's license issued by17182
this state actually occupies the seat beside the person in the17183
vehicle the person is operating.17184

       (E) Before granting limited driving privileges under this17185
section, the court shall require the offender to provide proof of17186
financial responsibility pursuant to section 4509.45 of the17187
Revised Code.17188

       Sec. 4510.03.  (A) Every county court judge, mayor of a17189
mayor's court, and clerk of a court of record shall keep a full17190
record of every case in which a person is charged with any17191
violation of any provision of sections 4511.01 to 4511.771 or17192
4513.01 to 4513.36 of the Revised Code or of any other law or17193
ordinance regulating the operation of vehicles, streetcars, and17194
trackless trolleys on highways or streets.17195

       (B) If a person is convicted of or forfeits bail in relation17196
to a violation of any section listed in division (A) of this17197
section or a violation of any other law or ordinance regulating17198
the operation of vehicles, streetcars, and trackless trolleys on17199
highways or streets, the county court judge, mayor of a mayor's17200
court, or clerk, within ten days after the conviction or bail17201
forfeiture, shall prepare and immediately forward to the bureau of17202
motor vehicles an abstract, certified by the preparer to be true17203
and correct, of the court record covering the case in which the17204
person was convicted or forfeited bail. Every court of record17205
also shall forward to the bureau of motor vehicles an abstract of17206
the court record as described in division (C) of this section upon17207
the conviction of any person of aggravated vehicular homicide or17208
vehicular homicide or of a felony in the commission of which a17209
vehicle was used.17210

       (C) Each abstract required by this section shall be made17211
upon a form approved and furnished by the bureau and shall include17212
the name and address of the person charged, the number of the17213
person's driver's or commercial driver's license, probationary17214
driver's license, or temporary instruction permit, the17215
registration number of the vehicle involved, the nature of the17216
offense, the date of the offense, the date of hearing, the plea,17217
the judgment, or whether bail was forfeited, and the amount of the17218
fine or forfeiture.17219

       Sec. 4510.031.  (A) A United States district court that17220
has jurisdiction within this state may utilize the provisions of17221
section 4510.03 of the Revised Code in regard to any case in which17222
a person is charged with any violation of any provision of17223
sections 4511.01 to 4511.771 or 4513.01 to 4513.36 of the Revised17224
Code or of any other law or ordinance regulating the operation of17225
vehicles, streetcars, and trackless trolleys on highways or17226
streets located on federal property within this state. The court17227
also may forward to the bureau an abstract upon the conviction of17228
any person of aggravated vehicular homicide or vehicular homicide17229
or of a felony in the commission of which a vehicle was used.17230

       (B) If a United States district court acts under this17231
section, it shall follow the procedures established in section17232
4510.03 of the Revised Code.17233

       (C) The bureau of motor vehicles shall accept and process an17234
abstract received from a United States district court under this17235
section in the same manner as it accepts and processes an abstract17236
received from a county court judge, mayor of a mayor's court, or17237
clerk of a court of record.17238

       Sec. 4510.032.  (A) If a person is charged with a17239
violation of section 4511.19 of the Revised Code or a violation of17240
any municipal OVI ordinance; if that charge is dismissed or17241
reduced; if the person is convicted of or forfeits bail in17242
relation to a violation of any other section of the Revised Code17243
or of any ordinance that regulates the operation of vehicles,17244
streetcars, and trackless trolleys on highways and streets but17245
that does not relate to operating a vehicle while under the17246
influence of alcohol, a drug of abuse, or a combination of them or17247
to operating a vehicle with a prohibited concentration of alcohol17248
in the whole blood, blood serum or plasma, breath, or urine; and17249
if the violation of which the person was convicted or in relation17250
to which the person forfeited bail arose out of the same facts and17251
circumstances and the same act as did the charge that was17252
dismissed or reduced, the abstract prepared under section 4510.0317253
of the Revised Code also shall set forth the charge that was17254
dismissed or reduced, indicate that it was dismissed or reduced,17255
and indicate that the violation resulting in the conviction or17256
bail forfeiture arose out of the same facts and circumstances and17257
the same act as did the charge that was dismissed or reduced.17258

       (B) If a charge against a person of a violation of division17259
(A) of section 4510.11, division (A) of section 4510.14, or17260
division (A) of section 4510.16 of the Revised Code or any17261
municipal ordinance that is substantially equivalent to any of17262
those divisions is dismissed or reduced and if the person is17263
convicted of or forfeits bail in relation to a violation of any17264
other section of the Revised Code or any other ordinance that17265
regulates the operation of vehicles, streetcars, and trackless17266
trolleys on highways and streets that arose out of the same facts17267
and circumstances as did the charge that was dismissed or reduced,17268
the abstract also shall set forth the charge that was dismissed or17269
reduced, indicate that it was dismissed or reduced, and indicate17270
that the violation resulting in the conviction or bail forfeiture17271
arose out of the same facts and circumstances and the same act as17272
did the charge that was dismissed or reduced.17273

       (C)(1) If a child has been adjudicated an unruly or17274
delinquent child or a juvenile traffic offender for having17275
committed any act that if committed by an adult would be a drug17276
abuse offense or any violation of division (B) of section 2917.1117277
or of section 4511.19 of the Revised Code, the court shall notify17278
the bureau, by means of an abstract of the court record as17279
described in divisions (B) and (C) of section 4510.03 of the17280
Revised Code, within ten days after the adjudication.17281

       (2) If a court requires a child to attend a drug abuse or17282
alcohol abuse education, intervention, or treatment program, the17283
abstract required by division (C)(1) of this section and forwarded17284
to the bureau also shall include the name and address of the17285
operator of the program and the date that the child entered the17286
program. If the child satisfactorily completes the program, the17287
court, immediately upon receipt of the information, shall send to17288
the bureau an updated abstract that also shall contain the date on17289
which the child satisfactorily completed the program.17290

       Sec. 4510.034.  (A) Division (B) of this section applies17291
in relation to persons who are convicted of or plead guilty to any17292
of the following:17293

       (1) A violation of division (A) of section 4510.11,17294
division (A) of section 4510.14, or division (A) of section17295
4510.16 of the Revised Code;17296

       (2) A violation of a municipal ordinance substantially17297
equivalent to any division set forth in division (A)(1) of this17298
section;17299

       (3) A violation of division (A) of section 4511.19 of the17300
Revised Code or a violation of section 4511.203 of the Revised17301
Code;17302

       (4) A violation of a municipal OVI ordinance.17303

       (B) If a person is convicted of or pleads guilty to any17304
violation set forth in division (A) of this section and if17305
division (D) of section 4503.234 of the Revised Code prohibits the17306
registrar of motor vehicles and all deputy registrars from17307
accepting an application for the registration of, or registering,17308
any motor vehicle in the name of that person, the abstract17309
prepared pursuant to section 4510.03, 4510.031, or 4510.032 of the17310
Revised Code shall specifically set forth these facts and clearly17311
indicate the date on which the order of criminal forfeiture was17312
issued or would have been issued but for the operation of section17313
4503.234 of the Revised Code. If the registrar receives an17314
abstract containing this information relating to a person, the17315
registrar, in accordance with sections 4503.12 and 4503.234 of the17316
Revised Code, shall take all necessary measures to prevent the17317
registrar's office or any deputy registrar from accepting from the17318
person, for the period of time ending five years after the date on17319
which the order was issued or would have been issued and as17320
described in section 4503.234 of the Revised Code, any new17321
application for the registration of any motor vehicle in the name17322
of the person.17323

       Sec. 4510.035.  The purposeful failure or refusal of any17324
person to comply with any provision of section 4510.03, 4510.032,17325
4510.034, 4510.036, or 4510.037 of the Revised Code constitutes17326
misconduct in office and is a ground for removal of the person17327
from the office.17328

       Sec. 4510.036.  (A) The bureau of motor vehicles shall17329
record within ten days, after receipt, and shall keep at its main17330
office, all abstracts received under this section or section17331
4510.03, 4510.031, 4510.032, or 4510.034 of the Revised Code and17332
shall maintain records of convictions and bond forfeitures for any17333
violation of a state law or a municipal ordinance regulating the17334
operation of vehicles, streetcars, and trackless trolleys on17335
highways and streets, except a violation related to parking a17336
motor vehicle.17337

       (B) Every court of record or mayor's court before which a17338
person is charged with a violation for which points are chargeable17339
by this section shall assess and transcribe to the abstract of17340
conviction or adjudication report that is furnished by the bureau17341
to the court the number of points chargeable by this section in17342
the correct space assigned on the reporting form. A United States17343
district court that has jurisdiction within this state and before17344
which a person is charged with a violation for which points are17345
chargeable by this section may assess and transcribe to the17346
abstract of conviction report that is furnished by the bureau the17347
number of points chargeable by this section in the correct space17348
assigned on the reporting form. If the federal court so assesses17349
and transcribes the points chargeable for the offense and17350
furnishes the report to the bureau, the bureau shall record the17351
points in the same manner as those assessed and transcribed by a17352
court of record or mayor's court.17353

       (C) A court shall assess the following points for an17354
offense based on the following formula:17355

       (1) Aggravated vehicular homicide, vehicular homicide,17356
vehicular manslaughter, aggravated vehicular assault, or vehicular17357
assault when the offense involves the operation of a vehicle,17358
streetcar, or trackless trolley on a highway or street . . . . . 617359
points17360

       (2) A violation of section 2921.331 of the Revised Code or17361
any ordinance prohibiting the willful fleeing or eluding of a law17362
enforcement officer . . . . . 6 points17363

       (3) A violation of section 4549.02 or 4549.021 of the17364
Revised Code or any ordinance requiring the driver of a vehicle to17365
stop and disclose identity at the scene of an accident . . . . . 617366
points17367

       (4) A violation of section 4511.251 of the Revised Code or17368
any ordinance prohibiting street racing . . . . . 6 points17369

       (5) A violation of section 4510.11, 4510.14, or 4510.16 of17370
the Revised Code or any ordinance prohibiting the operation of a17371
motor vehicle while the driver's or commercial driver's license is17372
under suspension . . . . . 6 points17373

       (6) A violation of division (A) of section 4511.19 of the17374
Revised Code, any ordinance prohibiting the operation of a vehicle17375
while under the influence of alcohol, a drug of abuse, or a17376
combination of them, or any ordinance substantially equivalent to17377
division (A) of section 4511.19 of the Revised Code prohibiting17378
the operation of a vehicle with a prohibited concentration of17379
alcohol in the whole blood, blood serum or plasma, breath, or17380
urine . . . . . 6 points17381

       (7) A violation of section 2913.03 of the Revised Code that17382
does not involve an aircraft or motorboat or any ordinance17383
prohibiting the operation of a vehicle without the consent of the17384
owner . . . . . 6 points17385

       (8) Any offense under the motor vehicle laws of this state17386
that a felony, or any other felony in the commission of which a17387
motor vehicle was used . . . . . 6 points17388

       (9) A violation of division (B) of section 4511.19 of the17389
Revised Code or any ordinance substantially equivalent to that17390
division prohibiting the operation of a vehicle with a prohibited17391
concentration of alcohol in the whole blood, blood serum or17392
plasma, breath, or urine . . . . . 4 points17393

       (10) A violation of section 4511.20 of the Revised Code or17394
any ordinance prohibiting the operation of a motor vehicle in17395
willful or wanton disregard of the safety of persons or property .17396
. . . . 4 points17397

       (11) A violation of any law or ordinance pertaining to17398
speed:17399

       (a) Notwithstanding divisions (C)(11)(b) and (c) of this17400
section, when the speed exceeds the lawful speed limit by thirty17401
miles per hour or more . . . . . 4 points17402

       (b) When the speed exceeds the lawful speed limit of17403
fifty-five miles per hour or more by more than ten miles per hour17404
. . . . . 2 points17405

       (c) When the speed exceeds the lawful speed limit of less17406
than fifty-five miles per hour by more than five miles per hour .17407
. . . . 2 points17408

       (d) When the speed does not exceed the amounts set forth in17409
divisions (C)(11)(a), (b), or (c) of this section . . . . . . 017410
points17411

       (12) Operating a motor vehicle in violation of a restriction17412
imposed by the registrar . . . . . 2 points17413

       (13) All other moving violations reported under this section17414
. . . . . 2 points17415

       (D) Upon receiving notification from the proper court,17416
including a United States district court that has jurisdiction17417
within this state, the bureau shall delete any points entered for17418
a bond forfeiture if the driver is acquitted of the offense for17419
which bond was posted.17420

       (E) If a person is convicted of or forfeits bail for two or17421
more offenses arising out of the same facts and points are17422
chargeable for each of the offenses, points shall be charged for17423
only the conviction or bond forfeiture for which the greater17424
number of points is chargeable, and, if the number of points17425
chargeable for each offense is equal, only one offense shall be17426
recorded, and points shall be charged only for that offense.17427

       Sec. 4510.037.  (A) When the registrar of motor vehicles17428
determines that the total points charged against any person under17429
section 4510.036 of the Revised Code exceed five, the registrar17430
shall send a warning letter to the person at the person's last17431
known address by regular mail. The warning letter shall list the17432
reported violations that are the basis of the points charged, list17433
the number of points charged for each violation, and outline the17434
suspension provisions of this section.17435

       (B) When the registrar determines that the total points17436
charged against any person under section 4510.036 of the Revised17437
Code within any two-year period beginning on the date of the first17438
conviction within the two-year period is equal to twelve or more,17439
the registrar shall send a written notice to the person at the17440
person's last known address by regular mail. The notice shall17441
list the reported violations that are the basis of the points17442
charged, list the number of points charged for each violation, and17443
state that, because the total number of points charged against the17444
person within the applicable two-year period is equal to twelve or17445
more, the registrar is imposing a class D suspension of the17446
person's driver's or commercial driver's license or permit or17447
nonresident operating privileges for the period of time specified17448
in division (B)(4) of section 4510.02 of the Revised Code. The17449
notice also shall state that the suspension is effective on the17450
twentieth day after the mailing of the notice, unless the person17451
files a petition in the municipal court, county court, or, if the17452
person is under the age of eighteen, the juvenile division of the17453
court of common pleas in whose jurisdiction the person resides or,17454
if the person is not a resident of this state, in the Franklin17455
county municipal court or juvenile division of the Franklin county17456
court of common pleas. By filing the appeal, the person agrees to17457
pay the cost of the appeal proceeding and alleges that the person17458
can show cause why the person's driver's or commercial driver's17459
license or permit or nonresident operating privileges should not17460
be suspended.17461

       (C) Any person against whom more than five but less than17462
twelve points have been charged under section 4510.036 of the17463
Revised Code, for the purpose of obtaining a credit of two points17464
against the total points charged against the person under that17465
section, may enroll in a course of remedial driving instruction17466
that is approved by the director of public safety. The person may17467
enroll only one time in a course of remedial driving instruction17468
for that purpose. Upon the person's completion of an approved17469
course of remedial driving instruction, the registrar shall deduct17470
two points from the total number of points charged against the17471
person under section 4510.036 of the Revised Code. The registrar17472
shall not deduct any points for a person who completes an approved17473
course of remedial driving instruction pursuant to a judge's order17474
under section 4510.02 of the Revised Code.17475

       (D) When a judge of a court of record suspends a person's17476
driver's or commercial driver's license or permit or nonresident17477
operating privilege and charges points against the person under17478
section 4510.036 of the Revised Code for the offense that resulted17479
in the suspension, the registrar shall credit that period of17480
suspension against the time of any subsequent suspension imposed17481
under this section for which those points were used to impose the17482
subsequent suspension. When a United States district court that17483
has jurisdiction within this state suspends a person's driver's or17484
commercial driver's license or permit or nonresident operating17485
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.17486
4381 (1988), 18 U.S.C.A. 13, as amended, the district court17487
prepares an abstract pursuant to section 4510.031 of the Revised17488
Code, and the district court charges points against the person17489
under section 4510.036 of the Revised Code for the offense that17490
resulted in the suspension, the registrar shall credit the period17491
of suspension imposed by the district court against the time of17492
any subsequent suspension imposed under this section for which the17493
points were used to impose the subsequent suspension.17494

       (E) The registrar, upon the written request of a licensee17495
who files a petition under division (B) of this section, shall17496
furnish the licensee a certified copy of the registrar's record of17497
the convictions and bond forfeitures of the person. This record17498
shall include the name, address, and date of birth of the17499
licensee; the name of the court in which each conviction or bail17500
forfeiture took place; the nature of the offense that was the17501
basis of the conviction or bond forfeiture; and any other17502
information that the registrar considers necessary. If the record17503
indicates that twelve points or more have been charged against the17504
person within a two-year period, it is prima-facie evidence that17505
the person is a repeat traffic offender, and the registrar shall17506
suspend the person's driver's or commercial driver's license or17507
permit or nonresident operating privilege pursuant to division (B)17508
of this section.17509

       In hearing the petition and determining whether the person17510
filing the petition has shown cause why the person's driver's or17511
commercial driver's license or permit or nonresident operating17512
privilege should not be suspended, the court shall decide the17513
issue on the record certified by the registrar and any additional17514
relevant, competent, and material evidence that either the17515
registrar or the person whose license is sought to be suspended17516
submits.17517

       (F) If a petition is filed under division (B) of this17518
section in a county court, the prosecuting attorney of the county17519
in which the case is pending shall represent the registrar in the17520
proceedings, except that, if the petitioner resides in a municipal17521
corporation within the jurisdiction of the county court, the city17522
director of law, village solicitor, or other chief legal officer17523
of the municipal corporation shall represent the registrar in the17524
proceedings. If a petition is filed under division (B) of this17525
section in a municipal court, the registrar shall be represented17526
in the resulting proceedings as provided in section 1901.34 of the17527
Revised Code.17528

       (G) If the court determines from the evidence submitted that17529
a person who filed a petition under division (B) of this section17530
has failed to show cause why the person's driver's or commercial17531
driver's license or permit or nonresident operating privileges17532
should not be suspended, the court shall assess the cost of the17533
appeal proceedings against the person and shall impose the17534
applicable suspension under this section or suspend all or a17535
portion of the suspension and impose any conditions of probation17536
upon the person that the court considers proper. If the court17537
determines from the evidence submitted that a person who filed a17538
petition under division (B) of this section has shown cause why17539
the person's driver's or commercial driver's license or permit or17540
nonresident operating privileges should not be suspended, the17541
costs of the appeal proceeding shall be paid out of the county17542
treasury of the county in which the proceedings were held.17543

       (H) Any person whose driver's or commercial driver's license17544
or permit or nonresident operating privileges are suspended under17545
this section is not entitled to apply for or receive a new17546
driver's or commercial driver's license or permit or to request or17547
be granted nonresident operating privileges during the effective17548
period of the suspension.17549

       (I) Upon the termination of any suspension or other penalty17550
imposed under this section involving the surrender of license or17551
permit and upon the request of the person whose license or permit17552
was suspended or surrendered, the registrar shall return the17553
license or permit to the person upon determining that the person17554
has complied with all provisions of section 4510.038 of the17555
Revised Code or, if the registrar destroyed the license or permit17556
pursuant to section 4510.52 of the Revised Code, shall reissue the17557
person's license or permit.17558

       (J) Any person whose driver's or commercial driver's license17559
or permit or nonresident operating privileges are suspended as a17560
repeat traffic offender under this section and who, during the17561
suspension, operates any motor vehicle upon any public roads and17562
highways is guilty of a misdemeanor of the first degree, and the17563
court shall sentence the offender to a minimum term of three days17564
in jail. No court shall suspend the first three days of jail time17565
imposed pursuant to this division.17566

       (K) The registrar, in accordance with specific statutory17567
authority, may suspend the privilege of driving a motor vehicle on17568
the public roads and highways of this state that is granted to17569
nonresidents by section 4507.04 of the Revised Code.17570

       Sec. 4507.022.        Sec. 4510.038.  Any person whose driver's or17571
commercial driver's license or permit is suspended, or who is put17572
on probation or granted limited or occupational driving17573
privileges, under section 4507.021 or division (E) of section17574
4507.164510.037,under division (H) of section 4511.19, or under17575
section 4510.07 of the Revised Code for a violation of a municipal17576
ordinance that is substantially equivalent to division (B) of17577
section4511.19 of the Revised Code, is not eligible to retain the17578
person's license, or to have the person's driving privileges17579
reinstated, until each of the following has occurred:17580

       (A) The person successfully completes a course of remedial17581
driving instruction approved by the director of public safety,17582
provided the person commences taking the course after the person's17583
driver's or commercial driver's license or permit is suspended17584
under section 4507.021 or division (E) of section 4507.16 of the17585
Revised Code. A minimum of twenty-five per cent of the number of17586
hours of instruction included in the course shall be devoted to17587
instruction on driver attitude.17588

       The course also shall devote a number of hours to instruction17589
in the area of alcohol and drugs and the operation of motor17590
vehicles. The instruction shall include, but not be limited to, a17591
review of the laws governing the operation of a motor vehicle17592
while under the influence of alcohol, drugs, or botha combination17593
of them, the dangers of operating a motor vehicle while under the17594
influence of alcohol, drugs, or botha combination of them, and17595
other information relating to the operation of motor vehicles and17596
the consumption of alcoholic beverages and use of drugs. The17597
director, in consultation with the director of alcohol and drug17598
addiction services, shall prescribe the content of the17599
instruction. The number of hours devoted to the area of alcohol17600
and drugs and the operation of motor vehicles shall comprise a17601
minimum of twenty-five per cent of the number of hours of17602
instruction included in the course.17603

       (B) The person is examined in the manner provided for in17604
section 4507.20 of the Revised Code, and found by the registrar of17605
motor vehicles to be qualified to operate a motor vehicle;17606

       (C) The person gives and maintains proof of financial17607
responsibility, in accordance with section 4509.45 of the Revised17608
Code.17609

       Sec. 4510.04.  It is an affirmative defense to any17610
prosecution brought under any provision of this title, any17611
provision of Title XXIX of the Revised Code, or any substantially17612
equivalent municipal ordinance that the alleged offender drove17613
under suspension, without a valid permit or driver's or commercial17614
driver's license, or in violation of a restriction because of a17615
substantial emergency, and because no other person was reasonably17616
available to drive in response to the emergency.17617

       It is an affirmative defense to any prosecution brought under17618
section 4510.16 of the Revised Code that the order of suspension17619
resulted from the failure of the alleged offender to respond to a17620
financial responsibility random verification request under17621
division (A)(3)(c) of section 4509.101 of the Revised Code and17622
that, at the time of the initial financial responsibility random17623
verification request, the alleged offender was in compliance with17624
division (A)(1) of section 4509.101 of the Revised Code as shown17625
by proof of financial responsibility that was in effect at the17626
time of that request.17627

       Sec. 4507.1611.        Sec. 4510.05.  Except as may otherwise be provided17628
in section 4510.07 or in any other provision of the Revised Code,17629
whenever an offender is convicted of or pleads guilty to a17630
violation of a municipal ordinance that is substantially similar17631
to a provision of the Revised Code, and a court is permitted or17632
required to suspend or revoke a person's driver's or commercial17633
driver's license or permit for a violation of that provision, a17634
court, in addition to any other penalties it is authorized by law17635
to impose upon the offender, may suspend the offender's driver's17636
or commercial driver's license or permit or nonresident operating17637
privileges for the period of time the court determines17638
appropriate, or may revoke the license or permit, but in no case17639
shall the period of suspension imposed for the violation of the17640
municipal ordinance shall not exceed the period of suspension that17641
is permitted or required to be imposed for the violation of the17642
provision of the Revised Code to which the municipal ordinance is17643
substantially similar.17644

       Sec. 4507.1610.        Sec. 4510.06.  If a United States district court17645
whose jurisdiction lies within this state suspends, revokes,or17646
cancels, or forfeits the driver's or commercial driver's license17647
or, permit,or nonresident operating privileges of any person17648
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988),17649
18 U.S.C.A. 13, as amended, that suspension, revocation,or17650
cancellation, or forfeiture is deemed to operate in the same17651
manner and to have the same effect throughout this state as if it17652
were imposed under the laws of this state by a judge of a court of17653
record of this state. In such athat type of case, if the United17654
States district court observes the procedures prescribed by the17655
Revised Code and utilizes the forms prescribed by the registrar of17656
motor vehicles, the bureau of motor vehicles shall make the17657
appropriate notation or record and shall take any other action17658
that is prescribed or permitted by the Revised Code.17659

       Sec. 4507.1613.        Sec. 4510.07.  The court imposing a sentence upon17660
an offender for any violation of a municipal ordinance that is17661
substantially equivalent to a violation of section 2903.06 or17662
2907.24 of the Revised Code or for any violation of a municipal17663
OVI ordinance also shall impose a suspension of the offender's17664
driver's license, commercial driver's license, temporary17665
instruction permit, probationary license, or nonresident operating17666
privilege from the range specified in division (B) of section17667
4510.02 of the Revised Code that is equivalent in length to the17668
suspension required for a violation of section 2903.06 or 2907.2417669
or division (A) or (B) of section4511.19 of the Revised Code17670
under similar circumstances.17671

       Sec. 4510.10.  (A) As used in this section,17672
"reinstatement fees" means the fees that are required under17673
section 4507.1612, 4507.45, 4509.101, 4509.81, 4511.191, 4511.951,17674
or any other provision of the Revised Code, or under a schedule17675
established by the bureau of motor vehicles, in order to reinstate17676
a driver's or commercial driver's license or permit or nonresident17677
operating privilege of an offender under a suspension.17678

       (B) When a municipal court or county court determines in a17679
pending case involving an offender that the offender cannot17680
reasonably pay reinstatement fees due and owing by the offender17681
relative to a suspension that has been or that will be imposed in17682
the case, then the court, by order, may undertake either of the17683
following, in order of preference:17684

       (1) Establish a reasonable payment plan of not less than17685
fifty dollars per month, to be paid by the offender to the bureau17686
of motor vehicles in all succeeding months until all reinstatement17687
fees required of the offender are paid in full;17688

       (2) If the offender, but for the payment of the17689
reinstatement fees, otherwise would be entitled to operate a17690
vehicle in this state or to obtain reinstatement of the offender's17691
operating privileges, permit the offender to operate a motor17692
vehicle, as authorized by the court, until a future date upon17693
which date all reinstatement fees must be paid in full. A payment17694
extension granted under this division shall not exceed one hundred17695
eighty days, and any operating privileges granted under this17696
division shall be solely for the purpose of permitting the17697
offender occupational or "family necessity" privileges in order to17698
enable the offender to reasonably acquire the delinquent17699
reinstatement fees due and owing.17700

       (C) If a municipal court or county court, by order,17701
undertakes either activity described in division (B)(1) or (2) of17702
this section, the court, at any time after the issuance of the17703
order, may determine that a change of circumstances has occurred17704
and may amend the order as justice requires, provided that the17705
amended order also shall be an order that is permitted under17706
division (B)(1) or (2) of this section.17707

       (D) If a court enters an order of the type described in17708
division (B)(1), (B)(2), or (C) of this section, during the17709
pendency of the order, the offender in relation to whom it applies17710
is not subject to prosecution for failing to pay the reinstatement17711
fees covered by the order.17712

       Sec. 4510.11.  (A) No person whose driver's or17713
commercial driver's license or permit or nonresident operating17714
privilege has been suspended under any provision of the Revised17715
Code, other than Chapter 4509. of the Revised Code, or under any17716
applicable law in any other jurisdiction in which the person's17717
license or permit was issued shall operate any motor vehicle upon17718
the public roads and highways or upon any public or private17719
property used by the public for purposes of vehicular travel or17720
parking within this state during the period of suspension unless17721
the person is granted limited driving privileges and is operating17722
the vehicle in accordance with the terms of the limited driving17723
privileges.17724

       (B) No person shall operate any motor vehicle upon a highway17725
or any public property used by the public for purposes of17726
vehicular travel or parking in this state in violation of any17727
restriction of the person's driver's or commercial driver's17728
license or permit imposed under division (D) of section 4506.10 or17729
under section 4507.14 of the Revised Code.17730

       (C)(1) Whoever violates this section is guilty of driving17731
under suspension or in violation of a license restriction, a17732
misdemeanor of the first degree. The court shall impose upon the17733
offender a class seven suspension of the offender's driver's17734
license, commercial driver's license, temporary instruction17735
permit, probationary license, or nonresident operating privilege17736
from the range specified in division (A)(7) of section 4510.02 of17737
the Revised Code.17738

       (2) Except as provided in division (C)(3) or (4) of this17739
section, the court, in addition to any other penalty that it17740
imposes on the offender and if the vehicle is registered in the17741
offender's name, shall order the immobilization of the vehicle17742
involved in the offense and shall order the impoundment of the17743
vehicle's license plates for thirty days.17744

       (3) If the offender previously has been convicted of or17745
pleaded guilty to one violation of this section or of a17746
substantially similar municipal ordinance, the court, in addition17747
to any other sentence that it imposes on the offender and if the17748
vehicle is registered in the offender's name, shall order the17749
immobilization of the vehicle involved in the offense and shall17750
order the impoundment of the vehicle's license plates for sixty17751
days.17752

       (4) If the offender previously has been convicted of or17753
pleaded guilty to two or more violations of this section or of a17754
substantially similar municipal ordinance, the court, in addition17755
to any other sentence that it imposes on the offender and if the17756
vehicle is registered in the offender's name, shall order the17757
criminal forfeiture of the vehicle involved in the offense to the17758
state.17759

       (D) Any order for immobilization and impoundment under this17760
section shall be issued and enforced under section 4503.233 of the17761
Revised Code. The court shall not release a vehicle from17762
immobilization ordered under this section unless the court is17763
presented with current proof of financial responsibility with17764
respect to that vehicle.17765

       (E) Any order of criminal forfeiture under this section17766
shall be issued and enforced under section 4503.234 of the Revised17767
Code. Upon receipt of the copy of the order from the court,17768
neither the registrar of motor vehicles nor a deputy registrar17769
shall accept any application for the registration or transfer of17770
registration of any motor vehicle owned or leased by the person17771
named in the declaration of forfeiture. The period of17772
registration denial shall be five years after the date of the17773
order, unless, during that period, the court having jurisdiction17774
of the offense that led to the order terminates the forfeiture and17775
notifies the registrar of the termination. The registrar then17776
shall take necessary measures to permit the person to register a17777
vehicle owned or leased by the person or to transfer registration17778
of the vehicle.17779

       Sec. 4510.12.  (A)(1) No person, except those expressly17780
exempted under sections 4507.03, 4507.04, and 4507.05 of the17781
Revised Code, shall operate any motor vehicle upon a public road17782
or highway or any public or private property used by the public17783
for purposes of vehicular travel or parking in this state unless17784
the person has a valid driver's license issued under Chapter 4507.17785
of the Revised Code or a commercial driver's license issued under17786
Chapter 4506. of the Revised Code.17787

       (2) No person, except a person expressly exempted under17788
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall17789
operate any motorcycle upon a public road or highway or any public17790
or private property used by the public for purposes of vehicular17791
travel or parking in this state unless the person has a valid17792
license as a motorcycle operator that was issued upon application17793
by the registrar of motor vehicles under Chapter 4507. of the17794
Revised Code. The license shall be in the form of an endorsement,17795
as determined by the registrar, upon a driver's or commercial17796
driver's license, if the person has a valid license to operate a17797
motor vehicle or commercial motor vehicle, or in the form of a17798
restricted license as provided in section 4507.14 of the Revised17799
Code, if the person does not have a valid license to operate a17800
motor vehicle or commercial motor vehicle.17801

       (B) Whoever violates this section is guilty of operating a17802
motor vehicle without a valid license and shall be punished as17803
follows:17804

       (1) If the offender's driver's or commercial driver's17805
license or permit was expired at the time of the offense for no17806
more than six months, subject to divisions (B)(3) to (5) of this17807
section, the offense is a minor misdemeanor.17808

       (2) If the offender's driver's or commercial driver's17809
license or permit was expired at the time of the offense for more17810
than six months, subject to divisions (B)(3) to (5) of this17811
section, the offense is a misdemeanor of the fourth degree.17812

       (3) If the offender previously was convicted of or pleaded17813
guilty to one violation of this section or a substantially17814
equivalent municipal ordinance within the past three years, the17815
offense is a misdemeanor of the third degree.17816

       (4) If the offender previously was convicted of or pleaded17817
guilty to two violations of this section or a substantially17818
equivalent municipal ordinance within the past three years, the17819
offense is a misdemeanor of the second degree.17820

       (5) If the offender previously was convicted of or pleaded17821
guilty to three or more violations of this section or a17822
substantially equivalent municipal ordinance within the past three17823
years, the offense is a misdemeanor of the first degree.17824

       (C) The court shall not impose a license suspension for a17825
first violation of this section or if more than three years have17826
passed since the offender's last violation of this section or a17827
substantially equivalent municipal ordinance.17828

       (D) If the offender was convicted of or pleaded guilty to17829
one or more violations of this section or a substantially17830
equivalent municipal ordinance within the past three years, and if17831
the offender's license was expired for more than six months at the17832
time of the offense, the court shall impose a class seven17833
suspension of the offender's driver license, commercial driver's17834
license, temporary instruction permit, probationary license, or17835
nonresident operating privilege from the range specified in17836
division (A)(7) of section 4510.02 of the Revised Code.17837

       Sec. 4510.13.  (A)(1) Divisions (A)(2) to (7) of this17838
section apply to a judge or mayor regarding the suspension of, or17839
the grant of limited driving privileges during, a suspension of an17840
offender's driver's or commercial driver's license or permit or17841
nonresident operating privilege imposed under division (G) or (H)17842
of section 4511.19 of the Revised Code, under division (B) or (C)17843
of section 4511.191 of the Revised Code, or under section 4510.0717844
of the Revised Code for a conviction of a violation of a municipal17845
OVI ordinance.17846

       (2) No judge or mayor shall suspend the following portions17847
of the suspension of an offender's driver's or commercial driver's17848
license or permit or nonresident operating privilege imposed under17849
division (G) or (H) of section 4511.19 of the Revised Code or17850
under section 4510.07 of the Revised Code for a conviction of a17851
violation of a municipal OVI ordinance, provided that division17852
(A)(2) of this section does not limit a court or mayor in17853
crediting any period of suspension imposed pursuant to division17854
(B) or (C) of section 4511.191 of the Revised Code against any17855
time of judicial suspension imposed pursuant to section 4511.19 or17856
4510.07 of the Revised Code, as described in divisions (B)(2) and17857
(C)(2) of section 4511.191 of the Revised Code:17858

       (a) The first six months of a suspension imposed under17859
division (G)(1)(a) of section 4511.19 of the Revised Code or of a17860
comparable length suspension imposed under section 4510.07 of the17861
Revised Code;17862

       (b) The first year of a suspension imposed under division17863
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a17864
comparable length suspension imposed under section 4510.07 of the17865
Revised Code;17866

       (c) The first three years of a suspension imposed under17867
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code17868
or of a comparable length suspension imposed under section 4510.0717869
of the Revised Code;17870

       (d) The first sixty days of a suspension imposed under17871
division (H) of section 4511.19 of the Revised Code or of a17872
comparable length suspension imposed under section 4510.07 of the17873
Revised Code.17874

       (3) No judge or mayor shall grant limited driving privileges17875
to an offender whose driver's or commercial driver's license or17876
permit or nonresident operating privilege has been suspended under17877
division (G) or (H) of section 4511.19 of the Revised Code, under17878
division (C) of section 4511.191 of the Revised Code, or under17879
section 4510.07 of the Revised Code for a municipal OVI conviction17880
if the offender, within the preceding six years, has been17881
convicted of or pleaded guilty to three or more violations of one17882
or more of the Revised Code sections, municipal ordinances,17883
statutes of the United States or another state, or municipal17884
ordinances of a municipal corporation of another state that are17885
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the17886
Revised Code.17887

       Additionally, no judge or mayor shall grant limited driving17888
privileges to an offender whose driver's or commercial driver's17889
license or permit or nonresident operating privilege has been17890
suspended under division (B) of section 4511.191 of the Revised17891
Code if the offender, within the preceding six years, has refused17892
three previous requests to consent to a chemical test of the17893
person's whole blood, blood serum or plasma, breath, or urine to17894
determine its alcohol content.17895

       (4) No judge or mayor shall grant limited driving privileges17896
for employment as a driver of commercial motor vehicles to an17897
offender whose driver's or commercial driver's license or permit17898
or nonresident operating privilege has been suspended under17899
division (G) or (H) of section 4511.19 of the Revised Code, under17900
division (B) or (C) of section 4511.191 of the Revised Code, or17901
under section 4510.07 of the Revised Code for a municipal OVI17902
conviction if the offender is disqualified from operating a17903
commercial motor vehicle, or whose license or permit has been17904
suspended, under section 3123.58 or 4506.16 of the Revised Code.17905

       (5) No judge or mayor shall grant limited driving privileges17906
to an offender whose driver's or commercial driver's license or17907
permit or nonresident operating privilege has been suspended under17908
division (G) or (H) of section 4511.19 of the Revised Code, under17909
division (C) of section 4511.191 of the Revised Code, or under17910
section 4510.07 of the Revised Code for a conviction of a17911
violation of a municipal OVI ordinance during any of the following17912
periods of time:17913

       (a) The first fifteen days of a suspension imposed under17914
division (G)(1)(a) of section 4511.19 of the Revised Code or a17915
comparable length suspension imposed under section 4510.07 of the17916
Revised Code, or of a suspension imposed under division (C)(1)(a)17917
of section 4511.191 of the Revised Code. On or after the17918
sixteenth day of the suspension, the court may grant limited17919
driving privileges, but the court may require that the offender17920
shall not exercise the privileges unless the vehicles the offender17921
operates are equipped with immobilizing or disabling devices that17922
monitor the offender's alcohol consumption or any other type of17923
immobilizing or disabling devices, except as provided in division17924
(C) of section 4510.43 of the Revised Code.17925

       (b) The first thirty days of a suspension imposed under17926
division (G)(1)(b) of section 4511.19 of the Revised Code or a17927
comparable length suspension imposed under section 4510.07 of the17928
Revised Code, or of a suspension imposed under division (C)(1)(b)17929
of section 4511.191 of the Revised Code. On or after the17930
thirty-first day of suspension, the court may grant limited17931
driving privileges, but the court may require that the offender17932
shall not exercise the privileges unless the vehicles the offender17933
operates are equipped with immobilizing or disabling devices that17934
monitor the offender's alcohol consumption or any other type of17935
immobilizing or disabling devices, except as provided in division17936
(C) of section 4510.43 of the Revised Code.17937

       (c) The first sixty days of a suspension imposed under17938
division (H) of section 4511.19 of the Revised Code or a17939
comparable length suspension imposed under section 4510.07 of the17940
Revised Code.17941

       (d) The first one hundred eighty days of a suspension17942
imposed under division (G)(1)(c) of section 4511.19 of the Revised17943
Code or a comparable length suspension imposed under section17944
4510.07 of the Revised Code, or of a suspension imposed under17945
division (C)(1)(c) of section 4511.191 of the Revised Code. The17946
judge may grant limited driving privileges on or after the one17947
hundred eighty-first day of the suspension only if the judge, at17948
the time of granting the privileges, also issues an order17949
prohibiting the offender, while exercising the privileges during17950
the period commencing with the one hundred eighty-first day of17951
suspension and ending with the first year of suspension, from17952
operating any motor vehicle unless it is equipped with an17953
immobilizing or disabling device that monitors the offender's17954
alcohol consumption. After the first year of the suspension, the17955
court may authorize the offender to continue exercising the17956
privileges in vehicles that are not equipped with immobilizing or17957
disabling devices that monitor the offender's alcohol consumption,17958
except as provided in division (C) of section 4510.43 of the17959
Revised Code. If the offender does not petition for limited17960
driving privileges until after the first year of suspension, the17961
judge may grant limited driving privileges without requiring the17962
use of an immobilizing or disabling device that monitors the17963
offender's alcohol consumption.17964

       (e) The first three years of a suspension imposed under17965
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code17966
or a comparable length suspension imposed under section 4510.07 of17967
the Revised Code, or of a suspension imposed under division17968
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may17969
grant limited driving privileges after the first three years of17970
suspension only if the judge, at the time of granting the17971
privileges, also issues an order prohibiting the offender from17972
operating any motor vehicle, for the period of suspension17973
following the first three years of suspension, unless the motor17974
vehicle is equipped with an immobilizing or disabling device that17975
monitors the offender's alcohol consumption, except as provided in17976
division (C) of section 4510.43 of the Revised Code.17977

       (6) No judge or mayor shall grant limited driving privileges17978
to an offender whose driver's or commercial driver's license or17979
permit or nonresident operating privilege has been suspended under17980
division (B) of section 4511.191 of the Revised Code during any of17981
the following periods of time:17982

       (a) The first thirty days of suspension imposed under17983
division (B)(1)(a) of section 4511.191 of the Revised Code;17984

       (b) The first ninety days of suspension imposed under17985
division (B)(1)(b) of section 4511.191 of the Revised Code;17986

       (c) The first year of suspension imposed under division17987
(B)(1)(c) of section 4511.191 of the Revised Code;17988

       (d) The first three years of suspension imposed under17989
division (B)(1)(d) of section 4511.191 of the Revised Code.17990

       (7) In any case in which a judge or mayor grants limited17991
driving privileges to an offender whose driver's or commercial17992
driver's license or permit or nonresident operating privilege has17993
been suspended under division (G) of section 4511.19 of the17994
Revised Code or under section 4510.07 of the Revised Code for a17995
municipal OVI conviction, the judge or mayor shall impose as a17996
condition of the privileges that the offender must display on the17997
vehicle that is driven subject to the privileges restricted17998
license plates that are issued under section 4503.231 of the17999
Revised Code, except as provided in division (B) of that section.18000

       (B) Any person whose driver's or commercial driver's license18001
or permit or nonresident operating privilege has been suspended18002
pursuant to section 4511.19 or 4511.191 of the Revised Code or18003
under section 4510.07 of the Revised Code for a violation of a18004
municipal OVI ordinance may file a petition for limited driving18005
privileges during the suspension. The person shall file the18006
petition in the court that has jurisdiction over the place of18007
arrest. Subject to division (A) of this section, the court may18008
grant the person limited driving privileges during the period18009
during which the suspension otherwise would be imposed. However,18010
the court shall not grant the privileges for employment as a18011
driver of a commercial motor vehicle to any person who is18012
disqualified from operating a commercial motor vehicle under18013
section 4506.16 of the Revised Code or during any of the periods18014
prescribed by division (A) of this section.18015

       (C)(1) After a driver's or commercial driver's license or18016
permit or nonresident operating privilege has been suspended18017
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4511.19,18018
4511.251, 4549.02, 4549.021, or 5743.99 of the Revised Code, any18019
provision of Chapter 2925. of the Revised Code, or section 4510.0718020
of the Revised Code for a violation of a municipal OVI ordinance,18021
the judge of the court or mayor of the mayor's court that18022
suspended the license, permit, or privilege shall cause the18023
offender to deliver to the court the license or permit. The18024
judge, mayor, or clerk of the court or mayor's court shall forward18025
to the registrar the license or permit together with notice of the18026
action of the court.18027

       (2) A suspension of a commercial driver's license under any18028
section or chapter identified in division (C)(1) of this section18029
shall be concurrent with any period of suspension or18030
disqualification under section 3123.58 or 4506.16 of the Revised18031
Code. No person who is disqualified for life from holding a18032
commercial driver's license under section 4506.16 of the Revised18033
Code shall be issued a driver's license under this chapter during18034
the period for which the commercial driver's license was suspended18035
under this section, and no person whose commercial driver's18036
license is suspended under any section or chapter identified in18037
division (C)(1) of this section shall be issued a driver's license18038
under Chapter 4507. of the Revised Code during the period of the18039
suspension.18040

       (D) The judge of the court or mayor of the mayor's court18041
shall credit any time during which an offender was subject to an18042
administrative suspension of the offender's driver's or commercial18043
driver's license or permit or nonresident operating privilege18044
imposed pursuant to section 4511.191 or 4511.192 of the Revised18045
Code or a suspension imposed by a judge, referee, or mayor18046
pursuant to division (B)(1) or (2) of section 4511.196 of the18047
Revised Code against the time to be served under a related18048
suspension imposed pursuant to any section or chapter identified18049
in division (C)(1) of this chapter.18050

       (E) The judge or mayor shall notify the bureau of motor18051
vehicles of any determinations made pursuant to this section and18052
of any suspension imposed pursuant to any section or chapter18053
identified in division (C)(1) of this section.18054

       (F)(1) If a court issues an immobilizing or disabling device18055
order under section 4510.43 of the Revised Code, the order shall18056
authorize the offender during the specified period to operate a18057
motor vehicle only if it is equipped with an immobilizing or18058
disabling device, except as provided in division (C) of that18059
section. The court shall provide the offender with a copy of an18060
immobilizing or disabling device order issued under section18061
4510.43 of the Revised Code, and the offender shall use the copy18062
of the order in lieu of an Ohio driver's or commercial driver's18063
license or permit until the registrar or a deputy registrar issues18064
the offender a restricted license.18065

       An order issued under section 4510.43 of the Revised Code18066
does not authorize or permit the offender to whom it has been18067
issued to operate a vehicle during any time that the offender's18068
driver's or commercial driver's license or permit is suspended18069
under any other provision of law.18070

       (2) An offender may present an immobilizing or disabling18071
device order to the registrar or to a deputy registrar. Upon18072
presentation of the order to the registrar or a deputy registrar,18073
the registrar or deputy registrar shall issue the offender a18074
restricted license. A restricted license issued under this18075
division shall be identical to an Ohio driver's license, except18076
that it shall have printed on its face a statement that the18077
offender is prohibited during the period specified in the court18078
order from operating any motor vehicle that is not equipped with18079
an immobilizing or disabling device. The date of commencement and18080
the date of termination of the period of suspension shall be18081
indicated conspicuously upon the face of the license.18082

       Sec. 4510.14.  (A) No person whose driver's or commercial18083
driver's license or permit or nonresident operating privilege has18084
been suspended under section 4511.19. 4511.191, or 4511.196 of the18085
Revised Code or under section 4510.07 of the Revised Code for a18086
conviction of a violation of a municipal OVI ordinance shall18087
operate any motor vehicle upon the public roads or highways within18088
this state during the period of the suspension. 18089

       (B) Whoever violates this section is guilty of driving under18090
OVI suspension. The court shall sentence the offender under18091
Chapter 2929. of the Revised Code, subject to the differences18092
authorized or required by this section.18093

       (1) Except as otherwise provided in division (B)(2) or (3)18094
of this section, driving under OVI suspension is a misdemeanor of18095
the first degree. The court shall sentence the offender to all of18096
the following:18097

       (a) A mandatory jail term of three consecutive days. The18098
three-day term shall be imposed, unless, subject to division (C)18099
of this section, the court instead imposes a sentence of not less18100
than thirty consecutive days of electronically monitored house18101
arrest. A period of electronically monitored house arrest imposed18102
under this division shall not exceed six months.18103

       (b) A fine of not less than two hundred fifty and not more18104
than one thousand dollars;18105

       (c) A license suspension under division (E) of this section;18106

       (d) If the vehicle the offender was operating at the time of18107
the offense is registered in the offender's name, immobilization18108
for thirty days of the offender's vehicle and impoundment for18109
thirty days of the identification license plates of that vehicle.18110
The order for immobilization and impoundment shall be issued and18111
enforced in accordance with section 4503.233 of the Revised Code.18112

       (2) If, within six years of the offense, the offender18113
previously has been convicted of or pleaded guilty to one18114
violation of this section or one equivalent offense, driving under18115
OVI suspension is a misdemeanor of the first degree. The court18116
shall sentence the offender to all of the following:18117

       (a) A mandatory jail term of ten consecutive days. 18118
Notwithstanding the terms of imprisonment provided in Chapter18119
2929. of the Revised Code, the court may sentence the offender to18120
a longer jail term of not more than one year. The ten-day18121
mandatory jail term shall be imposed unless, subject to division18122
(C) of this section, the court instead imposes a sentence of not18123
less than ninety consecutive days of electronically monitored18124
house arrest. The period of electronically monitored house arrest18125
shall not exceed one year. 18126

        (b) Notwithstanding the fines provided for in Chapter 2929.18127
of the Revised Code, a fine of not less than five hundred and not18128
more than two thousand five hundred dollars;18129

       (c) A license suspension under division (E) of this section;18130

       (d) If the vehicle the offender was operating at the time of18131
the offense is registered in the offender's name, immobilization18132
of the offender's vehicle for sixty days and the impoundment for18133
sixty days of the identification license plates of that vehicle. 18134
The order for immobilization and impoundment shall be issued and18135
enforced in accordance with section 4503.233 of the Revised Code.18136

       (3) If, within six years of the offense, the offender18137
previously has been convicted of or pleaded guilty to two or more18138
violations of this section or two or more equivalent offenses,18139
driving under OVI suspension is a misdemeanor. The court shall18140
sentence the offender to all of the following:18141

       (a) A mandatory jail term of thirty consecutive days.18142
Notwithstanding the terms of imprisonment provided in Chapter18143
2929. of the Revised Code, the court may sentence the offender to18144
a longer jail term of not more than one year. The court shall not18145
sentence the offender to a term of electronically monitored house18146
arrest in lieu of the mandatory portion of the jail term. 18147

       (b) Notwithstanding the fines set forth in Chapter 2929. of18148
the Revised Code, a fine of not less than five hundred and not18149
more than two thousand five hundred dollars;18150

       (c) A license suspension under division (E) of this section;18151

       (d) If the vehicle the offender was operating at the time of18152
the offense is registered in the offender's name, criminal18153
forfeiture to the state of the offender's vehicle. The order of18154
criminal forfeiture shall be issued and enforced in accordance18155
with section 4503.234 of the Revised Code. If title to a motor18156
vehicle that is subject to an order for criminal forfeiture under18157
this division is assigned or transferred and division (B)(2) or18158
(3) of section 4503.234 of the Revised Code applies, the court may18159
fine the offender the value of the vehicle as determined by18160
publications of the national auto dealer's association. The18161
proceeds from any fine so imposed shall be distributed in18162
accordance with division (C)(2) of section 4503.234 of the Revised18163
Code.18164

       (C) No court shall impose an alternative sentence of18165
electronically monitored house arrest under division (B)(1) or (2)18166
of this section unless, within sixty days of the date of18167
sentencing, the court issues a written finding on the record that,18168
due to the unavailability of space at the jail where the offender18169
is required to serve the jail term imposed, the offender will not18170
be able to begin serving that term within the sixty-day period18171
following the date of sentencing.18172

       An offender sentenced under this section to a period of18173
electronically monitored house arrest shall be permitted work18174
release during that period.18175

       (D) Fifty per cent of any fine imposed by a court under18176
division (B)(1), (2), or (3) of this section shall be deposited18177
into the county indigent drivers alcohol treatment fund or18178
municipal indigent drivers alcohol treatment fund under the18179
control of that court, as created by the county or municipal18180
corporation pursuant to division (H) of section 4511.191 of the18181
Revised Code.18182

       (E) In addition to or independent of all other penalties18183
provided by law or ordinance, the trial judge of any court of18184
record or the mayor of a mayor's court shall impose on an offender18185
who is convicted of or pleads guilty to a violation of this18186
section a class seven suspension of the offender's driver's or18187
commercial driver's license or permit or nonresident operating18188
privilege from the range specified in division (A)(7) of section18189
4510.02 of the Revised Code.18190

       When permitted as specified in section 4510.021 of the18191
Revised Code, if the court grants limited driving privileges18192
during a suspension imposed under this section, the privileges18193
shall be granted on the additional condition that the offender18194
must display restricted license plates, issued under section18195
4503.231 of the Revised Code, on the vehicle driven subject to the18196
privileges, except as provided in division (B) of that section.18197

       A suspension of a commercial driver's license under this18198
section shall be concurrent with any period of suspension or18199
disqualification under section 3123.58 or 4506.16 of the Revised18200
Code. No person who is disqualified for life from holding a18201
commercial driver's license under section 4506.16 of the Revised18202
Code shall be issueda driver's license under Chapter 4507. of the18203
Revised Code during the period for which the commercial driver's18204
license was suspended under this section, and no person whose18205
commercial driver's license is suspended under this section shall18206
be issued a driver's license under Chapter 4507. of the Revised18207
Code during the period of the suspension.18208

       (F) As used in this section:18209

       (1) "Electronically monitored house arrest" has the same18210
meaning as in section 2929.23 of the Revised Code.18211

       (2) "Equivalent offense" means any of the following:18212

       (a) A violation of a municipal ordinance, law of another18213
state, or law of the United States that is substantially18214
equivalent to division (A) of this section;18215

       (b) A violation of a former law of this state that was18216
substantially equivalent to division (A) of this section. 18217

       (3) "Jail" has the same meaning as in section 2929.01 of the18218
Revised Code.18219

       (4) "Mandatory jail term" means the mandatory term in jail18220
of three, ten, or thirty consecutive days that must be imposed18221
under division (B)(1), (2), or (3) of this section upon an18222
offender convicted of a violation of division (A) of this section18223
and in relation to which all of the following apply:18224

       (a) Except as specifically authorized under this section,18225
the term must be served in a jail.18226

       (b) Except as specifically authorized under this section,18227
the term cannot be suspended, reduced, or otherwise modified18228
pursuant to section 2929.51, 2951.02, or any other provision of18229
the Revised Code.18230

       Sec. 4507.34.        Sec. 4510.15.  Whenever a person is found guilty of18231
reckless operation of a motor vehicle under the laws of this state18232
or under any ordinance of any political subdivision of this state,18233
of operating a motor vehicle in violation of such laws or18234
ordinances, relating to reckless operation, the trial court of any18235
court of record may, in addition to or independent of all other18236
penalties provided by law, suspend for any period of time or18237
revoke themay impose a class five suspension of the offender's18238
driver's license or commercial driver's license of any person so18239
convicted or pleading guilty to such offenses for any period that18240
it determines, not to exceed one yearor permit or nonresident18241
operating privilege from the range specified in division (A)(5) of18242
section 4510.02 of the Revised Code.18243

       Suspension of a commercial driver's license under this18244
section shall be concurrent with any period of suspension18245
disqualification under section 3123.6113123.58 or 4506.16 of the18246
Revised Code or period of suspension under section 3123.58 of the18247
Revised Code. No person who is disqualified for life from holding18248
a commercial driver's license under section 4506.16 of the Revised18249
Code shall be issued a driver's license under this chapterChapter18250
4507. of the Revised Code during the period for which the18251
commercial driver's license was suspended under this section, and18252
no person whose commercial driver's license is suspended under18253
this section shall be issued a driver's license under this chapter18254
Chapter 4507. of the Revised Code during the period of the18255
suspension.18256

       Sec. 4510.16.  (A) No person, whose driver's or commercial18257
driver's license or temporary instruction permit or nonresident's18258
operating privilege has been suspended or canceled pursuant to18259
Chapter 4509. of the Revised Code, shall operate any motor vehicle18260
within this state, or knowingly permit any motor vehicle owned by18261
the person to be operated by another person in the state, during18262
the period of the suspension or cancellation, except as18263
specifically authorized by Chapter 4509. of the Revised Code. No18264
person shall operate a motor vehicle within this state, or18265
knowingly permit any motor vehicle owned by the person to be18266
operated by another person in the state, during the period in18267
which the person is required by section 4509.45 of the Revised18268
Code to file and maintain proof of financial responsibility for a18269
violation of section 4509.101 of the Revised Code, unless proof of18270
financial responsibility is maintained with respect to that18271
vehicle.18272

       (B)(1) Whoever violates this section is guilty of driving18273
under financial responsibility law suspension or cancellation, a18274
misdemeanor of the first degree. The registrar of motor vehicles18275
shall impose a class E suspension of the offender's driver's or18276
commercial driver's license or permit or nonresident operating18277
privilege for the period of time specified in division (B)(5) of18278
section 4510.02 of the Revised Code.18279

       (2) If the offender previously has not been convicted of or18280
pleaded guilty to a violation of this section or a substantially18281
similar municipal ordinance and if the vehicle is registered in18282
the offender's name, the court, in addition to or independent of18283
any other sentence that it imposes upon the offender, shall order18284
the immobilization for thirty days of the vehicle involved in the18285
offense and the impoundment for thirty days of the license plates18286
of that vehicle.18287

       (3) If the offender previously has been convicted of or18288
pleaded guilty to one violation of this section or a substantially18289
similar municipal ordinance and if the vehicle is registered in18290
the offender's name, the court, in addition to or independent of18291
any other sentence that it imposes upon the offender, shall order18292
the immobilization for sixty days of the vehicle involved in the18293
offense and impoundment for sixty days of the license plates of18294
that vehicle.18295

       (4) If the offender previously has been convicted of or18296
pleaded guilty to two or more violations of this section or a18297
substantially similar municipal ordinance and if the vehicle is18298
registered in the offender's name, the court in addition to or18299
independent of any other sentence that it imposes upon the18300
offender, shall order the criminal forfeiture to the state of the18301
vehicle involved in the offense.18302

       (C) Any order for immobilization and impoundment under this18303
section shall be issued and enforced in accordance with sections18304
4503.233 and 4507.02 of the Revised Code, as applicable. Any18305
order of criminal forfeiture shall be issued and enforced in18306
accordance with section 4503.234 of the Revised Code. The court18307
shall not release a vehicle from immobilization orders under this18308
section unless the court is presented with current proof of18309
financial responsibility with respect to that vehicle.18310

       Sec. 4507.361.        Sec. 4510.161.  (A) The requirements and sanctions18311
imposed by divisions (B) and (C) of this section are an adjunct to18312
and derive from the state's exclusive authority over the18313
registration and titling of motor vehicles and do not comprise a18314
part of the criminal sentence to be imposed upon a person who18315
violates a municipal ordinance that is substantially equivalent to18316
section 4510.14 or to division (B)(1) or (D)(2)(A) of section18317
4507.024510.16 of the Revised Code.18318

       (B) If a person is convicted of or pleads guilty to a18319
municipal ordinance that is substantially equivalent to division18320
(B)(1)(A) of section 4507.024510.16 of the Revised Code, the18321
court, in addition to and independent of any sentence that it18322
imposes upon the offender for the offense, regardless of whether18323
if the vehicle the offender was operating at the time of the18324
offense is registered in histhe offender's name or in the name of18325
another person, and subject to section 4503.235 of the Revised18326
Code, shall do whichever of the following is applicable:18327

       (1) If, within five years of the current offense, the18328
offender has not been convicted of or pleaded guilty to a18329
violation of division (A) of section 4510.16 or former division18330
(B)(1) of section 4507.02 of the Revised Code or a municipal18331
ordinance that is substantially equivalent to thateither18332
division, the court shall order the immobilization for thirty days18333
of the vehicle the offender was operating at the time of the18334
offense and the impoundment for thirty days of the identification18335
license plates of that vehicle.18336

       (2) If, within five years of the current offense, the18337
offender has been convicted of or pleaded guilty to one violation18338
of division (A) of section 4510.16 or former division (B)(1) of18339
section 4507.02 of the Revised Code or a municipal ordinance that18340
is substantially equivalent to thateither division, the court18341
shall order the immobilization for sixty days of the vehicle the18342
offender was operating at the time of the offense and the18343
impoundment for sixty days of the identification license plates of18344
that vehicle.18345

       (3) If, within five years of the current offense, the18346
offender has been convicted of or pleaded guilty to two or more18347
violations of division (A) of section 4510.16 or former division18348
(B)(1) of section 4507.02 of the Revised Code or a municipal18349
ordinance that is substantially equivalent to thateither18350
division, the court shall order the criminal forfeiture to the18351
state of the vehicle the offender was operating at the time of the18352
offense. The order of criminal forfeiture shall be issued and18353
enforced in accordance with section 4503.234 of the Revised Code.18354

       (C) If a person is convicted of or pleads guilty to a18355
municipal ordinance that is substantially equivalent to division18356
(D)(2) of section 4507.024510.14 of the Revised Code, the court,18357
in addition to and independent of any sentence that it imposes18358
upon the offender for the offense, regardless of whetherif the18359
vehicle the offender was operating at the time of the offense is18360
registered in histhe offender's name or in the name of another18361
person, and subject to section 4503.235 of the Revised Code, shall18362
do whichever of the following is applicable:18363

       (1) If, within five years of the current offense, the18364
offender has not been convicted of or pleaded guilty to a18365
violation of section 4510.14 or former division (D)(2) of section18366
4507.02 of the Revised Code or a municipal ordinance that is18367
substantially equivalent to that section or former division, the18368
court shall order the immobilization for thirty days of the18369
vehicle the offender was operating at the time of the offense and18370
the impoundment for thirty days of the identification license18371
plates of that vehicle.18372

       (2) If, within five years of the current offense, the18373
offender has been convicted of or pleaded guilty to one violation18374
of section 4510.14 or former division (D)(2) of section 4507.02 of18375
the Revised Code or a municipal ordinance that is substantially18376
equivalent to that section or former division, the court shall18377
order the immobilization for sixty days of the vehicle the18378
offender was operating at the time of the offense and the18379
impoundment for sixty days of the identification license plates of18380
that vehicle.18381

       (3) If, within five years of the current offense, the18382
offender has been convicted of or pleaded guilty to two or more18383
violations of section 4510.14 or former division (D)(2) of section18384
4507.02 of the Revised Code or a municipal ordinance that is18385
substantially equivalent to that section or former division, the18386
court shall order the criminal forfeiture to the state of the18387
vehicle the offender was operating at the time of the offense.18388

       (D) An order of criminal forfeiture issued pursuant to this18389
section shall be issued and enforced in accordance with section18390
4503.234 of the Revised Code. An order for the immobilization and18391
impoundment of a vehicle that issued pursuant to this section18392
shall be issued and enforced in accordance with section 4503.23318393
of the Revised Code.18394

       Sec. 4507.169.        Sec. 4510.17.  (A) The registrar of motor vehicles18395
shall suspend for the period of time specified in this division18396
the driver's or commercial driver's license or permit of, or deny18397
for such period of time the issuance of a driver's or commercial18398
driver's license or permit to,impose a class D suspension of the18399
person's driver's license, commercial driver's license, temporary18400
instruction permit, probationary license, or nonresident operating18401
privilege for the period of time specified in division (B)(4) of18402
section 4510.02 of the Revised Code on any person who is a18403
resident of this state and is convicted of or pleads guilty to a18404
violation of a statute of any other state or any federal statute18405
that is substantially similar to section 2925.02, 2925.03,18406
2925.04, 2925.05, 2925.06, 2925.07, 2925.11, 2925.12, 2925.13,18407
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.3718408
of the Revised Code. Upon receipt of a report from a court, court18409
clerk, or other official of any other state or from any federal18410
authority that a resident of this state was convicted of or18411
pleaded guilty to an offense described in this division, the18412
registrar shall send a notice by regular first class mail to the18413
person, at the person's last known address as shown in the records18414
of the bureau of motor vehicles, informing the person of the18415
suspension or denial, that the suspension or denial will take18416
effect twenty-one days from the date of the notice, and that, if18417
the person wishes to appeal the suspension or denial, the person18418
must file a notice of appeal within twenty-one days of the date of18419
the notice requesting a hearing on the matter. If the person18420
requests a hearing, the registrar shall hold the hearing not more18421
than forty days after receipt by the registrar of the notice of18422
appeal. The filing of a notice of appeal does not stay the18423
operation of the suspension or denial that must be imposed18424
pursuant to this division. The scope of the hearing shall be18425
limited to whether the person actually was convicted of or pleaded18426
guilty to the offense for which the suspension or denial is to be18427
imposed.18428

       The period of suspension or denial the registrar is required18429
to impose under this division shall end either on the last day of18430
any period ofthe class D suspension period or of the suspension18431
of the person's nonresident operating privilege imposed by the18432
state or federal court located in the other state, or the date six18433
months and twenty-one days from the date of the notice sent by the18434
registrar to the person under this division, whichever is earlier.18435

       The registrar shall subscribe to or otherwise participate in18436
any information system or register, or enter into reciprocal and18437
mutual agreements with other states and federal authorities, in18438
order to facilitate the exchange of information with other states18439
and the United States government regarding persons who plead18440
guilty to or are convicted of offenses described in this division18441
and therefore are subject to the suspension or denial described in18442
this division.18443

       (B) The registrar shall suspend for the period of time18444
specified in this division the driver's or commercial driver's18445
license or permit of, or deny for such period of time the issuance18446
of a driver's or commercial driver's license or permit to,impose18447
a class D suspension of the person's driver's license, commercial18448
driver's license, temporary instruction permit, probationary18449
license, or nonresident operating privilege for the period of time18450
specified in division (B)(4) of section 4510.02 of the Revised18451
Code on any person who is a resident of this state and is18452
convicted of or pleads guilty to a violation of a statute of any18453
other state or a municipal ordinance of a municipal corporation18454
located in any other state that is substantially similar to18455
section 4511.19 of the Revised Code. Upon receipt of a report18456
from another state made pursuant to section 4507.604510.61 of the18457
Revised Code indicating that a resident of this state was18458
convicted of or pleaded guilty to an offense described in this18459
division, the registrar shall send a notice by regular first class18460
mail to the person, at the person's last known address as shown in18461
the records of the bureau of motor vehicles, informing the person18462
of the suspension or denial, that the suspension or denial will18463
take effect twenty-one days from the date of the notice, and that,18464
if the person wishes to appeal the suspension or denial, the18465
person must file a notice of appeal within twenty-one days of the18466
date of the notice requesting a hearing on the matter. If the18467
person requests a hearing, the registrar shall hold the hearing18468
not more than forty days after receipt by the registrar of the18469
notice of appeal. The filing of a notice of appeal does not stay18470
the operation of the suspension or denial that must be imposed18471
pursuant to this division. The scope of the hearing shall be18472
limited to whether the person actually was convicted of or pleaded18473
guilty to the offense for which the suspension or denial is to be18474
imposed.18475

       The period of suspension or denial the registrar is required18476
to impose under this division shall end either on the last day of18477
any period ofthe class D suspension period or of the suspension18478
of the person's nonresident operating privilege imposed by the18479
state or federal court located in the other state, or the date six18480
months and twenty-one days from the date of the notice sent by the18481
registrar to the person under this division, whichever is earlier.18482

       (C) The registrar shall suspend for the period of time18483
specified in this division the driver's or commercial driver's18484
license or permit of, or deny for such period of time the issuance18485
of a driver's or commercial driver's license or permit to,impose18486
a class D suspension of the child's driver's license, commercial18487
driver's license, temporary instruction permit, or nonresident18488
operating privilege for the period of time specified in division18489
(B)(4) of section 4510.02 of the Revised Code on any child who is18490
a resident of this state and is convicted of or pleads guilty to a18491
violation of a statute of any other state or any federal statute18492
that is substantially similar to section 2925.02, 2925.03,18493
2925.04, 2925.05, 2925.06, 2925.07, 2925.11, 2925.12, 2925.13,18494
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.3718495
of the Revised Code. Upon receipt of a report from a court, court18496
clerk, or other official of any other state or from any federal18497
authority that a child who is a resident of this state was18498
convicted of or pleaded guilty to an offense described in this18499
division, the registrar shall send a notice by regular first class18500
mail to the child, at the child's last known address as shown in18501
the records of the bureau of motor vehicles, informing the child18502
of the suspension or denial, that the suspension or denial will18503
take effect twenty-one days from the date of the notice, and that,18504
if the child wishes to appeal the suspension or denial, the child18505
must file a notice of appeal within twenty-one days of the date of18506
the notice requesting a hearing on the matter. If the child18507
requests a hearing, the registrar shall hold the hearing not more18508
than forty days after receipt by the registrar of the notice of18509
appeal. The filing of a notice of appeal does not stay the18510
operation of the suspension or denial that must be imposed18511
pursuant to this division. The scope of the hearing shall be18512
limited to whether the child actually was convicted of or pleaded18513
guilty to the offense for which the suspension or denial is to be18514
imposed.18515

       The period of suspension the registrar is required to impose18516
under this division shall end either on the last day of any period18517
ofthe class D suspension period or of the suspension of the18518
child's nonresident operating privilege imposed by the state or18519
federal court located in the other state, or the date six months18520
and twenty-one days from the date of the notice sent by the18521
registrar to the child under this division, whichever is earlier.18522
If the child is a resident of this state who is sixteen years of18523
age or older and does not have a current, valid Ohio driver's or18524
commercial driver's license or permit, the notice shall inform the18525
child that the child will be denied issuance of a driver's or18526
commercial driver's license or permit for six months beginning on18527
the date of the notice. If the child has not attained the age of18528
sixteen years on the date of the notice, the notice shall inform18529
the child that the period of denial of six months shall commence18530
on the date the child attains the age of sixteen years.18531

       The registrar shall subscribe to or otherwise participate in18532
any information system or register, or enter into reciprocal and18533
mutual agreements with other states and federal authorities, in18534
order to facilitate the exchange of information with other states18535
and the United States government regarding children who are18536
residents of this state and plead guilty to or are convicted of18537
offenses described in this division and therefore are subject to18538
the suspension or denial described in this division.18539

       (D) The registrar shall suspend for the period of time18540
specified in this division the driver's or commercial driver's18541
license or permit of, or deny for such period of time the issuance18542
of a driver's or commercial driver's license or permit to,impose18543
a class D suspension of the child's driver's license, commercial18544
driver's license, temporary instruction permit, probationary18545
license, or nonresident operating privilege for the period of time18546
specified in division (B)(4) of section 4510.02 of the Revised18547
Code on any child who is a resident of this state and is convicted18548
of or pleads guilty to a violation of a statute of any other state18549
or a municipal ordinance of a municipal corporation located in any18550
other state that is substantially similar to section 4511.19 of18551
the Revised Code. Upon receipt of a report from another state18552
made pursuant to section 4507.604510.61 of the Revised Code18553
indicating that a child who is a resident of this state was18554
convicted of or pleaded guilty to an offense described in this18555
division, the registrar shall send a notice by regular first class18556
mail to the child, at the child's last known address as shown in18557
the records of the bureau of motor vehicles, informing the child18558
of the suspension or denial, that the suspension or denial will18559
take effect twenty-one days from the date of the notice, and that,18560
if the child wishes to appeal the suspension or denial, the child18561
must file a notice of appeal within twenty-one days of the date of18562
the notice requesting a hearing on the matter. If the child18563
requests a hearing, the registrar shall hold the hearing not more18564
than forty days after receipt by the registrar of the notice of18565
appeal. The filing of a notice of appeal does not stay the18566
operation of the suspension or denial that must be imposed18567
pursuant to this division. The scope of the hearing shall be18568
limited to whether the child actually was convicted of or pleaded18569
guilty to the offense for which the suspension or denial is to be18570
imposed.18571

       The period of suspension the registrar is required to impose18572
under this division shall end either on the last day of any period18573
ofthe class D suspension period or of the suspension of the18574
child's nonresident operating privilege imposed by the state or18575
federal court located in the other state, or the date six months18576
and twenty-one days from the date of the notice sent by the18577
registrar to the child under this division, whichever is earlier.18578
If the child is a resident of this state who is sixteen years of18579
age or older and does not have a current, valid Ohio driver's or18580
commercial driver's license or permit, the notice shall inform the18581
child that the child will be denied issuance of a driver's or18582
commercial driver's license or permit for six months beginning on18583
the date of the notice. If the child has not attained the age of18584
sixteen years on the date of the notice, the notice shall inform18585
the child that the period of denial of six months shall commence18586
on the date the child attains the age of sixteen years.18587

       (E) Any person whose license or permit has been suspended18588
pursuant to division (B) or (D) of this section may file a18589
petition in the municipal or county court, or in case the person18590
is under eighteen years of age, the juvenile court, in whose18591
jurisdiction the person resides, agreeing to pay the cost of the18592
proceedings and alleging that the suspension would seriously18593
affect the person's ability to continue the person's employment.18594
Upon satisfactory proof that there is reasonable cause to believe18595
that the suspension would seriously affect the person's ability to18596
continue the person's employment, the judge may grant the person18597
occupationallimited driving privileges during the period during18598
which the suspension otherwise would be imposed, except that the18599
judge shall not grant occupationallimited driving privileges for18600
employment as a driver of a commercial motor vehicle to any person18601
who would be disqualified from operating a commercial motor18602
vehicle under section 4506.16 of the Revised Code if the violation18603
had occurred in this state, or during any of the following periods18604
of time:18605

       (1) The first fifteen days of the suspension, if the person18606
has not been convicted within fivesix years of the date of the18607
offense giving rise to the suspension under this section of a18608
violation of any of the following:18609

       (a) Section 4511.19 of the Revised Code, of a municipal18610
ordinance relating to operating a vehicle while under the18611
influence of alcohol, a drug of abuse, or alcohol and a drug of18612
abuse;18613

       (b) A municipal ordinance relating to operating a motor18614
vehicle with a prohibited concentration of alcohol in the blood,18615
breath, or urine;18616

       (c) Section 2903.04 of the Revised Code in a case in which18617
the person was subject to the sanctions described in division (D)18618
of that section;18619

       (d) Division (A)(1) of section 2903.06 or division (A)(1) of18620
section 2903.08 of the Revised Code or a municipal ordinance that18621
is substantially similar to either of those divisions;18622

       (e) Division (A)(2), (3), or (4) of section 2903.06,18623
division (A)(2) of section 2903.08, or former section 2903.07 of18624
the Revised Code as it existed prior to March23, 2000, or a18625
municipal ordinance that is substantially similar to any of those18626
divisions or that former section, in a case in which the jury or18627
judge found that the person was under the influence of alcohol, a18628
drug of abuse, or alcohol and a drug of abuse.18629

       (2) The first thirty days of the suspension, if the person18630
has been convicted one time within fivesix years of the date of18631
the offense giving rise to the suspension under this section of18632
any violation identified in division (E)(1) of this section.18633

       (3) The first one hundred eighty days of the suspension, if18634
the person has been convicted two times within fivesix years of18635
the date of the offense giving rise to the suspension under this18636
section of any violation identified in division (E)(1) of this18637
section.18638

       (4) No occupationallimited driving privileges may be18639
granted if the person has been convicted three or more times18640
within fivesix years of the date of the offense giving rise to18641
the suspension under this section of any violation identified in18642
division (E)(1) of this section.18643

       If a person petitions for occupationallimited driving18644
privileges under division (E) of this section, the registrar shall18645
be represented by the county prosecutor of the county in which the18646
person resides if the petition is filed in a juvenile court or18647
county court, except that if the person resides within a city or18648
village that is located within the jurisdiction of the county in18649
which the petition is filed, the city director of law or village18650
solicitor of that city or village shall represent the registrar.18651
If the petition is filed in a municipal court, the registrar shall18652
be represented as provided in section 1901.34 of the Revised Code.18653

       In granting occupationallimited driving privileges under18654
division (E) of this section, the court may impose any condition18655
it considers reasonable and necessary to limit the use of a18656
vehicle by the person. The court shall deliver to the person a18657
permit card, in a form to be prescribed by the court, setting18658
forth the time, place, and other conditions limiting the person's18659
use of a motor vehicle. The grant of occupationallimited driving18660
privileges shall be conditioned upon the person's having the18661
permit in the person's possession at all times during which the18662
person is operating a vehicle.18663

       A person granted occupationallimited driving privileges who18664
operates a vehicle for other than occupationalthe authorized18665
purposes, in violation of any condition imposed by the court or18666
without having the permit in the person's possession, is guilty of18667
a violation of division (D)(1) of section 4507.024510.11 of the18668
Revised Code.18669

       (F) As used in divisions (C) and (D) of this section:18670

       (1) "Child" means a person who is under the age of eighteen18671
years, except that any person who violates a statute or ordinance18672
described in division (C) or (D) of this section prior to18673
attaining eighteen years of age shall be deemed a "child"18674
irrespective of the person's age at the time the complaint or18675
other equivalent document is filed in the other state or a18676
hearing, trial, or other proceeding is held in the other state on18677
the complaint or other equivalent document, and irrespective of18678
the person's age when the period of license suspension or denial18679
prescribed in division (C) or (D) of this section is imposed.18680

       (2) "Is convicted of or pleads guilty to" means, as it18681
relates to a child who is a resident of this state, that in a18682
proceeding conducted in a state or federal court located in18683
another state for a violation of a statute or ordinance described18684
in division (C) or (D) of this section, the result of the18685
proceeding is any of the following:18686

       (a) Under the laws that govern the proceedings of the court,18687
the child is adjudicated to be or admits to being a delinquent18688
child or a juvenile traffic offender for a violation described in18689
division (C) or (D) of this section that would be a crime if18690
committed by an adult;18691

       (b) Under the laws that govern the proceedings of the court,18692
the child is convicted of or pleads guilty to a violation18693
described in division (C) or (D) of this section;18694

       (c) Under the laws that govern the proceedings of the court,18695
irrespective of the terminology utilized in those laws, the result18696
of the court's proceedings is the functional equivalent of18697
division (F)(2)(a) or (b) of this section.18698

       Sec. 4510.21.  (A) No person whose driver's license,18699
commercial driver's license, temporary instruction permit, or18700
nonresident's operating privilege has been suspended shall operate18701
any motor vehicle upon a public road or highway or any public or18702
private property after the suspension has expired unless the18703
person has complied with all license reinstatement requirements18704
imposed by the court, the bureau of motor vehicles, or another18705
provision of the Revised Code.18706

       (B) Whoever violates this section is guilty of failure to18707
reinstate a license, a misdemeanor of the first degree. No court18708
shall impose a suspension for a violation of this section.18709

       Sec. 4507.168.        Sec. 4510.22.  (A) If a person who has a current18710
valid Ohio driver's or, commercial driver's license,or temporary18711
instruction permit is charged with a violation of any provision in18712
sections 4511.01 to 4511.76, section 4511.84, any provision in18713
sections 4513.01 to 4513.65, or any provision in sections 4549.0118714
to 4549.65 of the Revised Code that is classified as a misdemeanor18715
of the first, second, third, or fourth degree or with a violation18716
of any substantially equivalent municipal ordinance that is18717
substantially comparable to any provision of any of these sections18718
and if the person either fails to appear in court at the required18719
time and place to answer the charge or pleads guilty to or is18720
found guilty of the violation and fails within the time allowed by18721
the court to pay the fine imposed by the court, the court shall18722
declare the forfeituresuspension of the person's license. Thirty18723
days after the declaration of forfeiture, the court shall inform18724
the registrar of motor vehicles of the forfeituredeclaration by18725
entering information relative to the forfeituredeclaration on a18726
form approved and furnished by the registrar and sending the form18727
to the registrar. The court also shall forward the person's18728
license, if it is in the possession of the court, to the18729
registrar. The18730

       The registrar shall suspendimpose a class F suspension of18731
the person's driver's or commercial driver's license, or temporary18732
instruction permit for the period of time specified in division18733
(B)(6) of section 4510.02 of the Revised Code on any person who is18734
named in a declaration received by the registrar under this18735
section. The registrar shall send written notification of the18736
suspension to the person of the suspension at the person's last18737
known address, and, if the person is in possession of the license,18738
order the person to surrender the person's driver's or commercial18739
driver's license or permit to the registrar within forty-eight18740
hours. No18741

       No valid driver's or commercial driver's license shall be18742
granted to the person after the suspension, unless the court18743
having jurisdiction of the offense that led to the suspension18744
orders that the forfeituresuspension be terminated. The court18745
shall so order the termination of the suspension if the person,18746
after having failed to appear in court at the required time and18747
place to answer the charge or after having pleaded guilty to or18748
been found guilty of the violation and having failed within the18749
time allowed by the court to pay the fine imposed by the court,18750
thereafter appears to answer the charge and pays any fine imposed18751
by the court or pays the fine originally imposed by the court. The18752
court shall inform the registrar of the termination of the18753
forfeituresuspension by entering information relative to the18754
termination on a form approved and furnished by the registrar and18755
sending the form to the registrar. The court also shall charge18756
and collect from the person shall pay to the bureau of motor18757
vehicles a fifteen-dollar processing fee to cover the costs of the18758
bureau of motor vehicles in administering this section. The clerk18759
of the court shall transmit monthly all such processing fees to18760
the registrar forshall deposit the fee into the state bureau of18761
motor vehicles fund created by section 4501.25 of the Revised18762
Code.18763

       (B) In addition to suspending the driver's or commercial18764
driver's license or permit of the person named in a declaration of18765
forfeituresuspension, the registrar, upon receipt from the court18766
of the copy of the declaration of forfeituresuspension, shall18767
take any measures that may be necessary to ensure that neither the18768
registrar nor any deputy registrar accepts any application for the18769
registration or transfer of registration of any motor vehicle18770
owned or leased by the person named in the declaration of18771
forfeiture. However, for a motor vehicle leased by a person named18772
in a declaration of forfeiture, the registrar shall not implement18773
the preceding sentence until the registrar adopts procedures for18774
that implementation under section 4503.39 of the Revised Code. The18775
period of denial of registration or transfer shall continue until18776
such time as the court having jurisdiction of the offense that led18777
to the suspension of the person's driver's or commercial driver's18778
license orders the forfeituresuspension to be terminated. Upon18779
receipt by the registrar of an order terminating the forfeiture18780
suspension, the registrar also shall take any measures that may be18781
necessary to permit the person to register a motor vehicle owned18782
or leased by the person or to transfer the registration of such a18783
motor vehicle, if the person later makes application to take such18784
action and otherwise is eligible to register the motor vehicle or18785
to transfer its registration.18786

       The registrar shall not be required to give effect to any18787
declaration of forfeituresuspension or order terminating a18788
forfeituresuspension provided by a court under this section18789
unless the information contained in the declaration or order is18790
transmitted to the registrar by means of an electronic transfer18791
system.18792

       (C) The period of license suspension imposed pursuant to18793
division (A) of this section is independent of any other period of18794
license suspension that the court having jurisdiction over the18795
offense may impose, and the period of license suspension imposed18796
pursuant to that division and the period of denial relating to the18797
issuance or transfer of a certificate of registration for a motor18798
vehicle imposed pursuant to this division (B) of this section18799
remains in effect until the person pays any fine imposed by the18800
court relative to the offense.18801

       Sec. 4507.161.        Sec. 4510.23.  When any person having a driver's or18802
commercial driver's license is adjudicated incompetent for the18803
purpose of holding the license, as provided in section 5122.301 of18804
the Revised Code, the probate judge shall order the license of18805
suchthe person delivered to the court. The court shall forward18806
suchthe license with notice of suchthe adjudication to the18807
registrar of motor vehicles. The registrar of motor vehicles18808
shall suspend such licenseimpose a class F suspension of the18809
person's driver's or commercial driver's license for the period of18810
time specified in division (B)(6) of section 4510.02 of the18811
Revised Code. The suspension shall remain in effect until receipt18812
of written notice by the head of the hospital, or other agency18813
which has or had custody of such person, that such person's mental18814
illness is not an impairment to such person's ability to operate a18815
motor vehicle, or upon receipt of notice from the adjudicating18816
court that such person has been restored to competency by court18817
decree.18818

       Sec. 4507.162.        Sec. 4510.31.  (A)(1) Except as provided in18819
division (C) of this section, the registrar of motor vehicles18820
shall suspend the probationary driver's license, restricted18821
license, or temporary instruction permit issued to any person when18822
the person has been convicted of, pleaded guilty to, or been18823
adjudicated in juvenile court of having committed, prior to the18824
person's eighteenth birthday, any of the following:18825

       (1)(a) Three separate violations of section 2903.06,18826
2903.08, 2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192,18827
4511.20, 4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to18828
4511.48, 4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or18829
4549.03 of the Revised Code, section 4510.14 of the Revised Code18830
involving a suspension imposed under section 4511.191 or 4511.19618831
of the Revised Code, section 2903.04 of the Revised Code in a case18832
in which the person would have been subject to the sanctions18833
described in division (D) of that section had the person been18834
convicted of the violation of that section, former section 2903.0718835
of the Revised Code, or any municipal ordinances similarly18836
relating to the offenses referred to in those sections;18837

       (2)(b) One violation of section 4511.19 of the Revised Code18838
or a substantially similar municipal ordinance;18839

       (3)(c) Two separate violations of any of the Revised Code18840
sections referred to in division (A)(1)(a) of this section, or any18841
municipal ordinance that is substantially similar to any of those18842
sections.18843

       (2) Any person whose license or permit is suspended under18844
division (A)(1)(a), (2)(b), or (3)(c) of this section shall mail18845
or deliver the person's probationary driver's license, restricted18846
license, or temporary instruction permit to the registrar within18847
fourteen days of notification of the suspension. The registrar18848
shall retain the license or permit during the period of the18849
suspension. A suspension pursuant to division (A)(1)(a) of this18850
section shall remain in effect until one year has elapsed since18851
the date of suspension of the probationary driver's license,18852
restricted license, or temporary instruction permitbe a class C18853
suspension, a suspension pursuant to division (A)(2)(1)(b) of this18854
section shall remain in effect until six months have elapsed since18855
the date of the suspensionbe a class D suspension, and a18856
suspension pursuant to division (A)(3)(1)(c) of this section shall18857
remain in effect until ninety days have elapsed since the date of18858
the suspensionbe a class E suspension, all for the periods of18859
time specified in division (B) of section 4510.02 of the Revised18860
Code. If the person's probationary driver's license, restricted18861
license, or temporary instruction permit is under suspension on18862
the date the court imposes sentence upon the person for a18863
violation described in division (A)(2)(1)(b) of this section, the18864
suspension shall take effect on the next day immediately following18865
the end of that period of suspension. If the person is sixteen18866
years of age or older and pleads guilty to or is convicted of a18867
violation described in division (A)(2)(1)(b) of this section and18868
the person does not have a current, valid probationary driver's18869
license, restricted license, or temporary instruction permit, the18870
registrar shall deny the issuance to the person of a probationary18871
driver's license, restricted license, driver's license, commercial18872
driver's license, or temporary instruction permit, as the case may18873
be, for six months beginning on the date the court imposes18874
sentence upon the person for the violation. If the person has not18875
attained the age of sixteen years on the date the court imposes18876
sentence upon the person for the violation, the period of denial18877
shall commence on the date the person attains the age of sixteen18878
years.18879

       (B) The registrar also shall suspendimpose a class D18880
suspension for the period of time specified in division (B)(4) of18881
section 4510.02 of the Revised Code of the temporary instruction18882
permit or probationary driver's license of any person under the18883
age of eighteen who has been adjudicated an unruly child,18884
delinquent child, or a juvenile traffic offender for having18885
committed any act that if committed by an adult would be a drug18886
abuse offense as defined in section 2925.01 of the Revised Code,18887
or a violation of division (B) of section 2917.11 of the Revised18888
Code until the person reaches the age of eighteen years or18889
attends.The registrar, in the registrar's discretion, may18890
terminate the suspension if the child, at the discretion of the18891
court, attends and satisfactorily completes a drug abuse or18892
alcohol abuse education, intervention, or treatment program18893
specified by the court. Any person whose temporary instruction18894
permit or probationary driver's license is suspended under this18895
division shall mail or deliver the person's permit or license to18896
the registrar within fourteen days of notification of the18897
suspension. The registrar shall retain the permit or license18898
during the period of the suspension.18899

       (C)(1) A person is not entitled to request, and a court shall18900
not grant to the person, occupational driving privileges under18901
division (C) of this section if a person is convicted of, pleads18902
guilty to, or is adjudicated in juvenile court of having committed18903
a third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to18904
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or18905
4511.75 of the Revised Code or any similar municipal ordinances,18906
and the person, within the preceding seven years, has been18907
convicted of, pleaded guilty to, or adjudicated in juvenile court18908
of having committed three or more violations of one or more of the18909
following:18910

       (a) Division (A) or (B) of section 4511.19 of the Revised18911
Code;18912

       (b) A municipal ordinance relating to operating a vehicle18913
while under the influence of alcohol, a drug of abuse, or alcohol18914
and a drug of abuse;18915

       (c) A municipal ordinance relating to operating a vehicle18916
with a prohibited concentration of alcohol in the blood, breath,18917
or urine;18918

       (d) Section 2903.04 of the Revised Code in a case in which18919
the person was subject to the sanctions described in division (D)18920
of that section;18921

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of18922
section 2903.08 of the Revised Code or a municipal ordinance that18923
is substantially similar to either of those divisions;18924

       (f) Division (A)(2), (3), or (4) of section 2903.06,18925
division (A)(2) of section 2903.08, or former section 2903.07 of18926
the Revised Code, or a municipal ordinance that is substantially18927
similar to any of those divisions or that former section, in a18928
case in which the jury or judge found that the person was under18929
the influence of alcohol, a drug of abuse, or alcohol and a drug18930
of abuse.18931

       (2) ForExcept as provided in division (C)(3) of this18932
section, for any other person who is not described in division18933
(C)(1) of this section and who is convicted of, pleads guilty to,18934
or is adjudicated in juvenile court of having committed a second18935
or third violation of section 4511.12, 4511.13, 4511.15, 4511.2018936
to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or18937
4511.75 of the Revised Code or any similar municipal ordinances18938
and whose license or permit is suspended under division (A)(1)(a)18939
or (c) of this section, the court in which the second or third18940
conviction, finding, plea, or adjudication resulting in the18941
suspension was made, upon petition of the person, may grant the18942
person occupationallimited driving privileges during the period18943
during which the suspension otherwise would be imposed under18944
division (A)(1)(a) or (c) of this section if the court finds that18945
the person will reach the person's eighteenth birthday before the18946
period of suspension required to be imposed under division (A)(1)18947
of this section expires and further finds reasonable cause to18948
believe that the suspension, if continued beyond the person's18949
eighteenth birthday, will seriously affect the person's ability to18950
continue in employment,educational training, vocational training,18951
or treatment. The occupational driving privileges granted under18952
this division shall be effective on the person's eighteenth18953
birthday and during the period following such birthday for which18954
the suspension otherwise would be imposed. In granting18955
occupationalthe limited driving privileges, the court shall18956
specify the purposes, times, and places at which the person may18957
driveof the privileges and may impose any other conditions upon18958
the person's use ofdriving a motor vehicle that the court18959
considers reasonable and necessary.18960

       A court that grants occupationallimited driving privileges18961
to a person under this division shall retain the person's18962
probationary driver's license, restricted license, or temporary18963
instruction permit during the period the license or permit is18964
suspended and also during the period for which occupational18965
limited driving privileges are granted, and shall deliver to the18966
person a permit card, in a form to be prescribed by the court,18967
setting forth the date on which the occupationallimited driving18968
privileges will become effective, the purposes for which the18969
person may drive, the times and places at which the person may18970
drive, and any other conditions imposed upon the person's use of a18971
motor vehicle.18972

       The court immediately shall notify the registrar, in writing,18973
of a grant of occupationallimited driving privileges under this18974
division. The notification shall specify the date on which the18975
occupationallimited driving privileges will become effective, the18976
purposes for which the person may drive, the times and places at18977
which the person may drive, and any other conditions imposed upon18978
the person's use of a motor vehicle. The registrar shall not18979
suspend the probationary driver's license, restricted license, or18980
temporary instruction permit of any person pursuant to division18981
(A) of this section during any period for which the person has18982
been granted occupationallimited driving privileges as provided18983
in this division, if the registrar has received the notification18984
described in this division from the court.18985

       (2)Except as provided in division (C)(3) of this section, in18986
any case in which the temporary instruction permit or probationary18987
driver's license of a person under eighteen years of age has been18988
suspended under division (A) or (B) of this section or any other18989
provision of law, the court may grant the person limited driving18990
privileges for the purpose of the person's practicing of driving18991
with the person's parent, guardian, or other custodian during the18992
period of the suspension. Any grant of limited driving privileges18993
under this division shall comply with division (D) of section18994
4510.021 of the Revised Code.18995

       (3) A court shall not grant limited driving privileges to a18996
person identified in division (C)(1) or (2) of this section if the18997
person, within the preceding six years, has been convicted of,18998
pleaded guilty to, or adjudicated in juvenile court of having18999
committed three or more violations of one or more of the divisions19000
or sections set forth in divisions (G)(2)(b) to (h) of section19001
2919.22 of the Revised Code.19002

       (D) If a person who has been granted occupationallimited19003
driving privileges under division (C) of this section is convicted19004
of, pleads guilty to, or is adjudicated in juvenile court of19005
having committed, a violation of section 4507.02Chapter4510. of19006
the Revised Code, or a fourth or subsequent violation of any of19007
the other sections of the Revised Code listed in division19008
(A)(1)(a) of this section or any similar municipal ordinance19009
during the period for which the person was granted occupational19010
limited driving privileges, the court that granted the19011
occupationallimited driving privileges shall revoke them and19012
cancelsuspend the person's permit card. The court or the clerk19013
of the court immediately shall forward the person's probationary19014
driver's license, restricted license, or temporary instruction19015
permit together with written notification of the court's action to19016
the registrar. Upon receipt of the license or permit and19017
notification, the registrar shall suspendimpose a class C19018
suspension of the person's probationary driver's license,19019
restricted license, or temporary instruction permit for athe19020
period of one yeartime specified in division (B)(3) of section19021
4510.02 of the Revised Code. The registrar shall retain the19022
license or permit during the period of suspension, and no further19023
occupationallimited driving privileges shall be granted during19024
that period.19025

       (E) No application for a driver's or commercial driver's19026
license shall be received from any person whose probationary19027
driver's license, restricted license, or temporary instruction19028
permit has been suspended under this section until each of the19029
following has occurred:19030

       (1) The suspension period has expired;19031

       (2) A temporary instruction permit or commercial driver's19032
license temporary instruction permit has been issued;19033

       (3) The person successfully completes a juvenile driver19034
improvement program approved by the registrar under division (F)19035
of this section 4510.311of the Revised Code;19036

       (4) The applicant has submitted to the examination for a19037
driver's license as provided for in section 4507.11 or a19038
commercial driver's license as provided in Chapter 4506. of the19039
Revised Code.19040

       (F) The registrar shall establish standards for juvenile19041
driver improvement programs and shall approve any such programs19042
that meet the established standards. The standards established by19043
the registrar shall require a minimum of five hours of classroom19044
instruction, with at least three hours devoted to driver skill19045
requirements and two hours devoted to juvenile driver information19046
related to the driving records of drivers under the age of19047
eighteen, driver perceptions, and the value of the traffic laws. 19048
The standards also shall require a person whose probationary19049
driver's license was suspended under this section to undertake and19050
pass, as successful completion of an approved juvenile driver19051
improvement program, the driver's license examination that a19052
person who holds a temporary instruction permit is required to19053
undertake and pass in order to be issued a probationary driver's19054
license. The person shall pay the applicable fee that is required19055
to accompany an application for a driver's license as prescribed19056
in division (E) of section 4507.23 of the Revised Code. The19057
registrar shall prescribe the requirements for the curriculum to19058
be provided as well as other program directives. Only those19059
programs approved by the registrar shall be acceptable for19060
reinstatement of the driving privileges of a person whose19061
probationary driver's license was suspended under this section.19062

       Sec. 4510.311.  The registrar of motor vehicles shall19063
establish standards for juvenile driver improvement programs and19064
shall approve any programs that meet the established standards.19065
The standards established by the registrar shall require a minimum19066
of five hours of classroom instruction, with at least three hours19067
devoted to driver skill requirements and two hours devoted to19068
juvenile driver information related to the driving records of19069
drivers under eighteen years of age, driver perceptions, and the19070
value of the traffic laws. The standards also shall require a19071
person whose probationary driver's license was suspended under19072
section 4510.31 of the Revised Code to undertake and pass, as19073
successful completion of an approved juvenile driver improvement19074
program, the driver's license examination that a person who holds19075
a temporary instruction permit is required to undertake and pass19076
in order to be issued a probationary driver's license. The person19077
shall pay the applicable fee that is required to accompany an19078
application for a driver's license as prescribed in division (E)19079
of section 4507.23 of the Revised Code. The registrar shall19080
prescribe the requirements for the curriculum to be provided as19081
well as other program directives. Only those programs approved by19082
the registrar shall be acceptable for reinstatement of the driving19083
privileges of a person whose probationary driver's license was19084
suspended under section 4510.31 of the Revised Code.19085

       Sec. 4507.061.        Sec. 4510.32.  (A) The registrar of motor vehicles19086
shall record within ten days of receipt and keep at the main19087
office of the bureau of motor vehicles all information provided to19088
the registrar by the superintendent of a school district in19089
accordance with division (B) of section 3321.13 of the Revised19090
Code.19091

       (B) Whenever the registrar receives a notice under division19092
(B) of section 3321.13 of the Revised Code, the registrar shall19093
suspendimpose a class F suspension of the temporary instruction19094
permit or driver's license of the person who is the subject of the19095
notice for the period of time specified in division (B)(6) of19096
section 4510.02 of the Revised Code, or, if the person has not19097
been issued such a temporary instruction permit or driver's19098
license, the registrar shall deny to the person the issuance of a19099
temporary instruction permit or driver's license. The19100
requirements of the second paragraph of section 119.06 of the19101
Revised Code do not apply to a suspension of a person's temporary19102
instruction permit or driver's license or a denial of a person's19103
opportunity to obtain a temporary instruction permit or driver's19104
license by the registrar under this division.19105

       (C) Upon suspending the temporary instruction permit or19106
driver's license of any person or denying any person the19107
opportunity to be issued such a license or permit as provided in19108
division (B) of this section, the registrar immediately shall19109
notify the person in writing of the suspension or denial and19110
inform the person that the person may petition for a hearing as19111
provided in division (E) of this section.19112

       (D) Any person whose permit or license is suspended under19113
this section shall mail or deliver the person's permit or license19114
to the registrar of motor vehicles within twenty days of19115
notification of the suspension; however, the person's permit or19116
license and the person's driving privileges shall be suspended19117
immediately upon receipt of the notification. The registrar may19118
retain the permit or license during the period of the suspension19119
or the registrar may destroy it under section 4507.544510.52 of19120
the Revised Code. Any such suspension of a person's permit or19121
license or denial of a person's opportunity to obtain a permit or19122
license under this section shall remain in effect until the person19123
attains eighteen years of age or until it is terminated prior to19124
the child's attainment of that age pursuant to division (F) of19125
this section.19126

       (E) Any person whose temporary instruction permit or19127
driver's license has been suspended, or whose opportunity to19128
obtain such a permit or license has been denied pursuant to this19129
section, may file a petition in the juvenile court in whose19130
jurisdiction the person resides alleging error in the action taken19131
by the registrar of motor vehicles under division (B) of this19132
section or alleging one or more of the matters within the scope of19133
the hearing, as described in this division, or both. The19134
petitioner shall notify the registrar and the superintendent of19135
the school district who gave the notice to the registrar and19136
juvenile judge under division (B) of section 3321.13 of the19137
Revised Code of the filing of the petition and send them copies of19138
the petition. The scope of the hearing is limited to the issues19139
of whether the notice given by the superintendent to the registrar19140
was in error and whether the suspension or denial of driving19141
privileges will result in substantial hardship to the petitioner.19142

       The registrar shall furnish the court a copy of the record19143
created in accordance with division (A) of this section. The19144
registrar and the superintendent shall furnish the court with any19145
other relevant information required by the court.19146

       In hearing the matter and determining whether the petitioner19147
has shown that the petitioner's temporary instruction permit or19148
driver's license should not be suspended or that the petitioner's19149
opportunity to obtain such a permit or license should not be19150
denied, the court shall decide the issue upon the information19151
furnished by the registrar and the superintendent and any such19152
additional evidence that the registrar, the superintendent, or the19153
petitioner submits.19154

       If the court finds from the evidence submitted that the19155
petitioner has failed to show error in the action taken by the19156
registrar under division (B) of this section and has failed to19157
prove any of the matters within the scope of the hearing, then the19158
court may assess the cost of the proceeding against the petitioner19159
and shall uphold the suspension of the petitioner's permit or19160
license or the denial of the petitioner's opportunity to obtain a19161
permit or license. If the court finds that the petitioner has19162
shown error in the action taken by the registrar under division19163
(B) of this section or has proved one or more of the matters19164
within the scope of the hearing, or both, the cost of the19165
proceeding shall be paid out of the county treasury of the county19166
in which the proceedings were held, and the suspension of the19167
petitioner's permit or license or the denial of the person's19168
opportunity to obtain a permit or license shall be terminated.19169

       (F) The registrar shall cancel the record created under this19170
section of any person who is the subject of a notice given under19171
division (B) of section 3321.13 of the Revised Code and shall19172
terminate the suspension of the person's permit or license or the19173
denial of the person's opportunity to obtain a permit or license,19174
if any of the following applies:19175

       (1) The person is at least eighteen years of age.19176

       (2) The person provides evidence, as the registrar shall19177
require by rule, of receipt of a high school diploma or a general19178
educational development certificate of high school equivalence.19179

       (3) The superintendent of a school district informs the19180
registrar that the notification of withdrawal, habitual absence19181
without legitimate excuse, suspension, or expulsion concerning the19182
person was in error.19183

       (4) The suspension or denial was imposed subsequent to a19184
notification given under division (B)(3) or (4) of section 3321.1319185
of the Revised Code, and the superintendent of a school district19186
informs the registrar that the person in question has satisfied19187
any terms or conditions established by the school as necessary to19188
terminate the suspension or denial of driving privileges.19189

       (5) The suspension or denial was imposed subsequent to a19190
notification given under division (B)(1) of section 3321.13 of the19191
Revised Code, and the superintendent of a school district informs19192
the registrar that the person in question is now attending school19193
or enrolled in and attending an approved program to obtain a19194
diploma or its equivalent to the satisfaction of the school19195
superintendent.19196

       (6) The suspension or denial was imposed subsequent to a19197
notification given under division (B)(2) of section 3321.13 of the19198
Revised Code, the person has completed at least one semester or19199
term of school after the one in which the notification was given,19200
the person requests the superintendent of the school district to19201
notify the registrar that the person no longer is habitually19202
absent without legitimate excuse, the superintendent determines19203
that the person has not been absent from school without legitimate19204
excuse in the current semester or term, as determined under that19205
division, for more than ten consecutive school days or for more19206
than fifteen total school days, and the superintendent informs the19207
registrar of that fact. If a person described in division (F)(6)19208
of this section requests the superintendent of the school district19209
to notify the registrar that the person no longer is habitually19210
absent without legitimate excuse and the superintendent makes the19211
determination described in this division, the superintendent shall19212
provide the information described in division (F)(6) of this19213
section to the registrar within five days after receiving the19214
request.19215

       (7) The suspension or denial was imposed subsequent to a19216
notification given under division (B)(2) of section 3321.13 of the19217
Revised Code, and the superintendent of a school district informs19218
the registrar that the person in question has received an age and19219
schooling certificate in accordance with section 3331.01 of the19220
Revised Code.19221

       (8) The person filed a petition in court under division (E)19222
of this section and the court found that the person showed error19223
in the action taken by the registrar under division (B) of this19224
section or proved one or more of the matters within the scope of19225
the hearing on the petition, as set forth in division (E) of this19226
section, or both.19227

       At the end of the suspension period under this section and19228
upon the request of the person whose temporary instruction permit19229
or driver's license was suspended, the registrar shall return the19230
driver's license or permit to the person or reissue the person's19231
license or permit under section 4507.544510.52 of the Revised19232
Code, if the registrar destroyed the suspended license or permit19233
under that section.19234

       Sec. 4507.163.        Sec. 4510.33.  (A) AnyNo person of insufficient19235
age to purchase intoxicating liquor or beer who, contrary to19236
division (A) or (C) of section 4507.30 of the Revised Code,19237
displaysshall display as proof that the person is of sufficient19238
age to purchase intoxicating liquor or beer, a driver's or19239
commercial driver's license, knowing the same to be fictitious,19240
altered, or not the person's own, shall thereby forfeit the19241
driving privileges authorized by.The registrar of motor vehicles19242
shall impose a class C suspension of the person's own driver's19243
license, probationary driver's license, commercial driver's19244
license, temporary instruction permit, or commercial driver's19245
license temporary instruction permit and be denied the issuance or19246
reissuance of any such license or permit by the registrar of motor19247
vehicles for one year beginning with the date on which19248
notification of such forfeiture and denial is mailed to the person19249
by the registrarfor the period of time specified in division19250
(B)(3) of section 4510.02 of the Revised Code upon the offender19251
and shall not issue or reissue a license or permit of that type to19252
the offender during the suspension period.19253

       (B) In any prosecution, or in any proceeding before the19254
liquor control commission, in which the defense authorized by19255
section 4301.639 of the Revised Code is sustained, the clerk of19256
the court in which the prosecution was had, or the clerk of the19257
liquor control commission, shall certify to the registrar the19258
facts ascertainable from the clerk's records evidencing violation19259
of division (A) or (C) of section 4507.30 of the Revised Code by a19260
person of insufficient age to purchase intoxicating liquor or19261
beer, including in the certification the person's name and19262
residence address.19263

       (C) The registrar, upon receipt of the certification, shall19264
suspend the person's license or permit to drive subject to review19265
as provided in this section, and shall mail to the person, at the19266
person's last known address, a notice of the suspension and of the19267
hearing provided in division (D) of this section.19268

       (D) Any person whose license or permit to drive has been19269
suspended under this section, within twenty days of the mailing of19270
the notice provided above, may file a petition in the municipal19271
court or county court, or in case the person is under the age of19272
eighteen years, in the juvenile court, in whose jurisdiction the19273
person resides, agreeing to pay the cost of the proceedings, and19274
alleging error by the registrar in the suspension of the license19275
or permit to drive, or in one or more of the matters within the19276
scope of the hearing as provided in this section, or both. The19277
petitioner shall notify the registrar of the filing of the19278
petition and send the registrar a copy thereof. The scope of the19279
hearing shall be limited to whether a court of record did in fact19280
find that the petitioner displayed, or, if the original19281
proceedings were before the liquor control commission, whether the19282
petitioner did in fact display, as proof that the person was of19283
sufficient age to purchase intoxicating liquor or beer, a driver's19284
or commercial driver's license knowing the same to be fictitious,19285
altered, or not the person's own, and whether the person was at19286
that time of insufficient age legally to make a purchase of19287
intoxicating liquor or beer.19288

       (E) In any hearing authorized by this section, the registrar19289
shall be represented by the prosecuting attorney of the county19290
where the petitioner resides.19291

       (F) If the court finds from the evidence submitted that the19292
person has failed to show error in the action by the registrar or19293
in one or more of the matters within the scope of the hearing as19294
limited in division (D) of this section, or both, the court shall19295
assess the cost of the proceeding against the person and shall19296
impose the suspension provided in divisions (A) and (C) of this19297
section. If the court finds that the person has shown error in19298
the action taken by the registrar, or in one or more of the19299
matters within the scope of the hearing as limited in division (B)19300
of this section, or both, the cost of the proceeding shall be paid19301
out of the county treasury of the county in which the proceedings19302
were held, and the suspension provided in divisions (A) and (C) of19303
this section shall not be imposed. The court shall inform the19304
registrar in writing of the action taken.19305

       Sec.4507.1674510.34 (A) The registrar of motor vehicles19306
shall revokeimpose a class F suspension for the period of time19307
specified in division (B)(6) of section 4510.02 of the Revised19308
Code of the probationary motorized bicycle license issued to any19309
person when the person has been convicted of, pleaded no contest19310
to and been found guilty of, or pleaded guilty to, in any court of19311
competent jurisdiction, or has been adjudicated in juvenile court19312
of having committed, a violation of division (A) or (D) of section19313
4511.521 of the Revised Code, or of any other section of the19314
Revised Code or similar municipal ordinance for which points are19315
chargeable under section 4507.0214510.036 of the Revised Code.19316

       (B) Any person whose license is revokedsuspended under this19317
section shall mail or deliver histhe probationary motorized19318
bicycle license to the registrar within fourteen days of19319
notification of such revocationthe suspension. The registrar19320
shall retain suchthe license during the period of revocation19321
suspension. Any such revocation shall remain in effect until the19322
person reaches sixteen years of age.19323

       (C) No application for a motorized bicycle license or19324
probationary motorized bicycle license shall be received from any19325
person whose probationary motorized bicycle license has been19326
revokedsuspended under this section until the person reaches19327
sixteen years of age.19328

       Sec. 4507.38.        Sec. 4510.41.  (A) As used in this section:19329

       (1) "Arrested person" means a person who is arrested for a19330
violation of division (B)(1) or (D)(2) of section 4507.02 or19331
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19332
or a municipal ordinance that is substantially equivalent to any19333
of those Revised Code provisionssections, and whose arrest19334
results in a vehicle being seized under division (B) of this19335
section.19336

       (2) "Vehicle owner" means either of the following:19337

       (a) The person in whose name is registered, at the time of19338
the seizure, a vehicle that is seized under division (B) of this19339
section;19340

       (b) A person to whom the certificate of title to a vehicle19341
that is seized under division (B) of this section has been19342
assigned and who has not obtained a certificate of title to the19343
vehicle in that person's name, but who is deemed by the court as19344
being the owner of the vehicle at the time the vehicle was seized19345
under division (B) of this section.19346

       (3) "Interested party" includes the owner of a vehicle19347
seized under this section, all lienholders of such a vehicle, the19348
arrested person, the owner of the place of storage at which a19349
vehicle seized under this section is stored, and the person or19350
entity that caused the vehicle to be removed.19351

       (B)(1) If a person is arrested for a violation of division19352
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19353
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19354
that is substantially equivalent to any of those Revised Code19355
provisionssections, the arresting officer or another officer of19356
the law enforcement agency that employs the arresting officer, in19357
addition to any action that the arresting officer is required or19358
authorized to take by any other provision of law, shall seize the19359
vehicle that the person was operating at the time of,or that was19360
involved in, the alleged offense if the vehicle is registered in19361
the arrested person's name and its license plates. Except as19362
otherwise provided in this division, the officer shall seize the19363
vehicle and its license plates regardless of whether the vehicle19364
is registered in the name of the arrested person or in the name of19365
another person or entity. This section does not apply to or19366
affect any rented or leased vehicle that is being rented or leased19367
for a period of thirty days or less, except that aA law19368
enforcement agency that employs a law enforcement officer who19369
makes an arrest of a type that is described in this division19370
(B)(1) of this section and that involves a rented or leased19371
vehicle of this typethat is being rented or leased for a period19372
of thirty days or less shall notify, within twenty-four hours19373
after the officer makes the arrest, the lessor or owner of the19374
vehicle regarding the circumstances of the arrest and the location19375
at which the vehicle may be picked up. At the time of the seizure19376
of the vehicle, the law enforcement officer who made the arrest19377
shall give the arrested person written notice that the vehicle and19378
its license plates have been seized; that the vehicle either will19379
be kept by the officer's law enforcement agency or will be19380
immobilized at least until the person's initial appearance on the19381
charge of the offense for which the arrest was made; that, at the19382
initial appearance, the court in certain circumstances may order19383
that the vehicle and license plates be released to the vehicle19384
ownerarrested person until the disposition of that charge; that,19385
if the arrested person is convicted of that charge, the court19386
generally must order the immobilization of the vehicle and the19387
impoundment of its license plates or the forfeiture of the19388
vehicle; and that, if the arrested person is not the vehicle19389
owner, the arrested person immediately should inform the vehicle19390
owner that the vehicle and its license plates have been seized and19391
that the vehicle owner may be able to obtain their release at the19392
initial appearance or thereaftermay be charged expenses or19393
charges incurred under this section and section 4503.233 of the19394
Revised Code for the removal and storage of the vehicle.19395

       (2) The arresting officer or a law enforcement officer of19396
the agency that employs the arresting officer shall give written19397
notice of the seizure to the court that will conduct the initial19398
appearance of the arrested person the arrested personon the19399
charges arising out of the arrest. The notice shall be given when19400
the charges are filed against the arrested person. Upon receipt19401
of the notice, the court promptly shall determine whether the19402
arrested person is the vehicle owner and whether there are any19403
liens recorded on the certificate of title to the vehicle. If the19404
court determines that the arrested person is not the vehicle19405
owner, it promptly shall send by regular mail written notice of19406
the seizure of the motor vehicle to the vehiclevehicle's19407
registered owner and to all lienholders recorded on the19408
certificate of title. The written notice to the vehicle owner and19409
lienholders shall contain all of the information required by19410
division (B)(1) of this section to be in a notice to be given to19411
the arrested person and also shall specify the date, time, and19412
place of the arrested person's initial appearance the arrested19413
person. The notice also shall inform the vehicle owner that if19414
title to a motor vehicle that is subject to an order for criminal19415
forfeiture under this section is assigned or transferred and19416
division (B)(2) or (3) of section 4503.234 of the Revised Code19417
applies, the court may fine the arrested person the value of the19418
vehicle. The notice to the vehicle owner also shall state that if19419
the vehicle is immobilized under division (A) of section 4503.23319420
of the Revised Code, seven days after the end of the period of19421
immobilization a law enforcement agency will send the vehicle19422
owner a notice, informing the owner that if the owner does not19423
obtain the release of the vehicle is not obtained in accordance19424
with division (D)(3) of section 4503.233 of the Revised Code, the19425
vehicle shall be forfeited. The notice also shall inform the19426
vehicle owner that the owner may be charged expenses or charges19427
incurred under this section and section 4503.233 of the Revised19428
Code for the removal and storage of the vehicle.19429

       The written notice that is given or delivered to the vehicle19430
ownerarrested person also shall state that if the arrested person19431
pleads guilty to or is convicted of or pleads guilty to the19432
offense for which the arrested person was arrested and the court19433
issues an immobilization and impoundment order relative to that19434
vehicle, division (D)(4) of section 4503.233 of the Revised Code19435
prohibits the vehicle from being sold during the period of19436
immobilization without the prior approval of the court.19437

       (3) At or before the initial appearance, the vehicle owner19438
may file a motion requesting the court to order that the vehicle19439
and its license plates be released to the vehicle owner. Except19440
as provided in this division and subject to the payment of19441
expenses or charges incurred in the removal and storage of the19442
vehicle, the court, in its discretion, then may issue an order19443
releasing the vehicle and its license plates to the vehicle owner.19444
Such an order may be conditioned upon such terms as the court19445
determines appropriate, including the posting of a bond in an19446
amount determined by the court. If the arrested person is not the19447
vehicle owner and if the vehicle owner is not present at the19448
arrested person's initial appearance, and if the court believes19449
that the vehicle owner was not provided with adequate notice of19450
the initial appearance, the court, in its discretion, may allow19451
the vehicle owner to file a motion within seven days of the19452
initial appearance. If the court allows the vehicle owner to file19453
such a motion after the initial appearance, the extension of time19454
granted by the court does not extend the time within which the19455
initial appearance is to be conducted. If the court issues an19456
order for the release of the vehicle and its license plates, a19457
copy of the order shall be made available to the vehicle owner. If19458
the vehicle owner presents a copy of the order to the law19459
enforcement agency that employs the law enforcement officer who19460
arrested the arrested person who was operating the vehicle, the19461
law enforcement agency promptly shall release the vehicle and its19462
license plates to the vehicle owner upon payment by the vehicle19463
owner of any expenses or charges incurred in the removal or19464
storage of the vehicle.19465

       (4) A vehicle seized under division (B)(1) of this section19466
either shall be towed to a place specified by the law enforcement19467
agency that employs the arresting officer to be safely kept by the19468
agency at that place for the time and in the manner specified in19469
this section or shall be otherwise immobilized for the time and in19470
the manner specified in this section. A law enforcement officer19471
of that agency shall remove the identification license plates of19472
the vehicle, and they shall be safely kept by the agency for the19473
time and in the manner specified in this section. No vehicle that19474
is seized and either towed or immobilized pursuant to this19475
division shall be considered contraband for purposes of section19476
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle19477
shall not be immobilized at any place other than a commercially19478
operated private storage lot, a place owned by a law enforcement19479
or other government agency, or a place to which one of the19480
following applies:19481

       (a) The place is leased by or otherwise under the control of19482
a law enforcement or other government agency.19483

       (b) The place is owned by the arrested person, the arrested19484
person's spouse, or a parent or child of the arrested person.19485

       (c) The place is owned by a private person or entity, and,19486
prior to the immobilization, the private entity or person that19487
owns the place, or the authorized agent of that private entity or19488
person, has given express written consent for the immobilization19489
to be carried out at that place.19490

       (d) The place is a public street or highway on which the19491
vehicle is parked in accordance with the law.19492

       (C)(1) A vehicle that is seized under division (B) of this19493
section shall be safely kept at the place to which it is towed or19494
otherwise moved by the law enforcement agency that employs the19495
arresting officer until the initial appearance of the arrested19496
person relative to the charge the arrested person in question. The19497
license plates of the vehicle that are removed pursuant to19498
division (B) of this section shall be safely kept by the law19499
enforcement agency that employs the arresting officer until at19500
least the initial appearance of the arrested person relative to19501
the charge in question.19502

       (2)(a) the owner's the owner the owner the owner's the owner19503
the owner's the owner's the arrested person the vehicle owner's19504
the owner's the owner's the arrested person the court also shall19505
notify the arrested person, and the movant if the movant is not19506
the arrested person, that if title to a motor vehicle that is19507
subject to an order for criminal forfeiture under this section is19508
assigned or transferred and division (C)(2) or (3) of section19509
4503.234 of the Revised Code applies, the court may fine the19510
offender the value of the vehicle. the owner'sAt the initial19511
appearance or not less than seven days prior to the date of final19512
disposition, the court shall notify the arrested person that, if19513
title to a motor vehicle that is subject to an order for criminal19514
forfeiture under this section is assigned or transferred and19515
division (B)(2) or (3) of section 4503.234 of the Revised Code19516
applies, the court may fine the arrested person the value of the19517
vehicle. If, at the initial appearance, the arrested person19518
pleads guilty to the violation of division (B)(1) or (D)(2) of19519
section 4507.02 or section 4507.334510.14, 4510.16,or4511.20319520
of the Revised Code, or a municipal ordinance that is19521
substantially equivalent to any of those Revised Code provisions19522
sections or pleads no contest to and is convicted of the19523
violation, the court shall impose sentence upon the arrested19524
person as provided by law or ordinance; the court, except as19525
provided in this division and subject to section 4503.235 of the19526
Revised Code, shall order the immobilization of the vehicle the19527
arrested person was operating at the time of, or that was involved19528
in, the offense if registered in the arrested person's name and19529
the impoundment of its license plates under section 4503.233 and19530
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19531
4511.203 of the Revised Code or the criminal forfeiture to the19532
state of the vehicle if registered in the arrested person's name19533
under section 4503.234 and section 4507.361 or 4507.994510.14,19534
4510.16, 4510.161,or4511.203 of the Revised Code, whichever is19535
applicable; and the vehicle and its identification license plates19536
shall not be returned or released to the vehicle ownerarrested19537
person. If the arrested person is not the vehicle owner and the19538
vehicle owner the owner's is not present at the arrested person's19539
initial appearance and if the court believes that the vehicle19540
owner was not provided adequate notice of the initial appearance,19541
the court, in its discretion, may refrain for a period of time not19542
exceeding seven days from ordering the immobilization of the19543
vehicle and the impoundment of its license plates or the criminal19544
forfeiture of the vehicle so that the vehicle owner the owner's19545
may appear before the court to present evidence as to why the19546
court should not order the immobilization of the vehicle and the19547
impoundment of its license plates or the criminal forfeiture of19548
the vehicle. If the court refrains from ordering the19549
immobilization of the vehicle and the impoundment of its license19550
plates or the criminal forfeiture of the vehicle, section 4503.23519551
of the Revised Code applies relative to the order of19552
immobilization and impoundment or the order of forfeiture.19553

       (b) If, at any time, the charge that the arrested person19554
violated division (B)(1) or (D)(2) of section 4507.02 or section19555
4507.334510.14, 4510.16,or4511.203 of the Revised Code, or a19556
municipal ordinance that is substantially equivalent to any of19557
those Revised Code provisionssections is dismissed for any19558
reason, the court shall order that the vehicle seized at the time19559
of the arrest and its license plates immediately be released to19560
the vehicle owner subject to the payment of expenses or the19561
owner's charges incurred in the removal and storage of the vehicle19562
person.19563

       (D) If a vehicle isand its license plates are seized under19564
division (B) of this section the arrested person and it isare not19565
returned or released to the vehicle owner the owner'sarrested19566
person pursuant to division (C) of this section, the vehicle and19567
its license plates shall be retained until the final disposition19568
of the charge in question. Upon the final disposition of that19569
charge, the court shall do whichever of the following is19570
applicable:19571

       (1) If the arrested person is convicted of or pleads guilty19572
to the violation of division (B)(1) or (D)(2) of section 4507.0219573
or section 4507.334510.14, 4510.16, or4511.203 of the Revised19574
Code, or a municipal ordinance that is substantially equivalent to19575
any of those Revised Code provisionssections, the court shall19576
impose sentence upon the arrested person as provided by law or19577
ordinance and, subject to section 4503.235 of the Revised Code,19578
shall order the immobilization of the vehicle the arrested person19579
was operating at the time of, or that was involved in, the offense19580
if it is registered in the arrested person's name and the19581
impoundment of its license plates under section 4503.233 and19582
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19583
4511.203 of the Revised Code or the criminal forfeiture of the19584
vehicle if it is registered in the arrested person's name under19585
section 4503.234 and section 4507.361 or 4507.994510.14, 4510.16,19586
4510.161,or4511.203 of the Revised Code, whichever is19587
applicable.19588

       (2) If the arrested person is found not guilty of the19589
violation of division (B)(1) or (D)(2) of section 4507.02 or19590
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19591
or a municipal ordinance that is substantially equivalent to any19592
of those Revised Code provisionssections, the court shall order19593
that the vehicle and its license plates immediately be released to19594
the vehicle owner upon the payment of any expenses or the owner's19595
charges incurred in its removal and storagearrested person.19596

       (3) If the charge that the arrested person violated division19597
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19598
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19599
that is substantially equivalent to any of those Revised Code19600
provisionssections is dismissed for any reason, the court shall19601
order that the vehicle and its license plates immediately be19602
released to the vehicle owner upon the payment of any expenses or19603
the owner's charges incurred in its removal and storagearrested19604
person.19605

       the arrested person the owner's the owner's the arrested19606
person19607

       (4)If the impoundment of the vehicle was not authorized19608
under this section, the court shall order that the vehicle and its19609
license plates be returned immediately to the arrested person or,19610
if the arrested person is not the vehicle owner, to the vehicle19611
owner and shall order that the state or political subdivision of19612
the law enforcement agency served by the law enforcement officer19613
who seized the vehicle pay all expenses and charges incurred in19614
its removal and storage.19615

       (E) If a vehicle is seized under division (B) of this19616
section, the time between the seizure of the vehicle and either19617
its release to the vehicle owner the owner'sarrested person19618
pursuant to division (C) of this section or the issuance of an19619
order of immobilization of the vehicle under section 4503.233 of19620
the Revised Code shall be credited against the period of19621
immobilization ordered by the court.19622

       (F)(1) The vehicle ownerExcept as provided in division19623
(D)(4) of this section, the arrested person may be charged19624
expenses or charges incurred in the removal and storage of the19625
immobilized vehicle. The court with jurisdiction over the case,19626
after notice to all interested parties, including lienholders, and19627
after an opportunity for them to be heard, if the vehicle owner19628
fails to appear in person, without good cause, or if the court19629
finds that the vehicle ownerarrested person does not intend to19630
seek release of the vehicle at the end of the period of19631
immobilization under section 4503.233 of the Revised Code or that19632
the vehicle ownerarrested person is not or will not be able to19633
pay the expenses and charges incurred in its removal and storage,19634
may order that title to the vehicle be transferred, in order of19635
priority, first into the name of the person or entity that removed19636
it, next into the name of a lienholder, or lastly into the name of19637
the owner of the place of storage.19638

       Any lienholder that receives title under a court order shall19639
do so on the condition that it pay any expenses or charges19640
incurred in the vehicle's removal and storage. If the person or19641
entity that receives title to the vehicle is the person or entity19642
that removed it, the person or entity shall receive title on the19643
condition that it pay any lien on the vehicle. The court shall19644
not order that title be transferred to any person or entity other19645
than the owner of the place of storage if the person or entity19646
refuses to receive the title. Any person or entity that receives19647
title either may keep title to the vehicle or may dispose of the19648
vehicle in any legal manner that it considers appropriate,19649
including assignment of the certificate of title to the motor19650
vehicle to a salvage dealer or a scrap metal processing facility.19651
The person or entity shall not transfer the vehicle to the person19652
who is the vehicle's immediate previous owner.19653

       If the person or entity that receives title assigns the motor19654
vehicle to a salvage dealer or scrap metal processing facility,19655
the person or entity shall send the assigned certificate of title19656
to the motor vehicle to the clerk of the court of common pleas of19657
the county in which the salvage dealer or scrap metal processing19658
facility is located. The person or entity shall mark the face of19659
the certificate of title with the words "FOR DESTRUCTION" and19660
shall deliver a photocopy of the certificate of title to the19661
salvage dealer or scrap metal processing facility for its records.19662

       (2) Whenever a court issues an order under division (F)(1)19663
of this section, the court also shall order removal of the license19664
plates from the vehicle and cause them to be sent to the registrar19665
if they have not already been sent to the registrar. Thereafter,19666
no further proceedings shall take place under this section or19667
under section 4503.233 of the Revised Code.19668

       (3) Prior to initiating a proceeding under division (F)(1)19669
of this section, and upon payment of the fee under division (B) of19670
section 4505.14, any interested party may cause a search to be19671
made of the public records of the bureau of motor vehicles or the19672
clerk of the court of common pleas, to ascertain the identity of19673
any lienholder of the vehicle. The initiating party shall furnish19674
this information to the clerk of the court with jurisdiction over19675
the case, and the clerk shall provide notice to the vehicle owner,19676
the defendantarrested person, any lienholder, and any other19677
interested parties listed by the initiating party, at the last19678
known address supplied by the initiating party, by certified mail,19679
or, at the option of the initiating party, by personal service or19680
ordinary mail.19681

       the offender19682

       Sec. 4510.43.  (A)(1) The director of public safety, upon19683
consultation with the director of health and in accordance with19684
Chapter 119. of the Revised Code, shall certify immobilizing and19685
disabling devices and shall publish and make available to the19686
courts, without charge, a list of approved devices together with19687
information about the manufacturers of the devices and where they19688
may be obtained. The manufacturer of an immobilizing or disabling19689
device shall pay the cost of obtaining the certification of the19690
device to the director of public safety, and the director shall19691
deposit the payment in the drivers' treatment and intervention19692
fund established by sections 4511.19 and 4511.191 of the Revised19693
Code.19694

       (2) The director of public safety, in accordance with19695
Chapter 119. of the Revised Code, shall adopt and publish rules19696
setting forth the requirements for obtaining the certification of19697
an immobilizing or disabling device. The director of public19698
safety shall not certify an immobilizing or disabling device under19699
this section unless it meets the requirements specified and19700
published by the director in the rules adopted pursuant to this19701
division. A certified device may consist of an ignition interlock19702
device, an ignition blocking device initiated by time or magnetic19703
or electronic encoding, an activity monitor, or any other device19704
that reasonably assures compliance with an order granting limited19705
driving privileges.19706

       The requirements for an immobilizing or disabling device that19707
is an ignition interlock device shall include provisions for19708
setting a minimum and maximum calibration range and shall include,19709
but shall not be limited to, specifications that the device19710
complies with all of the following:19711

       (a) It does not impede the safe operation of the vehicle.19712

       (b) It has features that make circumvention difficult and19713
that do not interfere with the normal use of the vehicle.19714

       (c) It correlates well with established measures of alcohol19715
impairment.19716

       (d) It works accurately and reliably in an unsupervised19717
environment.19718

       (e) It is resistant to tampering and shows evidence of19719
tampering if tampering is attempted.19720

       (f) It is difficult to circumvent and requires premeditation19721
to do so.19722

       (g) It minimizes inconvenience to a sober user.19723

       (h) It requires a proper, deep-lung breath sample or other19724
accurate measure of the concentration by weight of alcohol in the19725
breath.19726

       (i) It operates reliably over the range of automobile19727
environments.19728

       (j) It is made by a manufacturer who is covered by product19729
liability insurance.19730

       (3) The director of public safety may adopt, in whole or in19731
part, the guidelines, rules, regulations, studies, or independent19732
laboratory tests performed and relied upon by other states, or19733
their agencies or commissions, in the certification or approval of19734
immobilizing or disabling devices.19735

       (4) The director of public safety shall adopt rules in19736
accordance with Chapter 119. of the Revised Code for the design of19737
a warning label that shall be affixed to each immobilizing or19738
disabling device upon installation. The label shall contain a19739
warning that any person tampering, circumventing, or otherwise19740
misusing the device is subject to a fine, imprisonment, or both19741
and may be subject to civil liability.19742

       (B) A court considering the use of a prototype device in a19743
pilot program shall advise the director of public safety, thirty19744
days before the use, of the prototype device and its protocol,19745
methodology, manufacturer, and licensor, lessor, other agent, or19746
owner, and the length of the court's pilot program. A prototype19747
device shall not be used for a violation of section 4510.14 or19748
4511.19 of the Revised Code, or in relation to a suspension19749
imposed under section 4511.191 of the Revised Code. A court that19750
uses a prototype device in a pilot program, periodically during19751
the existence of the program and within fourteen days after19752
termination of the program, shall report in writing to the19753
director of public safety regarding the effectiveness of the19754
prototype device and the program.19755

       (C) If a person has been granted limited driving privileges19756
with a condition of the privileges being that the motor vehicle19757
that is operated under the privileges must be equipped with an19758
immobilizing or disabling device, all of the following apply:19759

       (1) If a motor vehicle to be driven under the limited19760
driving privileges is owned by the person's employer and if the19761
person is required to operate that motor vehicle in the course and19762
scope of the offender's employment, the person may operate that19763
vehicle without the installation of an immobilizing or disabling19764
device, provided that the employer has been notified that the19765
person has limited driving privileges and of the nature of the19766
restriction and that the person has proof of the employer's19767
notification in the person's possession while operating the19768
employer's vehicle for normal business duties. A motor vehicle19769
owned by a business that is partly or entirely owned or controlled19770
by a person with limited driving privileges is not a motor vehicle19771
owned by an employer, for purposes of this division.19772

       (2) If the motor vehicle to be driven under the limited19773
driving privileges is registered in a state other than this state,19774
instead of installing on that vehicle an immobilizing or disabling19775
device, the person with the limited driving privileges shall19776
display on the vehicle a decal, as prescribed by the registrar of19777
motor vehicles, that states that the vehicle is subject to limited19778
driving privileges in this state and that describes the19779
restriction. The decal shall be displayed on the bottom left19780
cornerof the back window of the vehicle or, if there is no back19781
window, on the bottom left corner of the windshield of the19782
vehicle.19783

       Sec. 4510.44.  (A)(1) No offender with limited driving19784
privileges, during any period that the offender is required to19785
operate only a motor vehicle equipped with an immobilizing or19786
disabling device, shall request or permit any other person to19787
breathe into the device if it is an ignition interlock device or19788
another type of device that monitors the concentration of alcohol19789
in a person's breath or to otherwise start the motor vehicle19790
equipped with the device, for the purpose of providing the19791
offender with an operable motor vehicle.19792

       (2)(a) Except as provided in division (A)(2)(b) of this19793
section, no person shall breathe into an immobilizing or disabling19794
device that is an ignition interlock device or another type of19795
device that monitors the concentration of alcohol in a person's19796
breath or otherwise start a motor vehicle equipped with an19797
immobilizing or disabling device, for the purpose of providing an19798
operable motor vehicle to an offender with limited driving19799
privileges who is permitted to operate only a motor vehicle19800
equipped with an immobilizing or disabling device.19801

       (b) Division (A)(2)(a) of this section does not apply to an19802
offender with limited driving privileges who breathes into an19803
immobilizing or disabling device that is an ignition interlock19804
device or another type of device that monitors the concentration19805
of alcohol in a person's breath or who otherwise starts a motor19806
vehicle equipped with an immobilizing or disabling device, if the19807
person breathes into the device or starts the vehicle for the19808
purpose of providing the person with an operable motor vehicle.19809

       (3) No unauthorized person shall tamper with or circumvent19810
the operation of an immobilizing or disabling device.19811

       (B) Whoever violates this section is guilty of an19812
immobilizing or disabling device violation, a misdemeanor of the19813
first degree.19814

       Sec. 4507.54.        Sec. 4510.52.  (A) Upon the receipt of any driver's19815
license or commercial driver's license or permit that has been19816
suspended, revoked,or canceled, or forfeited under any provision19817
of law, and notwithstanding any other provision of law that19818
requires the registrar of motor vehicles to retain the license or19819
permit, the registrar may destroy the license or permit.19820

       (B) If, as authorized by division (A) of this section, the19821
registrar destroys a license or permit that has been suspended,19822
revoked,or canceled, or forfeited, hethe registrar shall reissue19823
or authorize the reissuance of a new license or permit to the19824
person to whom the destroyed license or permit orginally19825
originally was issued upon payment of a fee in the same amount as19826
the fee specified in division (C) of section 4507.23 of the19827
Revised Code for a duplicate license or permit and upon payment of19828
a service fee in the same amount as specified in division (D) of19829
section 4503.10 of the Revised Code if issued by a deputy19830
registrar or in division (G) of that section if issued by the19831
registrar.19832

       This division applies only if the driver's license or19833
commercial driver's license or permit that was destroyed would19834
have been valid at the time the person applies for the duplicate19835
license or permit. A duplicate driver's license or commercial19836
driver's license or permit issued under this section shall bear19837
the same expiration date that appeared on the license or permit it19838
replaces.19839

       Sec. 4507.55.        Sec. 4510.53.  (A) Upon the receipt of any driver's19840
or commercial driver's license or permit that has been revoked or19841
suspended under section 4511.19or 4511.191 of the Revised Code,19842
the registrar of motor vehicles, notwithstanding any other19843
provision of law that purports to require himthe registrar to19844
retain the license or permit, may destroy the license or permit.19845

       (B)(1) Subject to division (B)(2) of this section, if a19846
driver's or commercial driver's license or permit that has been19847
suspended under section 4511.19or 4511.191 of the Revised Code is19848
delivered to the registrar and if the registrar destroys the19849
license or permit under authority of division (A) of this section,19850
the registrar shall reissue or authorize the reissuance of a19851
driver's or commercial driver's license to the person, free of19852
payment of any type of fee or charge, if either of the following19853
applies:19854

       (a) The person appeals the suspension of the license or19855
permit at hisor within thirty days of the person's initial19856
appearance, pursuant to division (H) of section 4511.1914511.19719857
of the Revised Code, the judge of the court of record or the mayor19858
of the mayor's court who conducts the initial appearance19859
terminates the suspension, and the judge or mayor does not suspend19860
the license or permit under section 4511.196 of the Revised Code;19861

       (b) The person appeals the suspension of the license or19862
permit at hisor within thirty days of the person's initial19863
appearance, pursuant to division (H) of section 4511.1914511.19719864
of the Revised Code, the judge of the court of record or the mayor19865
of the mayor's court who conducts the initial appearance does not19866
terminate the suspension, the person appeals the judge's or19867
mayor's decision not to terminate the suspension that is made at19868
the initial appearance, and upon appeal of the decision, the19869
suspension is terminated.19870

       (2) Division (B)(1) of this section applies only if the19871
driver's or commercial driver's license that was destroyed would19872
have been valid at the time in question, if it had not been19873
destroyed as permitted by division (A) of this section.19874

       (C) A driver's or commericalcommercial driver's license or19875
permit issued to a person pursuant to division (B)(1) of this19876
section shall bear the same expiration date as the expiration date19877
that appeared on the license it replaces.19878

       Sec. 4510.54.  (A) A person whose driver's or commercial19879
driver's license has been suspended for life under a class one19880
suspension or as otherwise provided by law or has been suspended19881
for a period in excess of fifteen years under a class two19882
suspension may file a motion with the sentencing court for19883
modification or termination of the suspension. A motion under19884
this division may be heard only once. The person filing the19885
motion shall demonstrate all of the following:19886

       (1) At least fifteen years have elapsed since the suspension19887
began.19888

       (2) For the past fifteen years, the person has not been19889
found guilty of any felony, any offense involving a moving19890
violation under federal law, the law of this state, or the law of19891
any of its political subdivisions, or any violation of a19892
suspension under this chapter or a substantially equivalent19893
municipal ordinance.19894

       (3) The person has proof of financial responsibility, a19895
policy of liability insurance in effect that meets the minimum19896
standard set forth in section 4509.51 of the Revised Code, or19897
proof, to the satisfaction of the registrar of motor vehicles,19898
that the person is able to respond in damages in an amount at19899
least equal to the minimum amounts specified in that section.19900

       (4) If the suspension was imposed because the person was19901
under the influence of alcohol, a drug of abuse, or combination of19902
them at the time of the offense, the person also shall demonstrate19903
all of the following:19904

       (a) The person successfully completed an alcohol, drug, or19905
alcohol and drug treatment program.19906

       (b) The person has not abused alcohol or other drugs for a19907
period satisfactory to the court.19908

       (c) For the past fifteen years, the person has not been19909
found guilty of any alcohol-related or drug-related offense.19910

       (B) Upon receipt of a motion for modification or termination19911
of the suspension under this section, the court may schedule a19912
hearing on the motion. If scheduled, the hearing shall be19913
conducted in open court within ninety days after the date on which19914
the motion is filed.19915

       (C) The court shall notify the person whose license was19916
suspended and the prosecuting attorney of the date, time, and19917
location of the hearing. Upon receipt of the notice from the19918
court, the prosecuting attorney shall notify the victim or the19919
victim's representative of the date, time, and location of the19920
hearing.19921

       (D) At any hearing under this section, the person who seeks19922
modification or termination of the suspension has the burden to19923
demonstrate, under oath, that the person meets the requirements of19924
division (A) of this section. At the hearing, the court shall19925
afford the offender or the offender's counsel an opportunity to19926
present oral or written information relevant to the motion. The19927
court shall afford a similar opportunity to provide relevant19928
information to the prosecuting attorney and the victim or victim's19929
representative.19930

       Before ruling on the motion, the court shall take into19931
account the person's driving record, the nature of the offense19932
that led to the suspension, and the impact of the offense on any19933
victim. In addition, if the offender is eligible for modification19934
or termination of the suspension under division (A)(2) of this19935
section, the court shall consider whether the person committed any19936
other offense while under suspension and determine whether the19937
offense is relevant to a determination under this section. The19938
court may modify or terminate the suspension subject to any19939
considerations it considers proper if it finds that allowing the19940
person to drive is not likely to present a danger to the public. 19941
After the court makes a ruling on a motion filed under this19942
section, the prosecuting attorney shall notify the victim or the19943
victim's representative of the court's ruling.19944

       (E) If a court modifies a person's license suspension under19945
this section and the person subsequently is found guilty of any19946
moving violation or of any substantially equivalent municipal19947
ordinance that carries as a possible penalty the suspension of a19948
person's driver's or commercial driver's license, the court may19949
reimpose the class one or other lifetime suspension, or the class19950
two suspension, whichever is applicable.19951

       Sec. 4507.60.        Sec. 4510.61.  The driver license compact is hereby19952
enacted into law and entered into with all other jurisdictions19953
legally joining therein in the form substantially as follows:19954

ARTICLE I
19955

Findings and Declaration of Policy
19956

       (a) The party states find that:19957

       (1) The safety of their streets and highways is materially19958
affected by the degree of compliance with state and local19959
ordinances relating to the operation of motor vehicles.19960

       (2) Violation of such a law or ordinance is evidence that19961
the violator engages in conduct which is likely to endanger the19962
safety of persons and property.19963

       (3) The continuance in force of a license to drive is19964
predicated upon compliance with laws and ordinances relating to19965
the operation of motor vehicles, in whichever jurisdiction the19966
vehicle is operated.19967

       (b) It is the policy of each of the party states to:19968

       (1) Promote compliance with the laws, ordinances, and19969
administrative rules and regulations relating to the operation of19970
motor vehicles by their operators in each of the jurisdictions19971
where such operators drive motor vehicles.19972

       (2) Make the reciprocal recognition of licenses to drive and19973
eligibility therefor more just and equitable by considering the19974
over-all compliance with motor vehicle laws, ordinances, and19975
administrative rules and regulations as a condition precedent to19976
the continuance or issuance of any license by reason of which the19977
licensee is authorized or permitted to operate a motor vehicle in19978
any of the party states.19979

ARTICLE II
19980

Definitions
19981

       As used in this compact:19982

       (a) "State" means a state, territory, or possession of the19983
United States, the District of Columbia, or the Commonwealth of19984
Puerto Rico.19985

       (b) "Home state" means the state that has issued and has the19986
power to suspend or revoke the use of the license or permit to19987
operate a motor vehicle.19988

       (c) "Conviction" means a conviction of any offense related19989
to the use or operation of a motor vehicle that is prohibited by19990
state law, municipal ordinance, or administrative rule or19991
regulation; or a forfeiture of bail, bond, or other security19992
deposited to secure appearance by a person charged with having19993
committed any such offense, and which conviction or forfeiture is19994
required to be reported to the licensing authority.19995

ARTICLE III
19996

Reports of Conviction
19997

       The licensing authority of a party state shall report each19998
conviction of a person from another party state occurring within19999
its jurisdiction to the licensing authority of the home state of20000
the licensee. Such report shall clearly identify the person20001
convicted; describe the violation specifying the section of the20002
statute, code, or ordinance violated; identify the court in which20003
action was taken; indicate whether a plea of guilty or not guilty20004
was entered, or the security; and shall include any special20005
findings made in connection therewith.20006

ARTICLE IV
20007

Effect of Conviction
20008

       (a) The licensing authority in the home state, for the20009
purpose of suspension, revocation, or limitation of the license to20010
operate a motor vehicle, shall give the same effect to the conduct20011
reported, pursuant to Article III of this compact, as it would if20012
such conduct had occurred in the home state, in the case of20013
convictions for:20014

       (1) Manslaughter or negligent homicide resulting from the20015
operation of a motor vehicle;20016

       (2) Driving a motor vehicle while under the influence of20017
intoxicating liquor or a narcotic drug, or under the influence of20018
any other drug to a degree that renders the driver incapable of20019
safely driving a motor vehicle;20020

       (3) Any felony in the commission of which a motor vehicle is20021
used;20022

       (4) Failure to stop and render aid in the event of a motor20023
vehicle accident resulting in the death or personal injury of20024
another.20025

       (b) As to other convictions, reported pursuant to Article20026
III, the licensing authority in the home state shall give such20027
effect to conduct as is provided by the laws of the home state.20028

       (c) If the laws of a party state do not provide for offenses20029
or violations denominated or described in precisely the words20030
employed in subdivision (a) of this Article, such party state20031
shall construe the denominations and descriptions appearing in20032
subdivision (a) hereof as being applicable to and identifying20033
those offenses or violations of a substantially similar nature,20034
and the laws of such party state shall contain such provisions as20035
may be necessary to ensure that full force and effect is given to20036
this Article.20037

ARTICLE V
20038

Applications for New Licenses
20039

       Upon application for a license to drive, the licensing20040
authority in a party state shall ascertain whether the applicant20041
has ever held, or is the holder of, a license to drive issued by20042
any other party state. The licensing authority in the state where20043
application is made shall not issue a license to drive to the20044
applicant if:20045

       (1) The applicant has held such a license, but the same has20046
been suspended by reason, in whole or in part, of a violation and20047
if such suspension period has not terminated.20048

       (2) The applicant has held such a license, but the same has20049
been revoked by reason, in whole or in part, of a violation; and20050
if such revocation has not terminated, except that after the20051
expiration of one year from the date the license was revoked, such20052
person may make application for a new license if permitted by law.20053
The licensing authority may refuse to issue a license to any such20054
applicant if, after investigation, the licensing authority20055
determines that it will not be safe to grant to such person the20056
privilege of driving a motor vehicle on the public highways.20057

       (3) The applicant is the holder of a license to drive issued20058
by another party state and currently in force unless the applicant20059
surrenders such license.20060

ARTICLE VI
20061

Applicability of Other Laws
20062

       Except as expressly required by provisions of this compact,20063
nothing contained herein shall be construed to affect the right of20064
any party state to apply any of its other laws relating to20065
licenses to drive to any person or circumstance, nor to invalidate20066
or prevent any driver license agreement or other cooperative20067
arrangement between a party state and a nonparty state.20068

ARTICLE VII
20069

Compact Administrator and Interchange of Information
20070

       (a) The head of the licensing authority of each party state20071
shall be the administrator of this compact for his state. The20072
administrators, acting jointly, shall have the power to formulate20073
all necessary and proper procedures for the exchange of20074
information under this compact.20075

       (b) The administrator of each party state shall furnish to20076
the administrator of each other party state any information or20077
documents reasonably necessary to facilitate the administration of20078
this compact.20079

ARTICLE VIII
20080

Entry Into Force and Withdrawal
20081

       (a) This compact shall enter into force and become effective20082
as to any state when it has enacted the same into law.20083

       (b) Any party state may withdraw from this compact by20084
enacting a statute repealing the same, but no such withdrawal20085
shall take effect until six months after the executive head of the20086
withdrawing state has given notice of the withdrawal to the20087
executive heads of all other party states. No withdrawal shall20088
affect the validity or applicability by the licensing authorities20089
of states remaining party to the compact of any report of20090
conviction occurring prior to the withdrawal.20091

ARTICLE IX
20092

Construction and Severability
20093

       This compact shall be liberally construed so as to effectuate20094
the purposes thereof. The provisions of this compact shall be20095
severable; and if any phrase, clause, sentence, or provision of20096
this compact is declared to be contrary to the constitution of any20097
party state or of the United States or the applicability thereof20098
to any government, agency, person, or circumstance is held20099
invalid, the validity of the remainder of this compact and the20100
applicability thereof to any government, agency, person, or20101
circumstance shall not be affected thereby. If this compact shall20102
be held contrary to the constitution of any state party thereto,20103
the compact shall remain in full force and effect as to the20104
remaining states and in full force and effect as to the state20105
affected as to all severable matters.20106

       Sec. 4507.61.        Sec. 4510.62.  (A) "Executive head" as used in20107
article VIII (b) of the compact set forth in section 4507.6020108
4510.61 of the Revised Code with reference to this state means the20109
governor.20110

       (B) "Licensing authority" as used in Articles III, IV, V,20111
and VII of the compact set forth in section 4507.604510.61 of the20112
Revised Code with reference to this state means the bureau of20113
motor vehicles within the department of public safety.20114

       Sec. 4507.62.        Sec. 4510.63.  Pursuant to Article VII of the20115
compact set forth in section 4507.604510.61 of the Revised Code20116
the bureau of motor vehicles shall furnish to the appropriate20117
authorities of any other party state any information or documents20118
reasonably necessary to facilitate the administration of Articles20119
III, IV, and V of the compact set forth in section 4507.604510.6120120
of the Revised Code.20121

       Sec. 4507.63.        Sec. 4510.64.  The compact administrator provided20122
for in Article VII of the compact set forth in section 4507.6020123
4510.61 of the Revised Code is not entitled to any additional20124
compensation because of his servicesfor serving as administrator20125
of the compact, but shall be reimbursed for travel and other20126
necessary expenses incurred in the performance of his official20127
duties thereunder as provided by law for other state officers.20128

       Sec. 4511.95.        Sec. 4510.71.  The nonresident violator compact,20129
hereinafter called "the compact," is hereby enacted into law and20130
entered into with all other jurisdictions legally joining therein20131
in the form substantially as follows:20132

"NONRESIDENT VIOLATOR COMPACT
20133

Article I
20134

Findings, Declaration of Policy and Purpose
20135

       (A) The party jurisdictions find that:20136

       (1) In most instances, a motorist who is cited for a traffic20137
violation in a jurisdiction other than his home jurisdiction:20138

       (a) Must post collateral or bond to secure appearance for20139
trial at a later date; or20140

       (b) If unable to post collateral or bond, is taken into20141
custody until the collateral or bond is posted; or20142

       (c) Is taken directly to court for his trial to be held.20143

       (2) In some instances, the motorist's driver's license may20144
be deposited as collateral to be returned after he has complied20145
with the terms of the citation.20146

       (3) The purpose of the practices described in divisions20147
(A)(1) and (2) of this article is to ensure compliance with the20148
terms of a traffic citation by the motorist who, if permitted to20149
continue on his way after receiving the traffic citation, could20150
return to his home jurisdiction and disregard his duty under the20151
terms of the traffic citation.20152

       (4) A motorist receiving a traffic citation in his home20153
jurisdiction is permitted, except for certain violations, to20154
accept the citation from the officer at the scene of the violation20155
and to immediately continue on his way after promising or being20156
instructed to comply with the terms of the citation.20157

       (5) The practice described in division (A)(1) of this20158
article causes unnecessary inconvenience and, at times, a hardship20159
for the motorist who is unable at the time to post collateral,20160
furnish a bond, stand trial, or pay the fine, and thus is20161
compelled to remain in custody until some arrangement can be made.20162

       (6) The deposit of a driver's license as a bail bond, as20163
described in division (A)(2) of this article, is viewed with20164
disfavor.20165

       (7) The practices described herein consume an undue amount20166
of law enforcement time.20167

       (B) It is the policy of the party jurisdictions to:20168

       (1) Seek compliance with the laws, ordinances, and20169
administrative rules and regulations relating to the operation of20170
motor vehicles in each of the jurisdictions;20171

       (2) Allow motorists to accept a traffic citation for certain20172
violations and proceed on their way without delay whether or not20173
the motorist is a resident of the jurisdiction in which the20174
citation was issued;20175

       (3) Extend cooperation to its fullest extent among the20176
jurisdictions for obtaining compliance with the terms of a traffic20177
citation issued in one jurisdiction to a resident of another20178
jurisdiction;20179

       (4) Maximize effective utilization of law enforcement20180
personnel and assist court systems in the efficient disposition of20181
traffic violations.20182

       (C) The purpose of this compact is to:20183

       (1) Provide a means through which the party jurisdictions20184
may participate in a reciprocal program to effectuate the policies20185
enumerated in division (B) of this article in a uniform and20186
orderly manner;20187

       (2) Provide for the fair and impartial treatment of traffic20188
violators operating within party jurisdictions in recognition of20189
the motorist's right of due process and the sovereign status of a20190
party jurisdiction.20191

Article II Definitions
20192

       (A) In the nonresident violator compact, the following words20193
have the meaning indicated, unless the context requires otherwise.20194

       (B)(1) "Citation" means any summons, ticket, or other20195
official document issued by a police officer for a traffic20196
violation containing an order which requires the motorist to20197
respond.20198

       (2) "Collateral" means any cash or other security deposited20199
to secure an appearance for trial, following the issuance by a20200
police officer of a citation for a traffic violation.20201

       (3) "Court" means a court of law or traffic tribunal.20202

       (4) "Driver's license" means any license or privilege to20203
operate a motor vehicle issued under the laws of the home20204
jurisdiction.20205

       (5) "Home jurisdiction" means the jurisdiction that issued20206
the driver's license of the traffic violator.20207

       (6) "Issuing jurisdiction" means the jurisdiction in which20208
the traffic citation was issued to the motorist.20209

       (7) "Jurisdiction" means a state, territory, or possession20210
of the United States, the District of Columbia, or the20211
Commonwealth of Puerto Rico.20212

       (8) "Motorist" means a driver of a motor vehicle operating20213
in a party jurisdiction other than the home jurisdiction.20214

       (9) "Personal recognizance" means an agreement by a motorist20215
made at the time of issuance of the traffic citation that he will20216
comply with the terms of that traffic citation.20217

       (10) "Police officer" means any individual authorized by the20218
party jurisdiction to issue a citation for a traffic violation.20219

       (11) "Terms of the citation" means those options expressly20220
stated upon the citation.20221

Article III
20222

Procedure for Issuing Jurisdiction
20223

       (A) When issuing a citation for a traffic violation, a20224
police officer shall issue the citation to a motorist who20225
possesses a driver's license issued by a party jurisdiction and20226
shall not, subject to the exceptions noted in division (B) of this20227
article, require the motorist to post collateral to secure20228
appearance, if the officer receives the motorist's signed,20229
personal recognizance that he or she will comply with the terms of20230
the citation.20231

       (B) Personal recognizance is acceptable only if not20232
prohibited by law. If mandatory appearance is required, it must20233
take place immediately following issuance of the citation.20234

       (C) Upon failure of a motorist to comply with the terms of a20235
traffic citation, the appropriate official shall report the20236
failure to comply to the licensing authority of the jurisdiction20237
in which the traffic citation was issued. The report shall be20238
made in accordance with procedures specified by the issuing20239
jurisdiction and shall contain information as specified in the20240
compact manual as minimum requirements for effective processing by20241
the home jurisdiction.20242

       (D) Upon receipt of the report, the licensing authority of20243
the issuing jurisdiction shall transmit to the licensing authority20244
in the home jurisdiction of the motorist the information in a form20245
and content as contained in the compact manual.20246

       (E) The licensing authority of the issuing jurisdiction may20247
not suspend the privilege of a motorist for whom a report has been20248
transmitted.20249

       (F) The licensing authority of the issuing jurisdiction20250
shall not transmit a report on any violation if the date of20251
transmission is more than six months after the date on which the20252
traffic citation was issued.20253

       (G) The licensing authority of the issuing jurisdiction20254
shall not transmit a report on any violation where the date of20255
issuance of the citation predates the most recent of the effective20256
dates of entry for the two jurisdictions affected.20257

Article IV Procedures for Home Jurisdiction
20258

       (A) Upon receipt of a report of a failure to comply from the20259
licensing authority of the issuing jurisdiction, the licensing20260
authority of the home jurisdiction shall notify the motorist and20261
initiate a suspension action, in accordance with the home20262
jurisdiction's procedures, to suspend the motorist's driver's20263
license until satisfactory evidence of compliance with the terms20264
of the traffic citation has been furnished to the home20265
jurisdiction licensing authority. Due process safeguards will be20266
accorded.20267

       (B) The licensing authority of the home jurisdiction shall20268
maintain a record of actions taken and make reports to issuing20269
jurisdictions as provided in the compact manual.20270

Article V Applicability of Other Laws
20271

       Except as expressly required by provisions of this compact,20272
nothing contained herein shall be construed to affect the right of20273
any party jurisdiction to apply any of its other laws relating to20274
licenses to drive to any person or circumstance, or to invalidate20275
or prevent any driver license agreement or other cooperative20276
arrangement between a party jurisdiction and nonparty20277
jurisdiction.20278

Article VI Compact Administrator Procedures
20279

       (A) For the purpose of administering the provisions of this20280
compact and to serve as a governing body for the resolution of all20281
matters relating to the operation of this compact, a board of20282
compact administrators is established. The board shall be20283
composed of one representative from each party jurisdiction to be20284
known as the compact administrator. The compact administrator20285
shall be appointed by the jurisdiction executive and will serve20286
and be subject to removal in accordance with the laws of the20287
jurisdiction he represents. A compact administrator may provide20288
for the discharge of his duties and the performance of his20289
functions as a board member by an alternate. An alternate may not20290
be entitled to serve unless written notification of his identity20291
has been given to the board.20292

       (B) Each member of the board of compact administrators shall20293
be entitled to one vote. No action of the board shall be binding20294
unless taken at a meeting at which a majority of the total number20295
of votes on the board are cast in favor. Action by the board20296
shall be only at a meeting at which a majority of the party20297
jurisdictions are represented.20298

       (C) The board shall elect annually, from its membership, a20299
chairman and a vice chairman.20300

       (D) The board shall adopt bylaws, not inconsistent with the20301
provisions of this compact or the laws of a party jurisdiction,20302
for the conduct of its business and shall have the power to amend20303
and rescind its bylaws.20304

       (E) The board may accept for any of its purposes and20305
functions under this compact any and all donations, and grants of20306
money, equipment, supplies, materials, and services, conditional20307
or otherwise, from any jurisdiction, the United States, or any20308
other governmental agency, and may receive, utilize, and dispose20309
of the same.20310

       (F) The board may contract with, or accept services or20311
personnel from, any governmental or intergovernmental agency,20312
person, firm, or corporation, or any private nonprofit20313
organization or institution.20314

       (G) The board shall formulate all necessary procedures and20315
develop uniform forms and documents for administering the20316
provisions of this compact. All procedures and forms adopted20317
pursuant to board action shall be contained in the compact manual.20318

Article VII Entry into Compact and Withdrawal
20319

       (A) This compact shall become effective when it has been20320
adopted by at least two jurisdictions.20321

       (B)(1) Entry into the compact shall be made by a resolution20322
of ratification executed by the authorized officials of the20323
applying jurisdiction and submitted to the chairman of the board.20324

       (2) The resolution shall be in a form and content as20325
provided in the compact manual and shall include statements that20326
in substance are as follows:20327

       (a) A citation of the authority by which the jurisdiction is20328
empowered to become a party to this compact;20329

       (b) Agreement to comply with the terms and provisions of the20330
compact;20331

       (c) That compact entry is with all jurisdictions then party20332
to the compact and with any jurisdiction that legally becomes a20333
party to the compact.20334

       (3) The effective date of entry shall be specified by the20335
applying jurisdiction, but it shall not be less than sixty days20336
after notice has been given by the chairman of the board of20337
compact administrators or by the secretariat of the board to each20338
party jurisdiction that the resolution from the applying20339
jurisdiction has been received.20340

       (C) A party jurisdiction may withdraw from this compact by20341
official written notice to the other party jurisdictions, but a20342
withdrawal shall not take effect until ninety days after notice of20343
withdrawal is given. The notice shall be directed to the compact20344
administrator of each member jurisdiction. No withdrawal shall20345
affect the validity of this compact as to the remaining party20346
jurisdictions.20347

Article VIII Exceptions
20348

       The provisions of this compact shall not apply to parking or20349
standing violations, highway weight limit violations, and20350
violations of law governing the transportation of hazardous20351
materials.20352

Article IX Amendments to the Compact
20353

       (A) This compact may be amended from time to time.20354
Amendments shall be presented in resolution form to the chairman20355
of the board of compact administrators and may be initiated by one20356
or more party jurisdictions.20357

       (B) Adoption of an amendment shall require endorsement of20358
all party jurisdictions and shall become effective thirty days20359
after the date of the last endorsement.20360

       (C) Failure of a party jurisdiction to respond to the20361
compact chairman within one hundred twenty days after receipt of20362
the proposed amendment shall constitute endorsement.20363

Article X Construction and Severability
20364

       This compact shall be liberally construed so as to effectuate20365
the purposes stated herein. The provisions of this compact shall20366
be severable and if any phrase, clause, sentence, or provision of20367
this compact is declared to be contrary to the constitution of any20368
party jurisdiction or of the United States or the applicability20369
thereof to any government, agency, person, or circumstance, the20370
compact shall not be affected thereby. If this compact shall be20371
held contrary to the constitution of any jurisdiction party20372
thereto, the compact shall remain in full force and effect as to20373
the remaining jurisdictions and in full force and effect as to the20374
jurisdiction affected as to all severable matters.20375

Article XI Title
20376

       This compact shall be known as the Nonresident Violator20377
Compact of 1977."20378

       Sec. 4511.951.        Sec. 4510.72.  (A) A fee of thirty dollars shall20379
be charged by the registrar of motor vehicles for the20380
reinstatement of any driver's license suspended pursuant to20381
division (A) of Article IV of the compact enacted in section20382
4511.954510.71 of the Revised Code.20383

       (B) Pursuant to division (A) of Article VI of the20384
nonresident violator compact of 1977 enacted in section 4511.9520385
4510.71 of the Revised Code, the director of public safety shall20386
serve as the compact administrator for Ohio.20387

       Sec. 4511.01.  As used in this chapter and in Chapter 4513.20388
of the Revised Code:20389

       (A) "Vehicle" means every device, including a motorized20390
bicycle, in, upon, or by which any person or property may be20391
transported or drawn upon a highway, except that "vehicle" does20392
not include any motorized wheelchairswheelchair, devicesany20393
device that is moved by power collected from overhead electric20394
trolley wires, or that is used exclusively upon stationary rails20395
or tracks, and devicesor any device, other than bicyclesa20396
bicycle, that is moved by human power.20397

       (B) "Motor vehicle" means every vehicle propelled or drawn20398
by power other than muscular power or power collected from20399
overhead electric trolley wires, except motorized bicycles, road20400
rollers, traction engines, power shovels, power cranes, and other20401
equipment used in construction work and not designed for or20402
employed in general highway transportation, hole-digging20403
machinery, well-drilling machinery, ditch-digging machinery, farm20404
machinery, trailers used to transport agricultural produce or20405
agricultural production materials between a local place of storage20406
or supply and the farm when drawn or towed on a street or highway20407
at a speed of twenty-five miles per hour or less, threshing20408
machinery, hay-baling machinery, agricultural tractors and20409
machinery used in the production of horticultural, floricultural,20410
agricultural, and vegetable products, and trailers designed and20411
used exclusively to transport a boat between a place of storage20412
and a marina, or in and around a marina, when drawn or towed on a20413
street or highway for a distance of no more than ten miles and at20414
a speed of twenty-five miles per hour or less.20415

       (C) "Motorcycle" means every motor vehicle, other than a20416
tractor, having a saddle for the use of the operator and designed20417
to travel on not more than three wheels in contact with the20418
ground, including, but not limited to, motor vehicles known as20419
"motor-driven cycle," "motor scooter," or "motorcycle" without20420
regard to weight or brake horsepower.20421

       (D) "Emergency vehicle" means emergency vehicles of20422
municipal, township, or county departments or public utility20423
corporations when identified as such as required by law, the20424
director of public safety, or local authorities, and motor20425
vehicles when commandeered by a police officer.20426

       (E) "Public safety vehicle" means any of the following:20427

       (1) Ambulances, including private ambulance companies under20428
contract to a municipal corporation, township, or county, and20429
private ambulances and nontransport vehicles bearing license20430
plates issued under section 4503.49 of the Revised Code;20431

       (2) Motor vehicles used by public law enforcement officers20432
or other persons sworn to enforce the criminal and traffic laws of20433
the state;20434

       (3) Any motor vehicle when properly identified as required20435
by the director of public safety, when used in response to fire20436
emergency calls or to provide emergency medical service to ill or20437
injured persons, and when operated by a duly qualified person who20438
is a member of a volunteer rescue service or a volunteer fire20439
department, and who is on duty pursuant to the rules or directives20440
of that service. The state fire marshal shall be designated by20441
the director of public safety as the certifying agency for all20442
public safety vehicles described in division (E)(3) of this20443
section.20444

       (4) Vehicles used by fire departments, including motor20445
vehicles when used by volunteer fire fighters responding to20446
emergency calls in the fire department service when identified as20447
required by the director of public safety.20448

       Any vehicle used to transport or provide emergency medical20449
service to an ill or injured person, when certified as a public20450
safety vehicle, shall be considered a public safety vehicle when20451
transporting an ill or injured person to a hospital regardless of20452
whether such vehicle has already passed a hospital.20453

       (5) Vehicles used by the commercial motor vehicle safety20454
enforcement unit for the enforcement of orders and rules of the20455
public utilities commission as specified in section 5503.34 of the20456
Revised Code.20457

       (F) "School bus" means every bus designed for carrying more20458
than nine passengers that is owned by a public, private, or20459
governmental agency or institution of learning and operated for20460
the transportation of children to or from a school session or a20461
school function, or owned by a private person and operated for20462
compensation for the transportation of children to or from a20463
school session or a school function, provided "school bus" does20464
not include a bus operated by a municipally owned transportation20465
system, a mass transit company operating exclusively within the20466
territorial limits of a municipal corporation, or within such20467
limits and the territorial limits of municipal corporations20468
immediately contiguous to such municipal corporation, nor a common20469
passenger carrier certified by the public utilities commission20470
unless such bus is devoted exclusively to the transportation of20471
children to and from a school session or a school function, and20472
"school bus" does not include a van or bus used by a licensed20473
child day-care center or type A family day-care home to transport20474
children from the child day-care center or type A family day-care20475
home to a school if the van or bus does not have more than fifteen20476
children in the van or bus at any time.20477

       (G) "Bicycle" means every device, other than a tricycle20478
designed solely for use as a play vehicle by a child, propelled20479
solely by human power upon which any person may ride having either20480
two tandem wheels, or one wheel in the front and two wheels in the20481
rear, any of which is more than fourteen inches in diameter.20482

       (H) "Motorized bicycle" means any vehicle having either two20483
tandem wheels or one wheel in the front and two wheels in the20484
rear, that is capable of being pedaled and is equipped with a20485
helper motor of not more than fifty cubic centimeters piston20486
displacement that produces no more than one brake horsepower and20487
is capable of propelling the vehicle at a speed of no greater than20488
twenty miles per hour on a level surface.20489

       (I) "Commercial tractor" means every motor vehicle having20490
motive power designed or used for drawing other vehicles and not20491
so constructed as to carry any load thereon, or designed or used20492
for drawing other vehicles while carrying a portion of such other20493
vehicles, or load thereon, or both.20494

       (J) "Agricultural tractor" means every self-propelling20495
vehicle designed or used for drawing other vehicles or wheeled20496
machinery but having no provision for carrying loads independently20497
of such other vehicles, and used principally for agricultural20498
purposes.20499

       (K) "Truck" means every motor vehicle, except trailers and20500
semitrailers, designed and used to carry property.20501

       (L) "Bus" means every motor vehicle designed for carrying20502
more than nine passengers and used for the transportation of20503
persons other than in a ridesharing arrangement, and every motor20504
vehicle, automobile for hire, or funeral car, other than a taxicab20505
or motor vehicle used in a ridesharing arrangement, designed and20506
used for the transportation of persons for compensation.20507

       (M) "Trailer" means every vehicle designed or used for20508
carrying persons or property wholly on its own structure and for20509
being drawn by a motor vehicle, including any such vehicle when20510
formed by or operated as a combination of a "semitrailer" and a20511
vehicle of the dolly type, such as that commonly known as a20512
"trailer dolly," a vehicle used to transport agricultural produce20513
or agricultural production materials between a local place of20514
storage or supply and the farm when drawn or towed on a street or20515
highway at a speed greater than twenty-five miles per hour, and a20516
vehicle designed and used exclusively to transport a boat between20517
a place of storage and a marina, or in and around a marina, when20518
drawn or towed on a street or highway for a distance of more than20519
ten miles or at a speed of more than twenty-five miles per hour.20520

       (N) "Semitrailer" means every vehicle designed or used for20521
carrying persons or property with another and separate motor20522
vehicle so that in operation a part of its own weight or that of20523
its load, or both, rests upon and is carried by another vehicle.20524

       (O) "Pole trailer" means every trailer or semitrailer20525
attached to the towing vehicle by means of a reach, pole, or by20526
being boomed or otherwise secured to the towing vehicle, and20527
ordinarily used for transporting long or irregular shaped loads20528
such as poles, pipes, or structural members capable, generally, of20529
sustaining themselves as beams between the supporting connections.20530

       (P) "Railroad" means a carrier of persons or property20531
operating upon rails placed principally on a private right-of-way.20532

       (Q) "Railroad train" means a steam engine or an electric or20533
other motor, with or without cars coupled thereto, operated by a20534
railroad.20535

       (R) "Streetcar" means a car, other than a railroad train,20536
for transporting persons or property, operated upon rails20537
principally within a street or highway.20538

       (S) "Trackless trolley" means every car that collects its20539
power from overhead electric trolley wires and that is not20540
operated upon rails or tracks.20541

       (T) "Explosives" means any chemical compound or mechanical20542
mixture that is intended for the purpose of producing an explosion20543
that contains any oxidizing and combustible units or other20544
ingredients in such proportions, quantities, or packing that an20545
ignition by fire, by friction, by concussion, by percussion, or by20546
a detonator of any part of the compound or mixture may cause such20547
a sudden generation of highly heated gases that the resultant20548
gaseous pressures are capable of producing destructive effects on20549
contiguous objects, or of destroying life or limb. Manufactured20550
articles shall not be held to be explosives when the individual20551
units contain explosives in such limited quantities, of such20552
nature, or in such packing, that it is impossible to procure a20553
simultaneous or a destructive explosion of such units, to the20554
injury of life, limb, or property by fire, by friction, by20555
concussion, by percussion, or by a detonator, such as fixed20556
ammunition for small arms, firecrackers, or safety fuse matches.20557

       (U) "Flammable liquid" means any liquid that has a flash20558
point of seventy degrees Fahrenheit, or less, as determined by a20559
tagliabue or equivalent closed cup test device.20560

       (V) "Gross weight" means the weight of a vehicle plus the20561
weight of any load thereon.20562

       (W) "Person" means every natural person, firm,20563
co-partnership, association, or corporation.20564

       (X) "Pedestrian" means any natural person afoot.20565

       (Y) "Driver or operator" means every person who drives or is20566
in actual physical control of a vehicle, trackless trolley, or20567
streetcar.20568

       (Z) "Police officer" means every officer authorized to20569
direct or regulate traffic, or to make arrests for violations of20570
traffic regulations.20571

       (AA) "Local authorities" means every county, municipal, and20572
other local board or body having authority to adopt police20573
regulations under the constitution and laws of this state.20574

       (BB) "Street" or "highway" means the entire width between20575
the boundary lines of every way open to the use of the public as a20576
thoroughfare for purposes of vehicular travel.20577

       (CC) "Controlled-access highway" means every street or20578
highway in respect to which owners or occupants of abutting lands20579
and other persons have no legal right of access to or from the20580
same except at such points only and in such manner as may be20581
determined by the public authority having jurisdiction over such20582
street or highway.20583

       (DD) "Private road or driveway" means every way or place in20584
private ownership used for vehicular travel by the owner and those20585
having express or implied permission from the owner but not by20586
other persons.20587

       (EE) "Roadway" means that portion of a highway improved,20588
designed, or ordinarily used for vehicular travel, except the berm20589
or shoulder. If a highway includes two or more separate roadways20590
the term "roadway" means any such roadway separately but not all20591
such roadways collectively.20592

       (FF) "Sidewalk" means that portion of a street between the20593
curb lines, or the lateral lines of a roadway, and the adjacent20594
property lines, intended for the use of pedestrians.20595

       (GG) "Laned highway" means a highway the roadway of which is20596
divided into two or more clearly marked lanes for vehicular20597
traffic.20598

       (HH) "Through highway" means every street or highway as20599
provided in section 4511.65 of the Revised Code.20600

       (II) "State highway" means a highway under the jurisdiction20601
of the department of transportation, outside the limits of20602
municipal corporations, provided that the authority conferred upon20603
the director of transportation in section 5511.01 of the Revised20604
Code to erect state highway route markers and signs directing20605
traffic shall not be modified by sections 4511.01 to 4511.79 and20606
4511.99 of the Revised Code.20607

       (JJ) "State route" means every highway that is designated20608
with an official state route number and so marked.20609

       (KK) "Intersection" means:20610

       (1) The area embraced within the prolongation or connection20611
of the lateral curb lines, or, if none, then the lateral boundary20612
lines of the roadways of two highways which join one another at,20613
or approximately at, right angles, or the area within which20614
vehicles traveling upon different highways joining at any other20615
angle may come in conflict.20616

       (2) Where a highway includes two roadways thirty feet or20617
more apart, then every crossing of each roadway of such divided20618
highway by an intersecting highway shall be regarded as a separate20619
intersection. If an intersecting highway also includes two20620
roadways thirty feet or more apart, then every crossing of two20621
roadways of such highways shall be regarded as a separate20622
intersection.20623

       (3) The junction of an alley with a street or highway, or20624
with another alley, shall not constitute an intersection.20625

       (LL) "Crosswalk" means:20626

       (1) That part of a roadway at intersections ordinarily20627
included within the real or projected prolongation of property20628
lines and curb lines or, in the absence of curbs, the edges of the20629
traversable roadway;20630

       (2) Any portion of a roadway at an intersection or20631
elsewhere, distinctly indicated for pedestrian crossing by lines20632
or other markings on the surface;20633

       (3) Notwithstanding divisions (LL)(1) and (2) of this20634
section, there shall not be a crosswalk where local authorities20635
have placed signs indicating no crossing.20636

       (MM) "Safety zone" means the area or space officially set20637
apart within a roadway for the exclusive use of pedestrians and20638
protected or marked or indicated by adequate signs as to be20639
plainly visible at all times.20640

       (NN) "Business district" means the territory fronting upon a20641
street or highway, including the street or highway, between20642
successive intersections within municipal corporations where fifty20643
per cent or more of the frontage between such successive20644
intersections is occupied by buildings in use for business, or20645
within or outside municipal corporations where fifty per cent or20646
more of the frontage for a distance of three hundred feet or more20647
is occupied by buildings in use for business, and the character of20648
such territory is indicated by official traffic control devices.20649

       (OO) "Residence district" means the territory, not20650
comprising a business district, fronting on a street or highway,20651
including the street or highway, where, for a distance of three20652
hundred feet or more, the frontage is improved with residences or20653
residences and buildings in use for business.20654

       (PP) "Urban district" means the territory contiguous to and20655
including any street or highway which is built up with structures20656
devoted to business, industry, or dwelling houses situated at20657
intervals of less than one hundred feet for a distance of a20658
quarter of a mile or more, and the character of such territory is20659
indicated by official traffic control devices.20660

       (QQ) "Traffic control devices" means all flaggers, signs,20661
signals, markings, and devices placed or erected by authority of a20662
public body or official having jurisdiction, for the purpose of20663
regulating, warning, or guiding traffic, including signs denoting20664
names of streets and highways.20665

       (RR) "Traffic control signal" means any device, whether20666
manually, electrically, or mechanically operated, by which traffic20667
is alternately directed to stop, to proceed, to change direction,20668
or not to change direction.20669

       (SS) "Railroad sign or signal" means any sign, signal, or20670
device erected by authority of a public body or official or by a20671
railroad and intended to give notice of the presence of railroad20672
tracks or the approach of a railroad train.20673

       (TT) "Traffic" means pedestrians, ridden or herded animals,20674
vehicles, streetcars, trackless trolleys, and other devices,20675
either singly or together, while using any highway for purposes of20676
travel.20677

       (UU) "Right-of-way" means either of the following, as the20678
context requires:20679

       (1) The right of a vehicle, streetcar, trackless trolley, or20680
pedestrian to proceed uninterruptedly in a lawful manner in the20681
direction in which it or the individual is moving in preference to20682
another vehicle, streetcar, trackless trolley, or pedestrian20683
approaching from a different direction into its or the20684
individual's path;20685

       (2) A general term denoting land, property, or the interest20686
therein, usually in the configuration of a strip, acquired for or20687
devoted to transportation purposes. When used in this context,20688
right-of-way includes the roadway, shoulders or berm, ditch, and20689
slopes extending to the right-of-way limits under the control of20690
the state or local authority.20691

       (VV) "Rural mail delivery vehicle" means every vehicle used20692
to deliver United States mail on a rural mail delivery route.20693

       (WW) "Funeral escort vehicle" means any motor vehicle,20694
including a funeral hearse, while used to facilitate the movement20695
of a funeral procession.20696

       (XX) "Alley" means a street or highway intended to provide20697
access to the rear or side of lots or buildings in urban districts20698
and not intended for the purpose of through vehicular traffic, and20699
includes any street or highway that has been declared an "alley"20700
by the legislative authority of the municipal corporation in which20701
such street or highway is located.20702

       (YY) "Freeway" means a divided multi-lane highway for20703
through traffic with all crossroads separated in grade and with20704
full control of access.20705

       (ZZ) "Expressway" means a divided arterial highway for20706
through traffic with full or partial control of access with an20707
excess of fifty per cent of all crossroads separated in grade.20708

       (AAA) "Thruway" means a through highway whose entire roadway20709
is reserved for through traffic and on which roadway parking is20710
prohibited.20711

       (BBB) "Stop intersection" means any intersection at one or20712
more entrances of which stop signs are erected.20713

       (CCC) "Arterial street" means any United States or state20714
numbered route, controlled access highway, or other major radial20715
or circumferential street or highway designated by local20716
authorities within their respective jurisdictions as part of a20717
major arterial system of streets or highways.20718

       (DDD) "Ridesharing arrangement" means the transportation of20719
persons in a motor vehicle where such transportation is incidental20720
to another purpose of a volunteer driver and includes ridesharing20721
arrangements known as carpools, vanpools, and buspools.20722

       (EEE) "Motorized wheelchair" means any self-propelled20723
vehicle designed for, and used by, a handicapped person and that20724
is incapable of a speed in excess of eight miles per hour.20725

       (FFF) "Child day-care center" and "type A family day-care20726
home" have the same meanings as in section 5104.01 of the Revised20727
Code.20728

       (GGG) "Multi-wheel agricultural tractor" means a type of20729
agricultural tractor that has two or more wheels or tires on each20730
side of one axle at the rear of the tractor, is designed or used20731
for drawing other vehicles or wheeled machinery, has no provision20732
for carrying loads independently of the drawn vehicles or20733
machinery, and is used principally for agricultural purposes.20734

       (HHH)"Operate" means to cause or have caused movement of a20735
vehicle, streetcar, or trackless trolley on any public or private20736
property used by the public for purposes of vehicular travel or20737
parking.20738

       (III) "Predicate motor vehicle or traffic offense" means any20739
of the following:20740

       (1) A violation of section 4511.03, 4511.051, 4511.12,20741
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,20742
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,20743
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,20744
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,20745
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,20746
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,20747
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,20748
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,20749
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,20750
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;20751

       (2) A violation of division (A)(2) of section 4511.17,20752
divisions (A) to (D) of section 4511.51, or division (A) of20753
section 4511.74 of the Revised Code;20754

       (3) A violation of any provision of sections 4511.01 to20755
4511.76 of the Revised Code for which no penalty otherwise is20756
provided in the section that contains the provision violated;20757

       (4) A violation of a municipal ordinance that is20758
substantially similar to any section or provision set forth or20759
described in division (III)(1), (2), or (3) of this section.20760

       Sec. 4511.03. (A) The driver of any emergency vehicle or20761
public safety vehicle, when responding to an emergency call, upon20762
approaching a red or stop signal or any stop sign shall slow down20763
as necessary for safety to traffic, but may proceed cautiously20764
past such red or stop sign or signal with due regard for the20765
safety of all persons using the street or highway.20766

       (B)Except as otherwise provided in this division, whoever20767
violates this section is guilty of a minor misdemeanor. If,20768
within one year of the offense, the offender previously has been20769
convicted of or pleaded guilty to one predicate motor vehicle or20770
traffic offense, whoever violates this section is guilty of a20771
misdemeanor of the fourth degree. If, within one year of the20772
offense, the offender previously has been convicted of two or more20773
predicate motor vehicle or traffic offenses, whoever violates this20774
section is guilty of a misdemeanor of the third degree.20775

       Sec. 4511.051. (A) No person, unless otherwise directed by20776
a police officer, shall:20777

       (A)(1) As a pedestrian, occupy any space within the limits20778
of the right-of-way of a freeway, except: in a rest area; on a20779
facility that is separated from the roadway and shoulders of the20780
freeway and is designed and appropriately marked for pedestrian20781
use; in the performance of public works or official duties; as a20782
result of an emergency caused by an accident or breakdown of a20783
motor vehicle; or to obtain assistance;20784

       (B)(2) Occupy any space within the limits of the20785
right-of-way of a freeway, with: an animal-drawn vehicle; a20786
ridden or led animal; herded animals; a pushcart; a bicycle,20787
except on a facility that is separated from the roadway and20788
shoulders of the freeway and is designed and appropriately marked20789
for bicycle use; a bicycle with motor attached; a motor driven20790
cycle with a motor which produces not to exceed five brake20791
horsepower; an agricultural tractor; farm machinery; except in the20792
performance of public works or official duties.20793

       (B)Except as otherwise provided in this division, whoever20794
violates this section is guilty of a minor misdemeanor. If,20795
within one year of the offense, the offender previously has been20796
convicted of or pleaded guilty to one predicate motor vehicle or20797
traffic offense, whoever violates this section is guilty of a20798
misdemeanor of the fourth degree. If, within one year of the20799
offense, the offender previously has been convicted of two or more20800
predicate motor vehicle or traffic offenses, whoever violates this20801
section is guilty of a misdemeanor of the third degree.20802

       Sec. 4511.11.  (A) Local authorities in their respective20803
jurisdictions shall place and maintain traffic control devices in20804
accordance with the department of transportation manual and20805
specifications for a uniform system of traffic control devices,20806
adopted under section 4511.09 of the Revised Code, upon highways20807
under their jurisdiction as are necessary to indicate and to carry20808
out sections 4511.01 to 4511.76 and 4511.99 of the Revised Code,20809
local traffic ordinances, or to regulate, warn, or guide traffic.20810

       (B) The director of transportation may require to be removed20811
any traffic control device that does not conform to the manual and20812
specifications for a uniform system of traffic control devices on20813
the extensions of the state highway system within municipal20814
corporations.20815

       (C) No village shall place or maintain any traffic control20816
signal upon an extension of the state highway system within the20817
village without first obtaining the permission of the director. 20818
The director may revoke the permission and may require to be20819
removed any traffic control signal that has been erected without20820
histhe director's permission on an extension of a state highway20821
within a village, or that, if erected under a permit granted by20822
the director, does not conform to the state manual and20823
specifications, or that is not operated in accordance with the20824
terms of the permit.20825

       (D) All traffic control devices erected on a public road,20826
street, or alley, shall conform to the state manual and20827
specifications.20828

       (E) No person, firm, or corporation shall sell or offer for20829
sale to local authorities any traffic control device that does not20830
conform to the state manual and specifications, except by20831
permission of the director.20832

       (F) No local authority shall purchase or manufacture any20833
traffic control device that does not conform to the state manual20834
and specifications, except by permission of the director.20835

       (G)Whoever violates division (E) of this section is guilty20836
of a misdemeanor of the third degree.20837

       Sec. 4511.12. (A) No pedestrian, driver of a vehicle, or20838
operator of a streetcar or trackless trolley shall disobey the20839
instructions of any traffic control device placed in accordance20840
with this chapter, unless at the time otherwise directed by a20841
police officer.20842

       No provision of this chapter for which signs are required20843
shall be enforced against an alleged violator if at the time and20844
place of the alleged violation an official sign is not in proper20845
position and sufficiently legible to be seen by an ordinarily20846
observant person. Whenever a particular section of this chapter20847
does not state that signs are required, that section shall be20848
effective even though no signs are erected or in place.20849

       (B)Except as otherwise provided in this division, whoever20850
violates this section is guilty of a minor misdemeanor. If,20851
within one year of the offense, the offender previously has been20852
convicted of or pleaded guilty to one predicate motor vehicle or20853
traffic offense, whoever violates this section is guilty of a20854
misdemeanor of the fourth degree. If, within one year of the20855
offense, the offender previously has been convicted of two or more20856
predicate motor vehicle or traffic offenses, whoever violates this20857
section is guilty of a misdemeanor of the third degree.20858

       Sec. 4511.132. (A) The driver of a vehicle, streetcar, or20859
trackless trolley who approaches an intersection where traffic is20860
controlled by traffic control signals shall do all of the20861
following, if the signal facing himthe driver either exhibits no20862
colored lights or colored lighted arrows or exhibits a combination20863
of such lights or arrows that fails to clearly indicate the20864
assignment of right-of-way:20865

       (A)(1) Stop at a clearly marked stop line, but if none, stop20866
before entering the crosswalk on the near side of the20867
intersection, or, if none, stop before entering the intersection;20868

       (B)(2) Yield the right-of-way to all vehicles, streetcars,20869
or trackless trolleys in the intersection or approaching on an20870
intersecting road, if the vehicles, streetcars, or trackless20871
trolleys will constitute an immediate hazard during the time the20872
driver is moving across or within the intersection or junction of20873
roadways;20874

       (C)(3) Exercise ordinary care while proceeding through the20875
intersection.20876

       (B)Except as otherwise provided in this division, whoever20877
violates this section is guilty of a minor misdemeanor. If,20878
within one year of the offense, the offender previously has been20879
convicted of or pleaded guilty to one predicate motor vehicle or20880
traffic offense, whoever violates this section is guilty of a20881
misdemeanor of the fourth degree. If, within one year of the20882
offense, the offender previously has been convicted of two or more20883
predicate motor vehicle or traffic offenses, whoever violates this20884
section is guilty of a misdemeanor of the third degree.20885

       Sec. 4511.16. (A) No person shall place, maintain, or20886
display upon or in view of any highway any unauthorized sign,20887
signal, marking, or device which purports to be, is an imitation20888
of, or resembles a traffic control device or railroad sign or20889
signal, or which attempts to direct the movement of traffic or20890
hides from view or interferes with the effectiveness of any20891
traffic control device or any railroad sign or signal, and no20892
person shall place or maintain, nor shall any public authority20893
permit, upon any highway any traffic sign or signal bearing20894
thereon any commercial advertising. This section does not20895
prohibit either the erection upon private property adjacent to20896
highways of signs giving useful directional information and of a20897
type that cannot be mistaken for traffic control devices or the20898
erection upon private property of traffic control devices by the20899
owner of real property in accordance with sections 4511.211 and20900
4511.432 of the Revised Code.20901

       Every such prohibited sign, signal, marking, or device is a20902
public nuisance, and the authority having jurisdiction over the20903
highway may remove it or cause it to be removed.20904

       (B)Except as otherwise provided in this division, whoever20905
violates this section is guilty of a minor misdemeanor. If,20906
within one year of the offense, the offender previously has been20907
convicted of or pleaded guilty to one predicate motor vehicle or20908
traffic offense, whoever violates this section is guilty of a20909
misdemeanor of the fourth degree. If, within one year of the20910
offense, the offender previously has been convicted of two or more20911
predicate motor vehicle or traffic offenses, whoever violates this20912
section is guilty of a misdemeanor of the third degree.20913

       Sec. 4511.17. (A) No person, without lawful authority,20914
shall do any of the following:20915

       (A) knowingly(1)Knowingly move, deface, damage, destroy,20916
or otherwise improperly tamper with any traffic control device,20917
any railroad sign or signal, or any inscription, shield, or20918
insignia on the device, sign, or signal, or any part of the20919
device, sign, or signal;20920

       (B) knowingly(2)Knowingly drive upon or over any freshly20921
applied pavement marking material on the surface of a roadway20922
while the marking materiel is in an undried condition and is20923
marked by flags, markers, signs, or other devices intended to20924
protect it;20925

       (C) knowingly(3)Knowingly move, damage, destroy, or20926
otherwise improperly tamper with a manhole cover.20927

       (B)(1)Except as otherwise provided in this division, whoever20928
violates division (A)(1) or (3) of this section is guilty of a20929
misdemeanor of the third degree. If a violation of division20930
(A)(1) or (3) of this section creates a risk of physical harm to20931
any person, the offender is guilty of a misdemeanor of the first20932
degree. If a violation of division (A)(1) or (3) of this section20933
causes serious physical harm to property that is owned, leased, or20934
controlled by a state or local authority, the offender is guilty20935
of a felony of the fifth degree.20936

       (2) Except as otherwise provided in this division, whoever20937
violates division (A)(2) of this section is guilty of a minor20938
misdemeanor. If, within one year of the offense, the offender20939
previously has been convicted of or pleaded guilty to one20940
predicate motor vehicle or traffic offense, whoever violates20941
division (A)(2) of this section is guilty of a misdemeanor of the20942
fourth degree. If, within one year of the offense, the offender20943
previously has been convicted of two or more predicate motor20944
vehicle or traffic offenses, whoever violates division (A)(2) of20945
this section is guilty of a misdemeanor of the third degree.20946

       Sec. 4511.18.  (A) As used in this section, "traffic control20947
device" means any sign, traffic control signal, or other device20948
conforming to and placed or erected in accordance with the manual20949
adopted under section 4511.09 of the Revised Code by authority of20950
a public body or official having jurisdiction, for the purpose of20951
regulating, warning, or guiding traffic, including signs denoting20952
the names of streets and highways, but does not mean any pavement20953
marking.20954

       (B) No individual shall buy or otherwise possess, or sell, a20955
traffic control device, except when one of the following applies:20956

       (1) In the course of histhe individual's employment by the20957
state or a local authority for the express or implied purpose of20958
manufacturing, providing, erecting, moving, or removing such a20959
traffic control device;20960

       (2) In the course of histhe individual's employment by any20961
manufacturer of traffic control devices other than a state or20962
local authority;20963

       (3) For the purpose of demonstrating the design and function20964
of a traffic control device to state or local officials;20965

       (4) When the traffic control device has been purchased from20966
the state or a local authority at a sale of property that is no20967
longer needed or is unfit for use;20968

       (5) The traffic control device has been properly purchased20969
from a manufacturer for use on private property and the person20970
possessing the device has a sales receipt for the device or other20971
acknowledgment of sale issued by the manufacturer.20972

       (C) This section does not preclude, and shall not be20973
construed as precluding, prosecution for theft in violation of20974
section 2913.02 of the Revised Code or a municipal ordinance20975
relating to theft, or for receiving stolen property in violation20976
of section 2913.51 of the Revised Code or a municipal ordinance20977
relating to receiving stolen property.20978

       (D)Whoever violates this section is guilty of a misdemeanor20979
of the third degree.20980

       Sec. 4511.181.  As used in sections 4511.181 to 4511.197 of20981
the Revised Code:20982

       (A) "Equivalent offense" means any of the following:20983

       (1) A violation of division (A) or (B) of section 4511.19 of20984
the Revised Code;20985

       (2) A violation of a municipal OVI ordinance;20986

       (3) A violation of section 2903.04 of the Revised Code in a20987
case in which the offender was subject to the sanctions described20988
in division (D) of that section;20989

       (4) A violation of division (A)(1) of section 2903.06 or20990
2903.08 of the Revised Code or a municipal ordinance that is20991
substantially equivalent to either of those divisions;20992

       (5) A violation of division (A)(2), (3), or (4) of section20993
2903.06, division (A)(2) of section 2903.08, or former section20994
2903.07 of the Revised Code, or a municipal ordinance that is20995
substantially equivalent to any of those divisions or that former20996
section, in a case in which a judge or jury as the trier of fact20997
found that the offender was under the influence of alcohol, a drug20998
of abuse, or a combination of them; 20999

       (6) A violation of an existing or former municipal21000
ordinance, law of another state, or law of the United States that21001
is substantially equivalent to division (A) or (B) of section21002
4511.19 of the Revised Code;21003

       (7) A violation of a former law of this state that was21004
substantially equivalent to division (A) or (B) of section 4511.1921005
of the Revised Code. 21006

       (B) "Mandatory jail term" means the mandatory term in jail of21007
three, six, ten, twenty, thirty, or sixty days that must be21008
imposed under division (G)(1)(a), (b), or (c) of section 4511.1921009
of the Revised Code upon an offender convicted of a violation of21010
division (A) of that section and in relation to which all of the21011
following apply:21012

       (1) Except as specifically authorized under section 4511.1921013
of the Revised Code, the term must be served in a jail.21014

       (2) Except as specifically authorized under section 4511.1921015
of the Revised Code, the term cannot be suspended, reduced, or21016
otherwise modified pursuant to section 2929.51, 2951.02, or any21017
other provision of the Revised Code.21018

       (C) "Municipal OVI ordinance" and "municipal OVI offense"21019
mean any municipal ordinance prohibiting a person from operating a21020
vehicle while under the influence of alcohol, a drug of abuse, or21021
a combination of them or prohibiting a person from operating a21022
vehicle with a prohibited concentration of alcohol in the whole21023
blood, blood serum or plasma, breath, or urine.21024

       (D) "Community residential sanction," "jail," "mandatory21025
prison term," "mandatory term of local incarceration," "sanction,"21026
and "prison term" have the same meanings as in section 2929.01 of21027
the Revised Code.21028

       Sec. 4511.19.  (A) No person shall operate any vehicle,21029
streetcar, or trackless trolley within this state, if,at the time21030
of the operation, any of the following apply:21031

       (1) The person is under the influence of alcohol, a drug of21032
abuse, or alcohol and a drug of abusecombination of them;21033

       (2) The person has a concentration of ten-hundredths of one21034
per cent or more but less than seventeen-hundredths of one per21035
cent by weight per unit volume of alcohol in the person's whole21036
blood;21037

       (3) The person has a concentration of twelve-hundredths of21038
one per cent or more but less than two hundred four-thousandths of21039
one per cent by weight per unit volume of alcohol in the person's21040
blood serum or plasma;21041

       (4) The person has a concentration of ten-hundredths of one21042
gram or more but less than seventeen-hundredths of one gram by21043
weight of alcohol per two hundred ten liters of the person's21044
breath;21045

       (4)(5) The person has a concentration of fourteen-hundredths21046
of one gram or more but less than two hundred21047
thirty-eight-thousandths of one gram by weight of alcohol per one21048
hundred milliliters of the person's urine;21049

       (5)(6) The person has a concentration of21050
seventeen-hundredths of one per cent or more by weight per unit21051
volume of alcohol in the person's whole blood;21052

       (6)(7)The person has a concentration of two hundred21053
four-thousandths of one per cent or more by weight per unit volume21054
of alcohol in the person's blood serum or plasma;21055

       (8) The person has a concentration of seventeen-hundredths21056
of one gram or more by weight of alcohol per two hundred ten21057
liters of the person's breath;21058

       (7)(9) The person has a concentration of two hundred21059
thirty-eight-thousandths of one gram or more by weight of alcohol21060
per one hundred milliliters of the person's urine.21061

       (B) No person under twenty-one years of age shall operate21062
any vehicle, streetcar, or trackless trolley within this state,21063
if,at the time of the operation, any of the following apply:21064

       (1) The person has a concentration of at least21065
two-hundredths of one per cent but less than ten-hundredths of one21066
per cent by weight per unit volume of alcohol in the person's21067
whole blood;21068

       (2) The person has a concentration of at least21069
three-hundredths of one per cent but less than twelve-hundredths21070
of one per cent by weight per unit volume of alcohol in the21071
person's blood serum or plasma;21072

       (3) The person has a concentration of at least21073
two-hundredths of one gram but less than ten-hundredths of one21074
gram by weight of alcohol per two hundred ten liters of the21075
person's breath;21076

       (3)(4) The person has a concentration of at least21077
twenty-eight one-thousandths of one gram but less than21078
fourteen-hundredths of one gram by weight of alcohol per one21079
hundred milliliters of the person's urine.21080

       (C) In any proceeding arising out of one incident, a person21081
may be charged with a violation of division (A)(1) and a violation21082
of division (B)(1), (2), or (3) of this section, but the person21083
may not be convicted of more than one violation of these21084
divisions.21085

       (D)(1) In any criminal prosecution or juvenile court21086
proceeding for a violation of this section, of a municipal21087
ordinance relating to operating a vehicle while under the21088
influence of alcohol, a drug of abuse, or alcohol and a drug of21089
abuse, or of a municipal ordinance relating to operating a vehicle21090
with a prohibited concentration of alcohol in the blood, breath,21091
or urineor for an equivalent offense, the court may admit21092
evidence on the concentration of alcohol, drugs of abuse, or21093
alcohol and drugs of abusea combination of them in the21094
defendant's whole blood, blood serum or plasma, breath, urine, or21095
other bodily substance at the time of the alleged violation as21096
shown by chemical analysis of the defendant's blood, urine,21097
breath, or other bodily substance withdrawn within two hours of21098
the time of the alleged violation.21099

       When a person submits to a blood test at the request of a21100
policelaw enforcement officer under section 4511.191 of the21101
Revised Code, only a physician, a registered nurse, or a qualified21102
technician or, chemist,or phlebotomist shall withdraw blood for21103
the purpose of determining itsthe alcohol, drug, or alcohol and21104
drug content of the whole blood, blood serum, or blood plasma.21105
This limitation does not apply to the taking of breath or urine21106
specimens. A physician, a registered nurse, or a qualified21107
technician or chemistperson authorized to withdraw blood under21108
this division may refuse to withdraw blood for the purpose of21109
determining the alcohol, drug, or alcohol and drug content of the21110
bloodunder this division, if in thethat person's opinion of the21111
physician, nurse, technician, or chemist, the physical welfare of21112
the person would be endangered by the withdrawing of blood.21113

       SuchThe bodily substance withdrawn shall be analyzed in21114
accordance with methods approved by the director of health by an21115
individual possessing a valid permit issued by the director of21116
health pursuant to section 3701.143 of the Revised Code.21117

       (2) In a criminal prosecution or juvenile court proceeding21118
for a violation of division (A) of this section, of a municipal21119
ordinance relating to operating a vehicle while under the21120
influence of alcohol, a drug of abuse, or alcohol and a drug of21121
abuse, or of a municipal ordinance substantially equivalent to21122
division (A) of this section relating to operating a vehicle with21123
a prohibited concentration of alcohol in the blood, breath, or21124
urineor for an equivalent offense, if there was at the time the21125
bodily substance was withdrawn a concentration of less than21126
ten-hundredths of one per cent by weight of alcohol in the21127
defendant's blood, less than ten-hundredths of one gram by weight21128
of alcohol per two hundred ten liters of the defendant's breath,21129
or less than fourteen-hundredths of one gram by weight of alcohol21130
per one hundred milliliters of the defendant's urine, suchthe21131
applicable concentration of alcohol specified in divisions (A)(2),21132
(3), (4), and (5) of this section, that fact may be considered21133
with other competent evidence in determining the guilt or21134
innocence of the defendant. This division does not limit or21135
affect a criminal prosecution or juvenile court proceeding for a21136
violation of division (B) of this section or of a municipal21137
ordinancefor an equivalent offense that is substantially21138
equivalent to that division (B) of this section relating to21139
operating a vehicle with a prohibited concentration of alcohol in21140
the blood, breath, or urine.21141

       (3) Upon the request of the person who was tested, the21142
results of the chemical test shall be made available to the person21143
or the person's attorney or agent, immediately upon the completion21144
of the chemical test analysis.21145

       The person tested may have a physician, a registered nurse,21146
or a qualified technician or, chemist,or phlebotomist of the21147
person's own choosing administer a chemical test or tests,at the21148
person's expense, in addition to any administered at the request21149
of a policelaw enforcement officer, and shall be so advised. The21150
form to be read to the person to be tested, as required under21151
section 4511.192 of the Revised Code, shall state that the person21152
may have an independent test performed at the person's expense.21153
The failure or inability to obtain an additional chemical test by21154
a person shall not preclude the admission of evidence relating to21155
the chemical test or tests taken at the request of a policelaw21156
enforcement officer.21157

       (4) Any(E)(1)Subject to division (E)(3) of this section,21158
in any criminal prosecution or juvenile court proceeding for a21159
violation of division (A)(2), (3), (4), (5), (6), (7), (8), or (9)21160
or (B)(1), (2), (3), or (4) of this section or for an equivalent21161
offense that is substantially equivalent to any of those21162
divisions, a laboratory report from any forensic laboratory21163
certified by the department of health that contains an analysis of21164
the whole blood, blood serum or plasma, breath, urine, or other21165
bodily substance tested and that contains all of the information21166
specified in this division shall be admitted as prima-facie21167
evidence of the information and statements that the report21168
contains. The laboratory report shall contain all of the21169
following:21170

       (a) The signature, under oath, of any person who performed21171
the analysis;21172

       (b) Any findings as to the identity and quantity of alcohol,21173
a drug of abuse, or a combination of them that was found;21174

       (c) A copy of a notarized statement by the laboratory21175
director or a designee of the director that contains the name of21176
each certified analyst or test performer involved with the report,21177
the analyst's or test performer's employment relationship with the21178
laboratory that issued the report, and a notation that performing21179
an analysis of the type involved is part of the analyst's or test21180
performer's regular duties;21181

       (d) An outline of the analyst's or test performer's21182
education, training, and experience in performing the type of21183
analysis involved and a certification that the laboratory21184
satisfies appropriate quality control standards in general and, in21185
this particular analysis, under rules of the department of health.21186

       (2) Notwithstanding any other provision of law regarding the21187
admission of evidence, a report of the type described in division21188
(E)(1) of this section is not admissible against the defendant to21189
whom it pertains in any proceeding, other than a preliminary21190
hearing or a grand jury proceeding, unless the prosecutor has21191
served a copy of the report on the defendant's attorney or, if the21192
defendant has no attorney, on the defendant.21193

       (3) A report of the type described in division (E)(1) of21194
this section shall not be prima-facie evidence of the contents,21195
identity, or amount of any substance if, within seven days after21196
the defendant to whom the report pertains or the defendant's21197
attorney receives a copy of the report, the defendant or the21198
defendant's attorney demands the testimony of the person who21199
signed the report. The judge in the case may extend the seven-day21200
time limit in the interest of justice.21201

       (F) Except as otherwise provided in this division, any21202
physician, registered nurse, or qualified technician or, chemist,21203
or phlebotomist who withdraws blood from a person pursuant to this21204
section, and any hospital, first-aid station, or clinic at which21205
blood is withdrawn from a person pursuant to this section, is21206
immune from criminal liability, and from civil liability that is21207
based upon a claim of assault and battery or based upon any other21208
claim that is not in the nature of a claim of malpractice, for any21209
act performed in withdrawing blood from the person. The immunity21210
provided in this division is not available to a person who21211
withdraws blood if the person engages in willful or wanton21212
misconduct.21213

       (G)(1) Whoever violates any provision of divisions (A)(1) to21214
(9) of this section is guilty of operating a vehicle under the21215
influence of alcohol, a drug of abuse, or a combination of them.21216
The court shall sentence the offender under Chapter 2929. of the21217
Revised Code, except as otherwise authorized or required by21218
divisions (G)(1)(a) to (e) of this section:21219

       (a) Except as otherwise provided in division (G)(1)(b), (c),21220
(d), or (e) of this section, the offender is guilty of a21221
misdemeanor of the first degree, and the court shall sentence the21222
offender to all of the following:21223

       (i) If the sentence is being imposed for a violation of21224
division (A)(1), (2), (3), (4), or (5) of this section, a21225
mandatory jail term of three consecutive days. As used in this21226
division, three consecutive days means seventy-two consecutive21227
hours. The court may sentence an offender to both an intervention21228
program and a jail term. The court may impose a jail term in21229
addition to the three-day mandatory jail term or intervention21230
program. However, in no case shall the cumulative jail term21231
imposed for the offense exceed six months.21232

       The court may suspend the execution of the three-day jail21233
term under this division if the court, in lieu of that suspended21234
term, places the offender on probation and requires the offender21235
to attend, for three consecutive days, a drivers' intervention21236
program certified under section 3793.10 of the Revised Code. The21237
court also may suspend the execution of any part of the three-day21238
jail term under this division if it places the offender on21239
probation for part of the three days, requires the offender to21240
attend for the suspended part of the term a drivers' intervention21241
program so certified, and sentences the offender to a jail term21242
equal to the remainder of the three consecutive days that the21243
offender does not spend attending the program. The court may21244
require the offender, as a condition of probation and in addition21245
to the required attendance at a drivers' intervention program, to21246
attend and satisfactorily complete any treatment or education21247
programs that comply with the minimum standards adopted pursuant21248
to Chapter 3793. of the Revised Code by the director of alcohol21249
and drug addiction services that the operators of the drivers'21250
intervention program determine that the offender should attend and21251
to report periodically to the court on the offender's progress in21252
the programs. The court also may impose on the offender any other21253
conditions of probation that it considers necessary.21254

       (ii) If the sentence is being imposed for a violation of21255
division (A)(6), (7), (8), or (9) of this section, except as21256
otherwise provided in this division, a mandatory jail term of at21257
least three consecutive days and a requirement that the offender21258
attend, for three consecutive days, a drivers' intervention21259
program that is certified pursuant to section 3793.10 of the21260
Revised Code. As used in this division, three consecutive days21261
means seventy-two consecutive hours. If the court determines that21262
the offender is not conducive to treatment in a drivers'21263
intervention program, if the offender refuses to attend a drivers'21264
intervention program, or if the jail at which the offender is to21265
serve the jail term imposed can provide a driver's intervention21266
program, the court shall sentence the offender to a mandatory jail21267
term of at least six consecutive days. 21268

       The court may require the offender, as a condition of21269
probation, to attend and satisfactorily complete any treatment or21270
education programs that comply with the minimum standards adopted21271
pursuant to Chapter 3793. of the Revised Code by the director of21272
alcohol and drug addiction services, in addition to the required21273
attendance at drivers' intervention program, that the operators of21274
the drivers' intervention program determine that the offender21275
should attend and to report periodically to the court on the21276
offender's progress in the programs. The court also may impose21277
any other conditions of probation on the offender that it21278
considers necessary.21279

       (iii) In all cases, a fine of not less than two hundred fifty21280
and not more than one thousand dollars;21281

       (iv) In all cases, a class five license suspension of the21282
offender's driver's or commercial driver's license or permit or21283
nonresident operating privilege from the range specified in21284
division (A)(5) of section 4510.02 of the Revised Code. The court21285
may grant limited driving privileges relative to the suspension21286
under sections 4510.021 and 4510.13 of the Revised Code.21287

       (b) Except as otherwise provided in division (G)(1)(e) of21288
this section, an offender who, within six years of the offense,21289
previously has been convicted of or pleaded guilty to one21290
violation of division (A) or (B) of this section or one other21291
equivalent offense is guilty of a misdemeanor of the first degree.21292
The court shall sentence the offender to all of the following:21293

       (i) If the sentence is being imposed for a violation of21294
division (A)(1), (2), (3), (4), or (5) of this section, a21295
mandatory jail term of ten consecutive days. The court shall21296
impose the ten-day mandatory jail term under this division unless,21297
subject to division (G)(3) of this section, it instead imposes a21298
sentence consisting of both a jail term and a term of21299
electronically monitored house arrest. The court may impose a21300
jail term in addition to the ten-day mandatory jail term. The21301
cumulative jail term imposed for the offense shall not exceed six21302
months.21303

       In addition to the jail term or the term of electronically21304
monitored house arrest and jail term, the court may require the21305
offender to attend a drivers' intervention program that is21306
certified pursuant to section 3793.10 of the Revised Code. If the21307
operator of the program determines that the offender is alcohol21308
dependent, the program shall notify the court, and, subject to21309
division (I) of this section, the court shall order the offender21310
to obtain treatment through an alcohol and drug addiction program21311
authorized by section 3793.02 of the Revised Code.21312

       (ii) If the sentence is being imposed for a violation of21313
division (A)(6), (7), (8), or (9) of this section, except as21314
otherwise provided in this division, a mandatory jail term of21315
twenty consecutive days. The court shall impose the twenty-day21316
mandatory jail term under this division unless, subject to21317
division (G)(3) of this section, it instead imposes a sentence21318
consisting of both a jail term and a term of electronically21319
monitored house arrest. The court may impose a jail term in21320
addition to the twenty-day mandatory jail term. The cumulative21321
jail term imposed for the offense shall not exceed six months.21322

       In addition to the jail term or the term of electronically21323
monitored house arrest and jail term, the court may require the21324
offender to attend a driver's intervention program that is21325
certified pursuant to section 3793.10 of the Revised Code. If the21326
operator of the program determines that the offender is alcohol21327
dependent, the program shall notify the court, and, subject to21328
division (I) of this section, the court shall order the offender21329
to obtain treatment through an alcohol and drug addiction program21330
authorized by section 3793.02 of the Revised Code.21331

       (iii) In all cases, notwithstanding the fines set forth in21332
Chapter 2929. of the Revised Code, a fine of not less than three21333
hundred fifty and not more than one thousand five hundred dollars;21334

       (iv) In all cases, a class four license suspension of the21335
offender's driver's license, commercial driver's license,21336
temporary instruction permit, probationary license, or nonresident21337
operating privilege from the range specified in division (A)(4) of21338
section 4510.02 of the Revised Code. The court may grant limited21339
driving privileges relative to the suspension under sections21340
4510.021 and 4510.13 of the Revised Code.21341

       (v) In all cases, if the vehicle is registered in the21342
offender's name, immobilization of the vehicle involved in the21343
offense for ninety days in accordance with section 4503.233 of the21344
Revised Code and impoundment of the license plates of that vehicle21345
for ninety days.21346

       (c) Except as otherwise provided in division (G)(1)(e) of21347
this section, an offender who, within six years of the offense,21348
previously has been convicted of or pleaded guilty to two21349
violations of division (A) or (B) of this section or other21350
equivalent offenses is guilty of a misdemeanor of the first21351
degree. The court shall sentence the offender to all of the21352
following:21353

       (i) If the sentence is being imposed for a violation of21354
division (A)(1), (2), (3), (4), or (5) of this section, a21355
mandatory jail term of thirty consecutive days. The court shall21356
impose the thirty-day mandatory jail term under this division21357
unless, subject to division (G)(3) of this section, it instead21358
imposes a sentence consisting of both a jail term and a term of21359
electronically monitored house arrest. The court may impose a21360
jail term in addition to the thirty-day mandatory jail term.21361
notwithstanding the terms of imprisonment set forth in Chapter21362
2929. of the Revised Code, the additional jail term shall not21363
exceed one year, and the cumulative jail term imposed for the21364
offense shall not exceedone year.21365

       (ii) If the sentence is being imposed for a violation of21366
division (A)(6), (7), (8), or (9) of this section, a mandatory21367
jail term of sixty consecutive days. The court shall impose the21368
sixty-day mandatory jail term under this division unless, subject21369
to division (G)(3) of this section, it instead imposes a sentence21370
consisting of both a jail term and a term of electronically21371
monitored house arrest. The court may impose a jail term in21372
addition to the sixty-day mandatory jail term. notwithstanding21373
the terms of imprisonment set forth in Chapter 2929. of the21374
Revised Code, the additional jail term shall not exceed one year,21375
and the cumulative jail term imposed for the offense shall not21376
exceed one year.21377

       (iii) In all cases, notwithstanding the fines set forth in21378
Chapter 2929. of the Revised Code, a fine of not less than five21379
hundred fifty and not more than two thousand five hundred dollars;21380

       (iv) In all cases, a class three license suspension of the21381
offender's driver's license, commercial driver's license,21382
temporary instruction permit, probationary license, or nonresident21383
operating privilege from the range specified in division (A)(3) of21384
section 4510.02 of the Revised Code. The court may grant limited21385
driving privileges relative to the suspension under sections21386
4510.021 and 4510.13 of the Revised Code.21387

       (v) In all cases, if the vehicle is registered in the21388
offender's name, criminal forfeiture of the vehicle involved in21389
accordance with section 4503.234 of the Revised Code.21390

       (vi) In all cases, participation in an alcohol and drug21391
addiction program authorized by section 3793.02 of the Revised21392
Code, subject to division (I) of this section.21393

       (d) Except as otherwise provided in division (G)(1)(e) of21394
this section, an offender who, within six years of the offense,21395
previously has been convicted of or pleaded guilty to three or21396
more violations of division (A) or (B) of this section or other21397
equivalent offenses is guilty of a felony of the fourth degree.21398
The court shall sentence the offender to all of the following:21399

       (i) If the sentence is being imposed for a violation of21400
division (A)(1), (2), (3), (4), or (5) of this section, in the21401
discretion of the court, either a mandatory term of local21402
incarceration of sixty consecutive days in accordance with21403
division (G)(1) of section 2929.13 of the Revised Code or a21404
mandatory prison term of sixty consecutive days of imprisonment in21405
accordance with division (G)(2) of that section. If the court21406
imposes a mandatory term of local incarceration, it may impose a21407
jail term in addition to the sixty-day mandatory term, the21408
cumulative total of the mandatory term and the jail term for the21409
offense shall not exceed one year, and no prison term is21410
authorized for the offense. If the court imposes a mandatory21411
prison term, notwithstanding division (A)(4) of section 2929.14 of21412
the Revised Code, it also may sentence the offender to a definite21413
prison term that shall be not less than six months and not more21414
than thirty months, the prison terms shall be imposed as described21415
in division (G)(2) of section 2929.13 of the Revised Code, and no21416
term of local incarceration, community residential sanction, or21417
nonresidential sanction is authorized for the offense.21418

       (ii) If the sentence is being imposed for a violation of21419
division (A)(6), (7), (8), or (9) of this section, in the21420
discretion of the court, either a mandatory term of local21421
incarceration of one hundred twenty consecutive days in accordance21422
with division (G)(1) of section 2929.13 of the Revised Code or a21423
mandatory prison term of one hundred twenty consecutive days in21424
accordance with division (G)(2) of that section. If the court21425
imposes a mandatory term of local incarceration, it may impose a21426
jail term in addition to the one hundred twenty-day mandatory21427
term, the cumulative total of the mandatory term and the jail term21428
for the offense shall not exceed one year, and no prison term is21429
authorized for the offense. If the court imposes a mandatory21430
prison term, notwithstanding division (A)(4) of section 2929.14 of21431
the Revised Code, it also may sentence the offender to a definite21432
prison term that shall be not less than six months and not more21433
than thirty months, the prison terms shall be imposed as described21434
in division (G)(2) of section 2929.13 of the Revised Code, and no21435
term of local incarceration, community residential sanction, or21436
nonresidential sanction is authorized for the offense.21437

       (iii) In all cases, notwithstanding section 2929.18 of the21438
Revised Code, a fine of not less than eight hundred nor more than21439
ten thousand dollars;21440

       (iv) In all cases, a class two license suspension of the21441
offender's driver's license, commercial driver's license,21442
temporary instruction permit, probationary license, or nonresident21443
operating privilege from the range specified in division (A)(2) of21444
section 4510.02 of the Revised Code. The court may grant limited21445
driving privileges relative to the suspension under sections21446
4510.021 and 4510.13 of the Revised Code.21447

       (v) In all cases, criminal forfeiture of the vehicle involved21448
in the offense in accordance with section 4503.234 of the Revised21449
Code, if the vehicle is registered in the offender's name. If21450
title to a motor vehicle that is subject to an order of criminal21451
forfeiture under this division is assigned or transferred and21452
division (C)(2) or (3) of section 4503.234 of the Revised Code21453
applies, in addition to or independent of any fine established by21454
law, the court may fine the offender the value of the vehicle as21455
determined by publications of the national auto dealers21456
association. The proceeds of any fine so imposed shall be21457
distributed in accordance with division (D)(4) of that section.21458

       (vi) In all cases, participation in an alcohol and drug21459
addiction program authorized by section 3793.02 of the Revised21460
Code, subject to division (I) of this section.21461

       (vii) In all cases, if the court sentences the offender to a21462
mandatory term of local incarceration, in addition to the21463
mandatory term, the court, pursuant to section 2929.17 of the21464
Revised Code, may impose a term of electronically monitored house21465
arrest. The term shall not commence until after the offender has21466
served the mandatory term of local incarceration.21467

       (e) An offender who previously has been convicted of or21468
pleaded guilty to a violation of division (A) of this section that21469
was a felony, regardless of when the violation and the conviction21470
or guilty plea occurred, is guilty of a felony of the third21471
degree. The court shall sentence the offender to all of the21472
following:21473

       (i) If the offender is being sentenced for a violation of21474
division (A)(1), (2), (3), (4), or (5) of this section, a21475
mandatory prison term of sixty consecutive days in accordance with21476
division (G)(2) of section 2929.13 of the Revised Code. The court21477
may impose a prison term in addition to the sixty-day mandatory21478
prison term. The cumulative total of the mandatory prison term21479
and the additional prison term for the offense shall not exceed21480
five years. No term of local incarceration, community residential21481
sanction, or nonresidential sanction is authorized for the21482
offense. 21483

       (ii) If the sentence is being imposed for a violation of21484
division (A)(6), (7), (8), or (9) of this section, a mandatory21485
prison term of one hundred twenty consecutive days in accordance21486
with division (G)(2) of section 2929.13 of the Revised Code. The21487
court may impose a prison term in addition to the one hundred21488
twenty-day mandatory prison term. The cumulative total of the21489
mandatory prison term and the additional prison term for the21490
offense shall not exceed five years. No term of local21491
incarceration, community residential sanction, or nonresidential21492
sanction is authorized for the offense.21493

       (iii) In all cases, notwithstanding section 2929.18 of the21494
Revised Code, a fine of not less than eight hundred nor more than21495
ten thousand dollars;21496

       (iv) In all cases, a class two license suspension of the21497
offender's driver's license, commercial driver's license,21498
temporary instruction permit, probationary license, or nonresident21499
operating privilege from the range specified in division (A)(2) of21500
section 4510.02 of the Revised Code. The court may grant limited21501
driving privileges relative to the suspension under sections21502
4510.021 and 4510.13 of the Revised Code.21503

       (v) In all cases, criminal forfeiture of the vehicle involved21504
in the offense in accordance with section 4503.234 of the Revised21505
Code, if the vehicle is registered in the offender's name. If21506
title to a motor vehicle that is subject to an order of criminal21507
forfeiture under this division is assigned or transferred and21508
division (C)(2) or (3) of section 4503.234 of the Revised Code21509
applies, in addition to or independent of any fine established by21510
law, the court may fine the offender the value of the vehicle as21511
determined by publications of the national auto dealers21512
association. The proceeds of any fine so imposed shall be21513
distributed in accordance with division (D)(4) of that section. 21514

       (vi) In all cases, participation in an alcohol and drug21515
addiction program authorized by section 3793.02 of the Revised21516
Code, subject to division (I) of this section.21517

       (2) An offender who is convicted of or pleads guilty to a21518
violation of division (A) of this section and who subsequently21519
seeks reinstatement of the driver's or occupational driver's21520
license or permit or nonresident operating privilege suspended21521
under this section as a result of the conviction or guilty plea21522
shall pay a reinstatement fee as provided in division (F)(2) of21523
section 4511.191 of the Revised Code.21524

       (3) If an offender is sentenced to a jail term under21525
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this21526
section and if, within sixty days of sentencing of the offender,21527
the court issues a written finding on the record that, due to the21528
unavailability of space at the jail where the offender is required21529
to serve the term, the offender will not be able to begin serving21530
that term within the sixty-day period following the date of21531
sentencing, the court may impose an alternative sentence under21532
this division that includes a term of electronically monitored21533
house arrest, as defined in section 2929.23 of the Revised Code.21534

       As an alternative to a mandatory jail term of ten consecutive21535
days required by division (G)(1)(b)(i) of this section, the court,21536
under this division, may sentence theoffender to five consecutive21537
days in jail and not less than eighteen consecutive days of21538
electronically monitored house arrest. The cumulative total of21539
the five consecutive days in jail and the period of electronically21540
monitored house arrest shall not exceed six months. The five21541
consecutive days in jail do not have to be served prior to or21542
consecutively to the period of house arrest.21543

       As an alternative to the mandatory jail term of twenty21544
consecutive days required by division (G)(1)(b)(ii) of this21545
section, the court, under this division, may sentence the offender21546
to ten consecutive days in jail and not less than thirty-six21547
consecutive days of electronically monitored house arrest. The21548
cumulative total of the ten consecutive days in jail and the21549
period of electronically monitored house arrest shall not exceed21550
six months. The ten consecutive days in jail do not have to be21551
served prior to or consecutively to the period of house arrest.21552

       As an alternative to a mandatory jail term of thirty21553
consecutive days required by division (G)(1)(c)(i) of this21554
section, the court, under this division, may sentence the offender21555
to fifteen consecutive days in jail and not less than fifty-five21556
consecutive days of electronically monitored house arrest. The21557
cumulative total of the fifteen consecutive days in jail and the21558
period of electronically monitored house arrest shall not exceed21559
one year. The fifteen consecutive days in jaildo not have to be21560
served prior to or consecutively to the period of house arrest.21561

       As an alternative to the mandatory jail term of sixty21562
consecutive days required by division (G)(1)(c)(ii) of this21563
section, the court, under this division, may sentence the offender21564
to thirty consecutive days in jail and not less than one hundred21565
ten consecutive days of electronically monitored house arrest. The21566
cumulative total of the thirty consecutive days in jail and the21567
period of electronically monitored house arrest shall not exceed21568
one year. The thirty consecutive days in jail do not have to be21569
served prior to or consecutively to the period of house arrest.21570

       (4) If an offender's driver's or occupational driver's21571
license or permit or nonresident operating privilege is suspended21572
under division (G) of this section and if section 4510.13 of the21573
Revised Code permits the court to grant limited driving21574
privileges, the court may grant the limited driving privileges21575
only if the court imposes as one of the conditions of the21576
privileges that the offender must display on the vehicle that is21577
driven subject to the privileges restricted license plates that21578
are issued under section 4503.231 of the Revised Code, except as21579
provided in division (B) of that section.21580

       (5) Fines imposed under this section for a violation of21581
division (A) of this section shall be distributed as follows:21582

       (a) Twenty-five dollars of the fine imposed under division21583
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under21584
division (G)(1)(b)(iii), one hundred twenty-three dollars of the21585
fine imposed under division (G)(1)(c)(iii), and two hundred ten21586
dollars of the fine imposed under division (G)(1)(d)(iii) or21587
(e)(iii) of this section shall be paid to an enforcement and21588
education fund established by the legislative authority of the law21589
enforcement agency in this state that primarily was responsible21590
for the arrest of the offender, as determined by the court that21591
imposes the fine. The agency shall use this share to pay only21592
those costs it incurs in enforcing this section or a municipal OVI21593
ordinance and in informing the public of the laws governing the21594
operation of a vehicle while under the influence of alcohol, the21595
dangers of the operation of a vehicle under the influence of21596
alcohol, and other information relating to the operation of a21597
vehicle under the influence of alcohol and the consumption of21598
alcoholic beverages. 21599

       (b) Fifty dollars of the fine imposed under division21600
(G)(1)(a)(iii) of this section shall be paid to the political21601
subdivision that pays the cost of housing the offender during the21602
offender's term of incarceration. If the offender is being21603
sentenced for a violation of division (A)(1), (2), (3), (4), or21604
(5) of this section and was confined as a result of the offense21605
prior to being sentenced for the offense but is not sentenced to a21606
term of incarceration, the fifty dollars shall be paid to the21607
political subdivision that paid the cost of housing the offender21608
during that period of confinement. The political subdivision21609
shall use the share under this division to pay or reimburse21610
incarceration or treatment costs it incurs in housing or providing21611
drug and alcohol treatment to persons who violate this section or21612
a municipal OVI ordinance, costs of any immobilizing or disabling21613
device used on the offender's vehicle, and costs of electronic21614
house arrest equipment needed for persons who violate this21615
section.21616

       (c) Twenty-five dollars of the fine imposed under division21617
(G)(1)(a)(iii) and fifty dollars of the fine imposed under21618
division (G)(1)(b)(iii) of this section shall be deposited into21619
the county or municipal indigent drivers' alcohol treatment fund21620
under the control of that court, as created by the county or21621
municipal corporation under division (N) of section 4511.191 of21622
the Revised Code.21623

       (d) One hundred fifteen dollars of the fine imposed under21624
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the21625
fine imposed under division (G)(1)(c)(iii), and four hundred forty21626
dollars of the fine imposed under division (G)(1)(d)(iii) or21627
(e)(iii) of this section shall be paid to the political21628
subdivision that pays the cost of housing the offender during the21629
offender's term of incarceration. The political subdivision shall21630
use this share to pay or reimburse incarceration or treatment21631
costs it incurs in housing or providing drug and alcohol treatment21632
to persons who violate this section or a municipal OVI ordinance,21633
costs for any immobilizing or disabling device used on the21634
offender's vehicle, and costs of electronic house arrest equipment21635
needed for persons who violate this section.21636

       (e) The balance of the fine imposed under division21637
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this21638
section shall be disbursed as otherwise provided by law.21639

       (H) Whoever violates division (B) of this section is guilty21640
of operating a vehicle after underage alcohol consumption and21641
shall be punished as follows:21642

       (1) Except as otherwise provided in division (H)(2) of this21643
section, the offender is guilty of a misdemeanor of the fourth21644
degree. In addition to any other sanction imposed for the21645
offense, the court shall impose a class six suspension of the21646
offender's driver's license, commercial driver's license,21647
temporary instruction permit, probationary license, or nonresident21648
operating privilege from the range specified in division (A)(6) of21649
section 4510.02 of the Revised Code.21650

       (2) If, within one year of the offense, the offender21651
previously has been convicted of or pleaded guilty to one or more21652
violations of division (A) or (B) of this section or other21653
equivalent offense offenses, the offender is guilty of a21654
misdemeanor of the third degree. In addition to any other21655
sanction imposed for the offense, the court shall impose a class21656
four suspension of the offender's driver's license, commercial21657
driver's license, temporary instruction permit, probationary21658
license, or nonresident operating privilege from the range21659
specified in division (A)(4) of section 4510.02 of the Revised21660
Code.21661

       (I)(1) No court shall sentence an offender to an alcohol21662
treatment program under this section unless the treatment program21663
complies with the minimum standards for alcohol treatment programs21664
adopted under Chapter 3793. of the Revised Code by the director of21665
alcohol and drug addiction services.21666

       (2) An offender who stays in a drivers' intervention program21667
or in an alcohol treatment program under an order issued under21668
this section shall pay the cost of the stay in the program.21669
However, if the court determines that an offender who stays in an21670
alcohol treatment program under an order issued under this section21671
is unable to pay the cost of the stay in the program, the court21672
may order that the cost be paid from the court's indigent drivers'21673
alcohol treatment fund.21674

       (J) If a person whose driver's or commercial driver's license21675
or permit or nonresident operating privilege is suspended under21676
this section files an appeal regarding any aspect of the person's21677
trial or sentence, the appeal itself does not stay the operation21678
of the suspension.21679

       (K) All terms defined in sections 4510.01 of the Revised Code21680
apply to this section. If the meaning of a term defined in21681
section 4510.01 of the Revised Code conflicts with the meaning of21682
the same term as defined in section 4501.01 or 4511.01 of the21683
Revised Code, the term as defined in section 4510.01 of the21684
Revised Code applies to this section.21685

       (L) The Ohio Traffic Rules in effect on the effective date of21686
this amendment, as adopted by the supreme court under authority of21687
section 2937.46 of the Revised Code, do not apply to felony21688
violations of this section. If, on or after the effective date of21689
this amendment, the supreme court modifies the Ohio Traffic Rules21690
to provide procedures to govern felony violations of this section,21691
the modified rules shall apply to felony violations of this21692
section.21693

       Sec. 4511.191.  (A)(1) "Physical control" has the same21694
meaning as in section 4511.194 of the Revised Code.21695

       (2) Any person who operates a vehicle, streetcar, or21696
trackless trolley upon a highway or any public or private property21697
used by the public for vehicular travel or parking within this21698
state or who is in physical control of a stationary vehicle,21699
streetcar, or trackless trolley shall be deemed to have given21700
consent to a chemical test or tests of the person's whole blood,21701
blood serum or plasma, breath, or urine for the purpose of21702
determiningto determine the alcohol, drug, or alcohol and drug21703
content of the person's whole blood, blood serum or plasma,21704
breath, or urine if arrested for operating a vehicle while under21705
the influence of alcohol, a drug of abuse, or alcohol and a drug21706
of abuse or for operating a vehicle with a prohibited21707
concentration of alcohol in the blood, breath, or urine. Thea21708
violation of division (A) or (B) of section 4511.19 of the Revised21709
Code, section 4511.194 of the Revised Code, or a municipal OVI21710
ordinance.21711

       (3) The chemical test or tests under division (A)(2) of this21712
section shall be administered at the request of a policelaw21713
enforcement officer having reasonable grounds to believe the21714
person to have beenwas operating a vehicle upon a highway or any21715
public or private property used by the public for vehicular travel21716
or parking in this state while under the influence of alcohol, a21717
drug of abuse, or alcohol and a drug of abuse or with a prohibited21718
concentration of alcohol in the blood, breath, or urine,21719
streetcar, or trackless trolley in violation of a division,21720
section, or ordinance identified in division (A)(2) of this21721
section. The law enforcement agency by which the officer is21722
employed shall designate which of the tests shall be administered.21723

       (B)(4) Any person who is dead or unconscious, or who is21724
otherwise is in a condition rendering the person incapable of21725
refusal, shall be deemed not to have withdrawn consentconsented21726
as provided byin division (A)(2) of this section, and the test or21727
tests may be administered, subject to sections 313.12 to 313.16 of21728
the Revised Code.21729

       (C)(1) Any person under arrest for operating a vehicle while21730
under the influence of alcohol, a drug of abuse, or alcohol and a21731
drug of abuse or for operating a vehicle with a prohibited21732
concentration of alcohol in the blood, breath, or urine shall be21733
advised at a police station, or at a hospital, first-aid station,21734
or clinic to which the person has been taken for first-aid or21735
medical treatment, of both of the following:21736

       (a) The consequences, as specified in division (E) of this21737
section, of the person's refusal to submit upon request to a21738
chemical test designated by the law enforcement agency as provided21739
in division (A) of this section;21740

       (b) The consequences, as specified in division (F) of this21741
section, of the person's submission to the designated chemical21742
test if the person is found to have a prohibited concentration of21743
alcohol in the blood, breath, or urine.21744

       (2)(a) The advice given pursuant to division (C)(1) of this21745
section shall be in a written form containing the information21746
described in division (C)(2)(b) of this section and shall be read21747
to the person. The form shall contain a statement that the form21748
was shown to the person under arrest and read to the person in the21749
presence of the arresting officer and either another police21750
officer, a civilian police employee, or an employee of a hospital,21751
first-aid station, or clinic, if any, to which the person has been21752
taken for first-aid or medical treatment. The witnesses shall21753
certify to this fact by signing the form.21754

       (b) The form required by division (C)(2)(a) of this section21755
shall read as follows:21756

       "You now are under arrest for operating a vehicle while under21757
the influence of alcohol, a drug of abuse, or both alcohol and a21758
drug of abuse and will be requested by a police officer to submit21759
to a chemical test to determine the concentration of alcohol,21760
drugs of abuse, or alcohol and drugs of abuse in your blood,21761
breath, or urine.21762

       If you refuse to submit to the requested test or if you21763
submit to the requested test and are found to have a prohibited21764
concentration of alcohol in your blood, breath, or urine, your21765
driver's or commercial driver's license or permit or nonresident21766
operating privilege immediately will be suspended for the period21767
of time specified by law by the officer, on behalf of the21768
registrar of motor vehicles. You may appeal this suspension at21769
your initial appearance before the court that hears the charges21770
against you resulting from the arrest, and your initial appearance21771
will be conducted no later than five days after the arrest. This21772
suspension is independent of the penalties for the offense, and21773
you may be subject to other penalties upon conviction."21774

       (D)(1) If a person under arrest as described in division21775
(C)(1) of this section is not asked by a police officer to submit21776
to a chemical test designated as provided in division (A) of this21777
section, the arresting officer shall seize the Ohio or21778
out-of-state driver's or commercial driver's license or permit of21779
the person and immediately forward the seized license or permit to21780
the court in which the arrested person is to appear on the charge21781
for which the person was arrested. If the arrested person does21782
not have the person's driver's or commercial driver's license or21783
permit on the person's self or in the person's vehicle, the21784
arresting officer shall order the arrested person to surrender it21785
to the law enforcement agency that employs the officer within21786
twenty-four hours after the arrest, and, upon the surrender, the21787
officer's employing agency immediately shall forward the license21788
or permit to the court in which the arrested person is to appear21789
on the charge for which the person was arrested. Upon receipt of21790
the license or permit, the court shall retain it pending the21791
initial appearance of the arrested person and any action taken21792
under section 4511.196 of the Revised Code.21793

       If a person under arrest as described in division (C)(1) of21794
this section is asked by a police officer to submit to a chemical21795
test designated as provided in division (A) of this section and is21796
advised of the consequences of the person's refusal or submission21797
as provided in division (C) of this section and if the person21798
either refuses to submit to the designated chemical test or the21799
person submits to the designated chemical test and the test21800
results indicate that the person's blood contained a concentration21801
of ten-hundredths of one per cent or more by weight of alcohol,21802
the person's breath contained a concentration of ten-hundredths of21803
one gram or more by weight of alcohol per two hundred ten liters21804
of the person's breath, or the person's urine contained a21805
concentration of fourteen-hundredths of one gram or more by weight21806
of alcohol per one hundred milliliters of the person's urine at21807
the time of the alleged offense, the arresting officer shall do21808
all of the following:21809

       (a) On behalf of the registrar, serve a notice of suspension21810
upon the person that advises the person that, independent of any21811
penalties or sanctions imposed upon the person pursuant to any21812
other section of the Revised Code or any other municipal21813
ordinance, the person's driver's or commercial driver's license or21814
permit or nonresident operating privilege is suspended, that the21815
suspension takes effect immediately, that the suspension will last21816
at least until the person's initial appearance on the charge that21817
will be held within five days after the date of the person's21818
arrest or the issuance of a citation to the person, and that the21819
person may appeal the suspension at the initial appearance; seize21820
the Ohio or out-of-state driver's or commercial driver's license21821
or permit of the person; and immediately forward the seized21822
license or permit to the registrar. If the arrested person does21823
not have the person's driver's or commercial driver's license or21824
permit on the person's self or in the person's vehicle, the21825
arresting officer shall order the person to surrender it to the21826
law enforcement agency that employs the officer within twenty-four21827
hours after the service of the notice of suspension, and, upon the21828
surrender, the officer's employing agency immediately shall21829
forward the license or permit to the registrar.21830

       (b) Verify the current residence of the person and, if it21831
differs from that on the person's driver's or commercial driver's21832
license or permit, notify the registrar of the change;21833

       (c) In addition to forwarding the arrested person's driver's21834
or commercial driver's license or permit to the registrar, send to21835
the registrar, within forty-eight hours after the arrest of the21836
person, a sworn report that includes all of the following21837
statements:21838

       (i) That the officer had reasonable grounds to believe that,21839
at the time of the arrest, the arrested person was operating a21840
vehicle upon a highway or public or private property used by the21841
public for vehicular travel or parking within this state while21842
under the influence of alcohol, a drug of abuse, or alcohol and a21843
drug of abuse or with a prohibited concentration of alcohol in the21844
blood, breath, or urine;21845

       (ii) That the person was arrested and charged with operating21846
a vehicle while under the influence of alcohol, a drug of abuse,21847
or alcohol and a drug of abuse or with operating a vehicle with a21848
prohibited concentration of alcohol in the blood, breath, or21849
urine;21850

       (iii) That the officer asked the person to take the21851
designated chemical test, advised the person of the consequences21852
of submitting to the chemical test or refusing to take the21853
chemical test, and gave the person the form described in division21854
(C)(2) of this section;21855

       (iv) That the person refused to submit to the chemical test21856
or that the person submitted to the chemical test and the test21857
results indicate that the person's blood contained a concentration21858
of ten-hundredths of one per cent or more by weight of alcohol,21859
the person's breath contained a concentration of ten-hundredths of21860
one gram or more by weight of alcohol per two hundred ten liters21861
of the person's breath, or the person's urine contained a21862
concentration of fourteen-hundredths of one gram or more by weight21863
of alcohol per one hundred milliliters of the person's urine at21864
the time of the alleged offense;21865

       (v) That the officer served a notice of suspension upon the21866
person as described in division (D)(1)(a) of this section.21867

       (2) The sworn report of an arresting officer completed under21868
division (D)(1)(c) of this section shall be given by the officer21869
to the arrested person at the time of the arrest or sent to the21870
person by regular first class mail by the registrar as soon21871
thereafter as possible, but no later than fourteen days after21872
receipt of the report. An arresting officer may give an unsworn21873
report to the arrested person at the time of the arrest provided21874
the report is complete when given to the arrested person and21875
subsequently is sworn to by the arresting officer. As soon as21876
possible, but no later than forty-eight hours after the arrest of21877
the person, the arresting officer shall send a copy of the sworn21878
report to the court in which the arrested person is to appear on21879
the charge for which the person was arrested.21880

       (3) The sworn report of an arresting officer completed and21881
sent to the registrar and the court under divisions (D)(1)(c) and21882
(D)(2) of this section is prima-facie proof of the information and21883
statements that it contains and shall be admitted and considered21884
as prima-facie proof of the information and statements that it21885
contains in any appeal under division (H) of this section relative21886
to any suspension of a person's driver's or commercial driver's21887
license or permit or nonresident operating privilege that results21888
from the arrest covered by the report.21889

       (E)(B)(1) Upon receipt of the sworn report of an arrestinga21890
law enforcement officer who arrested a person for a violation of21891
division (A) or (B) of section 4511.19 of the Revised Code,21892
section 4511.194 of the Revised Code, or a municipal OVI ordinance21893
that was completed and sent to the registrar and a court pursuant21894
to divisions (D)(1)(c) and (D)(2) of this section 4511.192 of the21895
Revised Code in regard to a person who refused to take the21896
designated chemical test, the registrar shall enter into the21897
registrar's records the fact that the person's driver's or21898
commercial driver's license or permit or nonresident operating21899
privilege was suspended by the arresting officer under division21900
(D)(1)(a) of this division and that section and the period of the21901
suspension, as determined under divisions (E)(1)(a) to (d) of this21902
section. The suspension shall be subject to appeal as provided in21903
this section and4511.197 of the Revised Code. The suspension21904
shall be for whichever of the following periods applies:21905

       (a) If the arrested person, within five years of the date on21906
which the person refused the request to consent to the chemical21907
test, had not refused a previous request to consent to a chemical21908
test of the person's blood, breath, or urine to determine its21909
alcohol contentExcept when division (B)(1)(b), (c), or (d) of21910
this section applies and specifies a different class or length of21911
suspension, the period of suspension shall be one year. If the21912
person is a resident without a license or permit to operate a21913
vehicle within this state, the registrar shall deny to the person21914
the issuance of a driver's or commercial driver's license or21915
permit for a period of one year after the date of the alleged21916
violationa class C suspension for the period of time specified in21917
division (B)(3) of section 4510.02 of the Revised Code.21918

       (b) If the arrested person, within fivesix years of the21919
date on which the person refused the request to consent to the21920
chemical test, had refused one previous request to consent to a21921
chemical test of the person's blood, breath, or urine to determine21922
its alcohol content, the period of suspension or denial shall be21923
two yearsa class B suspension imposed for the period of time21924
specified in division (B)(2) of section 4510.02 of the Revised21925
Code.21926

       (c) If the arrested person, within fivesix years of the21927
date on which the person refused the request to consent to the21928
chemical test, had refused two previous requests to consent to a21929
chemical test of the person's blood, breath, or urine to determine21930
its alcohol content, the period of suspension or denial shall be21931
three yearsa class A suspension imposed for the period of time21932
specified in division (B)(1) of section 4510.02 of the Revised21933
Code.21934

       (d) If the arrested person, within fivesix years of the21935
date on which the person refused the request to consent to the21936
chemical test, had refused three or more previous requests to21937
consent to a chemical test of the person's blood, breath, or urine21938
to determine its alcohol content, the period of suspension or21939
denial shall be for five years.21940

       (2) The suspension or denial imposed under division (E)(1)21941
of this section shall continue for the entire one-year, two-year,21942
three-year, or five-year period, subject to appeal as provided in21943
this section and subject to termination as provided in division21944
(K) of this section.21945

       (F)(2)The registrar shall terminate a suspension of the21946
driver's or commercial driver's license or permit of a resident or21947
of the operating privilege of a nonresident, or a denial of a21948
driver's or commercial driver's license or permit, imposed21949
pursuant to division (B)(1) of this section upon receipt of notice21950
that the person has entered a plea of guilty to, or has been21951
convicted of, operating a vehicle in violation of section 4511.1921952
of the Revised Code or in violation of a municipal OVI ordinance,21953
if the offense for which the conviction is had or the plea is21954
entered arose from the same incident that led to the suspension or21955
denial.21956

       The registrar shall credit against any judicial suspension of21957
a person's driver's or commercial driver's license or permit or21958
nonresident operating privilege imposed pursuant to section21959
4511.19 of the Revised Code, or pursuant to section 4510.07 of the21960
Revised Code for a violation of a municipal OVI ordinance, any21961
time during which the person serves a related suspension imposed21962
pursuant to division (B)(1) of this section.21963

       (C)(1) Upon receipt of the sworn report of an arrestinglaw21964
enforcement officer who arrested a person for a violation of21965
division (A) or (B) of section 4511.19 of the Revised Code or a21966
municipal OVI ordinance that was completed and sent to the21967
registrar and a court pursuant to divisions (D)(1)(c) and (D)(2)21968
of this section 4511.192 of the Revised Code in regard to a person21969
whose test results indicate that the person's whole blood, blood21970
serum or plasma, breath, or urine contained aat least the21971
concentration of ten-hundredths of one per cent or more by weight21972
of alcohol, the person's breath contained a concentration of21973
ten-hundredths of one gram or more by weight of alcohol per two21974
hundred ten liters of the person's breath, or the person's urine21975
contained a concentration of fourteen-hundredths of one gram or21976
more by weight of alcohol per one hundred milliliters of the21977
person's urine at the time of the alleged offensespecified in21978
division (A)(2), (3), (4), or (5) of section 4511.19 of the21979
Revised Code, the registrar shall enter into the registrar's21980
records the fact that the person's driver's or commercial driver's21981
license or permit or nonresident operating privilege was suspended21982
by the arresting officer under division (D)(1)(a) of this division21983
and section 4511.192 of the Revised Code and the period of the21984
suspension, as determined under divisions (F)(1) to (4) of this21985
section. The suspension shall be subject to appeal as provided in21986
this section and4511.197 of the Revised Code. The suspension21987
described in this division does not apply to, and shall not be21988
imposed upon, a person arrested for a violation of section21989
4511.194 of the Revised Code who submits to a designated chemical21990
test. The suspension shall be for whichever of the following21991
periods that applies:21992

       (1)(a) Except when division (F)(2), (3), or (4)(C)(1)(b),21993
(c), or (d) of this section applies and specifies a different21994
period of suspension or denial, the period of the suspension or21995
denial shall be ninety daysa class E suspension imposed for the21996
period of time specified in division (B)(5) of section 4510.02 of21997
the Revised Code.21998

       (2)(b) The period of suspension or denial shall be one year21999
a class C suspension for the period of time specified in division22000
(B)(3) of section 4510.02 of the Revised Code if the person has22001
been convicted of or pleaded guilty to, within six years of the22002
date the test was conducted, of aone violation of one of the22003
following:22004

       (a) Divisiondivision (A) or (B) of section 4511.19 of the22005
Revised Code;22006

       (b) A municipal ordinance relating to operating a vehicle22007
while under the influence of alcohol, a drug of abuse, or alcohol22008
and a drug of abuse;22009

       (c) A municipal ordinance relating to operating a vehicle22010
with a prohibited concentration of alcohol in the blood, breath,22011
or urine;22012

       (d) Section 2903.04 of the Revised Code in a case in which22013
the offender was subject to the sanctions described in division22014
(D) of that section;22015

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of22016
section 2903.08 of the Revised Code or a municipal ordinance that22017
is substantially similar to either of those divisions;22018

       (f) Division (A)(2), (3), or (4) of section 2903.06,22019
division (A)(2) of section 2903.08, or former section 2903.07 of22020
the Revised Code, or a municipal ordinance that is substantially22021
similar to any of those divisions or that former section, in a22022
case in which the jury or judge found that at the time of the22023
commission of the offense the offender was under the influence of22024
alcohol, a drug of abuse, or alcohol and a drug of abuse;22025

       (g) A statute of the United States or of any other state or22026
a municipal ordinance of a municipal corporation located in any22027
other state that is substantially similar to division (A) or (B)22028
of section 4511.19 of the Revised Codeor one other equivalent22029
offense.22030

       (3)(c) If the person has been convicted, within six years of22031
the date the test was conducted, ofthe person has been convicted22032
of or pleaded guilty to two violations of a statute or ordinance22033
described in division (F)(2)(C)(1)(b) of this section, the period22034
of the suspension or denial shall be two yearsa class B22035
suspension imposed for the period of time specified in division22036
(B)(2) of section 4510.02 of the Revised Code.22037

       (4)(d) If the person has been convicted, within six years of22038
the date the test was conducted, ofthe person has been convicted22039
of or pleaded guilty to more than two violations of a statute or22040
ordinance described in division (F)(2)(C)(1)(b) of this section,22041
the period of the suspension or denial shall be three yearsa22042
class A suspension imposed for the period of time specified in22043
division (B)(1) of section 4510.02 of the Revised Code.22044

       (2) The registrar shall terminate a suspension of the22045
driver's or commercial driver's license or permit of a resident or22046
of the operating privilege of a nonresident, or a denial of a22047
driver's or commercial driver's license or permit, imposed22048
pursuant to division (C)(1) of this section upon receipt of notice22049
that the person has entered a plea of guilty to, or has been22050
convicted of, operating a vehicle in violation of section 4511.1922051
of the Revised Code or in violation of a municipal OVI ordinance,22052
if the offense for which the conviction is had or the plea is22053
entered arose from the same incident that led to the suspension or22054
denial.22055

       The registrar shall credit against any judicial suspension of22056
a person's driver's or commercial driver's license or permit or22057
nonresident operating privilege imposed pursuant to section22058
4511.19 of the Revised Code, or pursuant to section 4510.07 of the22059
Revised Code for a violation of a municipal OVI ordinance, any22060
time during which the person serves a related suspension imposed22061
pursuant to division (C)(1) of this section.22062

       (G)(D)(1) A suspension of a person's driver's or commercial22063
driver's license or permit or nonresident operating privilege22064
under division (D)(1)(a) of this section for the period of time22065
described in division (E)(B) or (F)(C) of this section is22066
effective immediately from the time at which the arresting officer22067
serves the notice of suspension upon the arrested person. Any22068
subsequent finding that the person is not guilty of the charge22069
that resulted in the person being requested to take, or in the22070
person taking, the chemical test or tests under division (A) of22071
this section affectsdoes not affect the suspension only as22072
described in division (H)(2) of this section.22073

       (2) If a person is arrested for operating a vehicle while22074
under the influence of alcohol, a drug of abuse, or alcohol and a22075
drug of abuse or for operating a vehicle with a prohibited22076
concentration of alcohol in the blood, breath, or urine and,22077
streetcar, or trackless trolley in violation of division (A) or22078
(B) of section 4511.19 of the Revised Code or a municipal OVI22079
ordinance, or for being in physical control of a stationary22080
vehicle, streetcar, or trackless trolley in violation of section22081
4511.194 of the Revised Code, regardless of whether the person's22082
driver's or commercial driver's license or permit or nonresident22083
operating privilege is or is not suspended under division (E)(B)22084
or (F)(C) of this section or Chapter 4510. of the Revised Code,22085
the person's initial appearance on the charge resulting from the22086
arrest shall be held within five days of the person's arrest or22087
the issuance of the citation to the person, subject to any22088
continuance granted by the court pursuant to division (H)(1) of22089
this section 4511.197 of the Revised Code regarding the issues22090
specified in that division.22091

       (H)(1) If a person is arrested for operating a vehicle while22092
under the influence of alcohol, a drug of abuse, or alcohol and a22093
drug of abuse or for operating a vehicle with a prohibited22094
concentration of alcohol in the blood, breath, or urine and if the22095
person's driver's or commercial driver's license or permit or22096
nonresident operating privilege is suspended under division (E) or22097
(F) of this section, the person may appeal the suspension at the22098
person's initial appearance on the charge resulting from the22099
arrest in the court in which the person will appear on that22100
charge. If the person appeals the suspension at the person's22101
initial appearance, the appeal does not stay the operation of the22102
suspension. Subject to division (H)(2) of this section, no court22103
has jurisdiction to grant a stay of a suspension imposed under22104
division (E) or (F) of this section, and any order issued by any22105
court that purports to grant a stay of any suspension imposed22106
under either of those divisions shall not be given administrative22107
effect.22108

       If the person appeals the suspension at the person's initial22109
appearance, either the person or the registrar may request a22110
continuance of the appeal. Either the person or the registrar22111
shall make the request for a continuance of the appeal at the same22112
time as the making of the appeal. If either the person or the22113
registrar requests a continuance of the appeal, the court may22114
grant the continuance. The court also may continue the appeal on22115
its own motion. The granting of a continuance applies only to the22116
conduct of the appeal of the suspension and does not extend the22117
time within which the initial appearance must be conducted, and22118
the court shall proceed with all other aspects of the initial22119
appearance in accordance with its normal procedures. Neither the22120
request for nor the granting of a continuance stays the operation22121
of the suspension that is the subject of the appeal.22122

       If the person appeals the suspension at the person's initial22123
appearance, the scope of the appeal is limited to determining22124
whether one or more of the following conditions have not been met:22125

       (a) Whether the law enforcement officer had reasonable22126
ground to believe the arrested person was operating a vehicle upon22127
a highway or public or private property used by the public for22128
vehicular travel or parking within this state while under the22129
influence of alcohol, a drug of abuse, or alcohol and a drug of22130
abuse or with a prohibited concentration of alcohol in the blood,22131
breath, or urine and whether the arrested person was in fact22132
placed under arrest;22133

       (b) Whether the law enforcement officer requested the22134
arrested person to submit to the chemical test designated pursuant22135
to division (A) of this section;22136

       (c) Whether the arresting officer informed the arrested22137
person of the consequences of refusing to be tested or of22138
submitting to the test;22139

       (d) Whichever of the following is applicable:22140

       (i) Whether the arrested person refused to submit to the22141
chemical test requested by the officer;22142

       (ii) Whether the chemical test results indicate that the22143
arrested person's blood contained a concentration of22144
ten-hundredths of one per cent or more by weight of alcohol, the22145
person's breath contained a concentration of ten-hundredths of one22146
gram or more by weight of alcohol per two hundred ten liters of22147
the person's breath, or the person's urine contained a22148
concentration of fourteen-hundredths of one gram or more by weight22149
of alcohol per one hundred milliliters of the person's urine at22150
the time of the alleged offense.22151

       (2) If the person appeals the suspension at the initial22152
appearance, the judge or referee of the court or the mayor of the22153
mayor's court shall determine whether one or more of the22154
conditions specified in divisions (H)(1)(a) to (d) of this section22155
have not been met. The person who appeals the suspension has the22156
burden of proving, by a preponderance of the evidence, that one or22157
more of the specified conditions has not been met. If during the22158
appeal at the initial appearance the judge or referee of the court22159
or the mayor of the mayor's court determines that all of those22160
conditions have been met, the judge, referee, or mayor shall22161
uphold the suspension, shall continue the suspension, and shall22162
notify the registrar of the decision on a form approved by the22163
registrar. Except as otherwise provided in division (H)(2) of22164
this section, if the suspension is upheld or if the person does22165
not appeal the suspension at the person's initial appearance under22166
division (H)(1) of this section, the suspension shall continue22167
until the complaint alleging the violation for which the person22168
was arrested and in relation to which the suspension was imposed22169
is adjudicated on the merits by the judge or referee of the trial22170
court or by the mayor of the mayor's court. If the suspension was22171
imposed under division (E) of this section and it is continued22172
under this division, any subsequent finding that the person is not22173
guilty of the charge that resulted in the person being requested22174
to take the chemical test or tests under division (A) of this22175
section does not terminate or otherwise affect the suspension. If22176
the suspension was imposed under division (F) of this section and22177
it is continued under this division, the suspension shall22178
terminate if, for any reason, the person subsequently is found not22179
guilty of the charge that resulted in the person taking the22180
chemical test or tests under division (A) of this section.22181

       If, during the appeal at the initial appearance, the judge or22182
referee of the trial court or the mayor of the mayor's court22183
determines that one or more of the conditions specified in22184
divisions (H)(1)(a) to (d) of this section have not been met, the22185
judge, referee, or mayor shall terminate the suspension, subject22186
to the imposition of a new suspension under division (B) of22187
section 4511.196 of the Revised Code; shall notify the registrar22188
of the decision on a form approved by the registrar; and, except22189
as provided in division (B) of section 4511.196 of the Revised22190
Code, shall order the registrar to return the driver's or22191
commercial driver's license or permit to the person or to take22192
such measures as may be necessary, if the license or permit was22193
destroyed under section 4507.55 of the Revised Code, to permit the22194
person to obtain a replacement driver's or commercial driver's22195
license or permit from the registrar or a deputy registrar in22196
accordance with that section. The court also shall issue to the22197
person a court order, valid for not more than ten days from the22198
date of issuance, granting the person operating privileges for22199
that period of time.22200

       If the person appeals the suspension at the initial22201
appearance, the registrar shall be represented by the prosecuting22202
attorney of the county in which the arrest occurred if the initial22203
appearance is conducted in a juvenile court or county court,22204
except that if the arrest occurred within a city or village within22205
the jurisdiction of the county court in which the appeal is22206
conducted, the city director of law or village solicitor of that22207
city or village shall represent the registrar. If the appeal is22208
conducted in a municipal court, the registrar shall be represented22209
as provided in section 1901.34 of the Revised Code. If the appeal22210
is conducted in a mayor's court, the registrar shall be22211
represented by the city director of law, village solicitor, or22212
other chief legal officer of the municipal corporation that22213
operates that mayor's court.22214

       (I)(1)(a) A person is not entitled to request, and a court22215
shall not grant to the person, occupational driving privileges22216
under division (I)(1) of this section if a person's driver's or22217
commercial driver's license or permit or nonresident operating22218
privilege has been suspended pursuant to division (E) of this22219
section, and the person, within the preceding seven years, has22220
refused three previous requests to consent to a chemical test of22221
the person's blood, breath, or urine to determine its alcohol22222
content or has been convicted of or pleaded guilty to three or22223
more violations of one or more of the following:22224

       (i) Division (A) or (B) of section 4511.19 of the Revised22225
Code;22226

       (ii) A municipal ordinance relating to operating a vehicle22227
while under the influence of alcohol, a drug of abuse, or alcohol22228
and a drug of abuse;22229

       (iii) A municipal ordinance relating to operating a vehicle22230
with a prohibited concentration of alcohol in the blood, breath,22231
or urine;22232

       (iv) Section 2903.04 of the Revised Code in a case in which22233
the person was subject to the sanctions described in division (D)22234
of that section;22235

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22236
section 2903.08 of the Revised Code or a municipal ordinance that22237
is substantially similar to either of those divisions;22238

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22239
division (A)(2) of section 2903.08, or former section 2903.07 of22240
the Revised Code, or a municipal ordinance that is substantially22241
similar to any of those divisions or that former section, in a22242
case in which the jury or judge found that the person was under22243
the influence of alcohol, a drug of abuse, or alcohol and a drug22244
of abuse;22245

       (vii) A statute of the United States or of any other state22246
or a municipal ordinance of a municipal corporation located in any22247
other state that is substantially similar to division (A) or (B)22248
of section 4511.19 of the Revised Code.22249

       (b) Any other person who is not described in division22250
(I)(1)(a) of this section and whose driver's or commercial22251
driver's license or nonresident operating privilege has been22252
suspended pursuant to division (E) of this section may file a22253
petition requesting occupational driving privileges in the common22254
pleas court, municipal court, county court, mayor's court, or, if22255
the person is a minor, juvenile court with jurisdiction over the22256
related criminal or delinquency case. The petition may be filed22257
at any time subsequent to the date on which the notice of22258
suspension is served upon the arrested person. The person shall22259
pay the costs of the proceeding, notify the registrar of the22260
filing of the petition, and send the registrar a copy of the22261
petition.22262

       In the proceedings, the registrar shall be represented by the22263
prosecuting attorney of the county in which the arrest occurred if22264
the petition is filed in the juvenile court, county court, or22265
common pleas court, except that, if the arrest occurred within a22266
city or village within the jurisdiction of the county court in22267
which the petition is filed, the city director of law or village22268
solicitor of that city or village shall represent the registrar.22269
If the petition is filed in the municipal court, the registrar22270
shall be represented as provided in section 1901.34 of the Revised22271
Code. If the petition is filed in a mayor's court, the registrar22272
shall be represented by the city director of law, village22273
solicitor, or other chief legal officer of the municipal22274
corporation that operates the mayor's court.22275

       The court, if it finds reasonable cause to believe that22276
suspension would seriously affect the person's ability to continue22277
in the person's employment, may grant the person occupational22278
driving privileges during the period of suspension imposed22279
pursuant to division (E) of this section, subject to the22280
limitations contained in this division and division (I)(2) of this22281
section. The court may grant the occupational driving privileges,22282
subject to the limitations contained in this division and division22283
(I)(2) of this section, regardless of whether the person appeals22284
the suspension at the person's initial appearance under division22285
(H)(1) of this section or appeals the decision of the court made22286
pursuant to the appeal conducted at the initial appearance, and,22287
if the person has appealed the suspension or decision, regardless22288
of whether the matter at issue has been heard or decided by the22289
court. The court shall not grant occupational driving privileges22290
for employment as a driver of commercial motor vehicles to any22291
person who is disqualified from operating a commercial motor22292
vehicle under section 3123.611 or 4506.16 of the Revised Code or22293
whose commercial driver's license or commercial driver's temporary22294
instruction permit has been suspended under section 3123.58 of the22295
Revised Code.22296

       (2)(a) In granting occupational driving privileges under22297
division (I)(1) of this section, the court may impose any22298
condition it considers reasonable and necessary to limit the use22299
of a vehicle by the person. The court shall deliver to the person22300
a permit card, in a form to be prescribed by the court, setting22301
forth the time, place, and other conditions limiting the22302
defendant's use of a vehicle. The grant of occupational driving22303
privileges shall be conditioned upon the person's having the22304
permit in the person's possession at all times during which the22305
person is operating a vehicle.22306

       A person granted occupational driving privileges who operates22307
a vehicle for other than occupational purposes, in violation of22308
any condition imposed by the court, or without having the permit22309
in the person's possession, is guilty of a violation of section22310
4507.02 of the Revised Code.22311

       (b) The court may not grant a person occupational driving22312
privileges under division (I)(1) of this section when prohibited22313
by a limitation contained in that division or during any of the22314
following periods of time:22315

       (i) The first thirty days of suspension imposed upon a22316
person who, within five years of the date on which the person22317
refused the request to consent to a chemical test of the person's22318
blood, breath, or urine to determine its alcohol content and for22319
which refusal the suspension was imposed, had not refused a22320
previous request to consent to a chemical test of the person's22321
blood, breath, or urine to determine its alcohol content;22322

       (ii) The first ninety days of suspension imposed upon a22323
person who, within five years of the date on which the person22324
refused the request to consent to a chemical test of the person's22325
blood, breath, or urine to determine its alcohol content and for22326
which refusal the suspension was imposed, had refused one previous22327
request to consent to a chemical test of the person's blood,22328
breath, or urine to determine its alcohol content;22329

       (iii) The first year of suspension imposed upon a person22330
who, within five years of the date on which the person refused the22331
request to consent to a chemical test of the person's blood,22332
breath, or urine to determine its alcohol content and for which22333
refusal the suspension was imposed, had refused two previous22334
requests to consent to a chemical test of the person's blood,22335
breath, or urine to determine its alcohol content;22336

       (iv) The first three years of suspension imposed upon a22337
person who, within five years of the date on which the person22338
refused the request to consent to a chemical test of the person's22339
blood, breath, or urine to determine its alcohol content and for22340
which refusal the suspension was imposed, had refused three or22341
more previous requests to consent to a chemical test of the22342
person's blood, breath, or urine to determine its alcohol content.22343

       (3) The court shall give information in writing of any22344
action taken under this section to the registrar.22345

       (4) If a person's driver's or commercial driver's license or22346
permit or nonresident operating privilege has been suspended22347
pursuant to division (F) of this section, and the person, within22348
the preceding seven years, has been convicted of or pleaded guilty22349
to three or more violations of division (A) or (B) of section22350
4511.19 of the Revised Code, a municipal ordinance relating to22351
operating a vehicle while under the influence of alcohol, a drug22352
of abuse, or alcohol and a drug of abuse, a municipal ordinance22353
relating to operating a vehicle with a prohibited concentration of22354
alcohol in the blood, breath, or urine, section 2903.04 of the22355
Revised Code in a case in which the person was subject to the22356
sanctions described in division (D) of that section, or section22357
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal22358
ordinance that is substantially similar to section 2903.07 of the22359
Revised Code in a case in which the jury or judge found that the22360
person was under the influence of alcohol, a drug of abuse, or22361
alcohol and a drug of abuse, or a statute of the United States or22362
of any other state or a municipal ordinance of a municipal22363
corporation located in any other state that is substantially22364
similar to division (A) or (B) of section 4511.19 of the Revised22365
Code, the person is not entitled to request, and the court shall22366
not grant to the person, occupational driving privileges under22367
this division. Any other person whose driver's or commercial22368
driver's license or nonresident operating privilege has been22369
suspended pursuant to division (F) of this section may file in the22370
court specified in division (I)(1)(b) of this section a petition22371
requesting occupational driving privileges in accordance with22372
section 4507.16 of the Revised Code. The petition may be filed at22373
any time subsequent to the date on which the arresting officer22374
serves the notice of suspension upon the arrested person. Upon22375
the making of the request, occupational driving privileges may be22376
granted in accordance with section 4507.16 of the Revised Code. 22377
The court may grant the occupational driving privileges, subject22378
to the limitations contained in section 4507.16 of the Revised22379
Code, regardless of whether the person appeals the suspension at22380
the person's initial appearance under division (H)(1) of this22381
section or appeals the decision of the court made pursuant to the22382
appeal conducted at the initial appearance, and, if the person has22383
appealed the suspension or decision, regardless of whether the22384
matter at issue has been heard or decided by the court.22385

       (J)(E) When it finally has been determined under the22386
procedures of this section and sections 4511.192 through 4511.19722387
of the Revised Code that a nonresident's privilege to operate a22388
vehicle within this state has been suspended, the registrar shall22389
give information in writing of the action taken to the motor22390
vehicle administrator of the state of the person's residence and22391
of any state in which the person has a license.22392

       (K) A suspension of the driver's or commercial driver's22393
license or permit of a resident, a suspension of the operating22394
privilege of a nonresident, or a denial of a driver's or22395
commercial driver's license or permit pursuant to division (E) or22396
(F) of this section shall be terminated by the registrar upon22397
receipt of notice of the person's entering a plea of guilty to, or22398
of the person's conviction of, operating a vehicle while under the22399
influence of alcohol, a drug of abuse, or alcohol and a drug of22400
abuse or with a prohibited concentration of alcohol in the blood,22401
breath, or urine, if the offense for which the plea is entered or22402
that resulted in the conviction arose from the same incident that22403
led to the suspension or denial.22404

       The registrar shall credit against any judicial suspension of22405
a person's driver's or commercial driver's license or permit or22406
nonresident operating privilege imposed pursuant to division (B)22407
or (E) of section 4507.16 of the Revised Code any time during22408
which the person serves a related suspension imposed pursuant to22409
division (E) or (F) of this section.22410

       (L)(F) At the end of a suspension period under this section,22411
under section 4511.196, or division (B)(G) of section 4507.1622412
4511.19 of the Revised Code, or under section 4510.07 of the22413
Revised Code for a violation of a municipal OVI ordinance and upon22414
the request of the person whose driver's or commercial driver's22415
license or permit was suspended and who is not otherwise subject22416
to suspension, revocationcancellation, or disqualification, the22417
registrar shall return the driver's or commercial driver's license22418
or permit to the person upon the person's compliance with22419
occurrence of all of the conditions specified in divisions22420
(L)(F)(1) and (2) of this section:22421

       (1) A showing by the person that the person has proof of22422
financial responsibility, a policy of liability insurance in22423
effect that meets the minimum standards set forth in section22424
4509.51 of the Revised Code, or proof, to the satisfaction of the22425
registrar, that the person is able to respond in damages in an22426
amount at least equal to the minimum amounts specified in section22427
4509.51 of the Revised Code.22428

       (2) Subject to the limitation contained in division22429
(L)(F)(3) of this section, payment by the person to the bureau of22430
motor vehicles of a license reinstatement fee of four hundred22431
twenty-five dollars to the bureau of motor vehicles, which fee22432
shall be deposited in the state treasury and credited as follows:22433

       (a) One hundred twelve dollars and fifty cents shall be22434
credited to the statewide treatment and prevention fund created by22435
section 4301.30 of the Revised Code. The fund shall be used to22436
pay the costs of driver treatment and intervention programs22437
operated pursuant to sections 3793.02 and 3793.10 of the Revised22438
Code. The director of alcohol and drug addiction services shall22439
determine the share of the fund that is to be allocated to alcohol22440
and drug addiction programs authorized by section 3793.02 of the22441
Revised Code, and the share of the fund that is to be allocated to22442
drivers' intervention programs authorized by section 3793.10 of22443
the Revised Code.22444

       (b) Seventy-five dollars shall be credited to the22445
reparations fund created by section 2743.191 of the Revised Code.22446

       (c) Thirty-seven dollars and fifty cents shall be credited22447
to the indigent drivers alcohol treatment fund, which is hereby22448
established. Except as otherwise provided in division22449
(L)(F)(2)(c) of this section, moneys in the fund shall be22450
distributed by the department of alcohol and drug addiction22451
services to the county indigent drivers alcohol treatment funds,22452
the county juvenile indigent drivers alcohol treatment funds, and22453
the municipal indigent drivers alcohol treatment funds that are22454
required to be established by counties and municipal corporations22455
pursuant to division (N) of this section, and shall be used only22456
to pay the cost of an alcohol and drug addiction treatment program22457
attended by an offender or juvenile traffic offender who is22458
ordered to attend an alcohol and drug addiction treatment program22459
by a county, juvenile, or municipal court judge and who is22460
determined by the county, juvenile, or municipal court judge not22461
to have the means to pay for the person's attendance at the22462
program or to pay the costs specified in division (N)(H)(4) of22463
this section in accordance with that division. Moneys in the fund22464
that are not distributed to a county indigent drivers alcohol22465
treatment fund, a county juvenile indigent drivers alcohol22466
treatment fund, or a municipal indigent drivers alcohol treatment22467
fund under division (N)(H) of this section because the director of22468
alcohol and drug addiction services does not have the information22469
necessary to identify the county or municipal corporation where22470
the offender or juvenile offender was arrested may be transferred22471
by the director of budget and management to the statewide22472
treatment and prevention fund created by section 4301.30 of the22473
Revised Code, upon certification of the amount by the director of22474
alcohol and drug addiction services.22475

       (d) Seventy-five dollars shall be credited to the Ohio22476
rehabilitation services commission established by section 3304.1222477
of the Revised Code, to the services for rehabilitation fund,22478
which is hereby established. The fund shall be used to match22479
available federal matching funds where appropriate, and for any22480
other purpose or program of the commission to rehabilitate people22481
with disabilities to help them become employed and independent.22482

       (e) Seventy-five dollars shall be deposited into the state22483
treasury and credited to the drug abuse resistance education22484
programs fund, which is hereby established, to be used by the22485
attorney general for the purposes specified in division (L)(4) of22486
this section.22487

       (f) Thirty dollars shall be credited to the state bureau of22488
motor vehicles fund created by section 4501.25 of the Revised22489
Code.22490

       (g) Twenty dollars shall be credited to the trauma and22491
emergency medical services grants fund created by section 4513.26322492
of the Revised Code.22493

       (3) If a person's driver's or commercial driver's license or22494
permit is suspended under division (E) or (F) of this section,22495
under section 4511.196, or division (B)(G) of section 4507.1622496
4511.19 of the Revised Code, under section 4510.07 of the Revised22497
Code for a violation of a municipal OVI ordinance or under any22498
combination of the suspensions described in division (L)(F)(3) of22499
this section, and if the suspensions arise from a single incident22500
or a single set of facts and circumstances, the person is liable22501
for payment of, and shall be required to pay to the bureau, only22502
one reinstatement fee of four hundred five dollars. The22503
reinstatement fee shall be distributed by the bureau in accordance22504
with division (L)(F)(2) of this section.22505

       (4) The attorney general shall use amounts in the drug abuse22506
resistance education programs fund to award grants to law22507
enforcement agencies to establish and implement drug abuse22508
resistance education programs in public schools. Grants awarded22509
to a law enforcement agency under division (L)(2)(e) of this22510
section shall be used by the agency to pay for not more than fifty22511
per cent of the amount of the salaries of law enforcement officers22512
who conduct drug abuse resistance education programs in public22513
schools. The attorney general shall not use more than six per22514
cent of the amounts the attorney general's office receives under22515
division (L)(F)(2)(e) of this section to pay the costs it incurs22516
in administering the grant program established by division22517
(L)(F)(2)(e) of this section and in providing training and22518
materials relating to drug abuse resistance education programs.22519

       The attorney general shall report to the governor and the22520
general assembly each fiscal year on the progress made in22521
establishing and implementing drug abuse resistance education22522
programs. These reports shall include an evaluation of the22523
effectiveness of these programs.22524

       (M)(G) Suspension of a commercial driver's license under22525
division (E)(B) or (F)(C) of this section shall be concurrent with22526
any period of disqualification under section 3123.611 or 4506.1622527
of the Revised Code or any period of suspension under section22528
3123.58 of the Revised Code. No person who is disqualified for22529
life from holding a commercial driver's license under section22530
4506.16 of the Revised Code shall be issued a driver's license22531
under Chapter 4507. of the Revised Code during the period for22532
which the commercial driver's license was suspended under division22533
(E)(B) or (F)(C) of this section, and no. No person whose22534
commercial driver's license is suspended under division (E)(B) or22535
(F)(C) of this section shall be issued a driver's license under22536
that chapterChapter 4507. of the Revised Code during the period22537
of the suspension.22538

       (N)(H)(1) Each county shall establish an indigent drivers22539
alcohol treatment fund, each county shall establish a juvenile22540
indigent drivers alcohol treatment fund, and each municipal22541
corporation in which there is a municipal court shall establish an22542
indigent drivers alcohol treatment fund. All revenue that the22543
general assembly appropriates to the indigent drivers alcohol22544
treatment fund for transfer to a county indigent drivers alcohol22545
treatment fund, a county juvenile indigent drivers alcohol22546
treatment fund, or a municipal indigent drivers alcohol treatment22547
fund, all portions of fees that are paid under division (L) of22548
this section and that are credited under that division to the22549
indigent drivers alcohol treatment fund in the state treasury for22550
a county indigent drivers alcohol treatment fund, a county22551
juvenile indigent drivers alcohol treatment fund, or a municipal22552
indigent drivers alcohol treatment fund, and all portions of fines22553
that are specified for deposit into a county or municipal indigent22554
drivers alcohol treatment fund by section 4511.193 of the Revised22555
Code shall be deposited into that county indigent drivers alcohol22556
treatment fund, county juvenile indigent drivers alcohol treatment22557
fund, or municipal indigent drivers alcohol treatment fund in22558
accordance with division (N)(H)(2) of this section. Additionally,22559
all portions of fines that are paid for a violation of section22560
4511.19 of the Revised Code or division (B)(2) of section 4507.0222561
of any prohibition contained in Chapter 4510. of the Revised Code,22562
and that are required under division (A)(1), (2), (5), or (6) of22563
section 4511.994511.19 or division (B)(5) of section 4507.99any22564
provision of Chapter 4510. of the Revised Code to be deposited22565
into a county indigent drivers alcohol treatment fund or municipal22566
indigent drivers alcohol treatment fund shall be deposited into22567
the appropriate fund in accordance with the applicable division.22568

       (2) That portion of the license reinstatement fee that is22569
paid under division (L)(F) of this section and that is credited22570
under that division to the indigent drivers alcohol treatment fund22571
shall be deposited into a county indigent drivers alcohol22572
treatment fund, a county juvenile indigent drivers alcohol22573
treatment fund, or a municipal indigent drivers alcohol treatment22574
fund as follows:22575

       (a) If the suspension in question was imposed under this22576
section, that portion of the fee shall be deposited as follows:22577

       (i) If the fee is paid by a person who was charged in a22578
county court with the violation that resulted in the suspension,22579
the portion shall be deposited into the county indigent drivers22580
alcohol treatment fund under the control of that court;22581

       (ii) If the fee is paid by a person who was charged in a22582
juvenile court with the violation that resulted in the suspension,22583
the portion shall be deposited into the county juvenile indigent22584
drivers alcohol treatment fund established in the county served by22585
the court;22586

       (iii) If the fee is paid by a person who was charged in a22587
municipal court with the violation that resulted in the22588
suspension, the portion shall be deposited into the municipal22589
indigent drivers alcohol treatment fund under the control of that22590
court.22591

       (b) If the suspension in question was imposed under division22592
(B) of section 4507.164511.19 of the Revised Code or under22593
section 4510.07 of the Revised Code for a violation of a municipal22594
OVI ordinance, that portion of the fee shall be deposited as22595
follows:22596

       (i) If the fee is paid by a person whose license or permit22597
was suspended by a county court, the portion shall be deposited22598
into the county indigent drivers alcohol treatment fund under the22599
control of that court;22600

       (ii) If the fee is paid by a person whose license or permit22601
was suspended by a municipal court, the portion shall be deposited22602
into the municipal indigent drivers alcohol treatment fund under22603
the control of that court.22604

       (3) Expenditures from a county indigent drivers alcohol22605
treatment fund, a county juvenile indigent drivers alcohol22606
treatment fund, or a municipal indigent drivers alcohol treatment22607
fund shall be made only upon the order of a county, juvenile, or22608
municipal court judge and only for payment of the cost of the22609
attendance at an alcohol and drug addiction treatment program of a22610
person who is convicted of, or found to be a juvenile traffic22611
offender by reason of, a violation of division (A) of section22612
4511.19 of the Revised Code or a substantially similar municipal22613
ordinance, who is ordered by the court to attend the alcohol and22614
drug addiction treatment program, and who is determined by the22615
court to be unable to pay the cost of attendance at the treatment22616
program or for payment of the costs specified in division22617
(N)(H)(4) of this section in accordance with that division. The22618
alcohol and drug addiction services board or the board of alcohol,22619
drug addiction, and mental health services established pursuant to22620
section 340.02 or 340.021 of the Revised Code and serving the22621
alcohol, drug addiction, and mental health service district in22622
which the court is located shall administer the indigent drivers22623
alcohol treatment program of the court. When a court orders an22624
offender or juvenile traffic offender to attend an alcohol and22625
drug addiction treatment program, the board shall determine which22626
program is suitable to meet the needs of the offender or juvenile22627
traffic offender, and when a suitable program is located and space22628
is available at the program, the offender or juvenile traffic22629
offender shall attend the program designated by the board. A22630
reasonable amount not to exceed five per cent of the amounts22631
credited to and deposited into the county indigent drivers alcohol22632
treatment fund, the county juvenile indigent drivers alcohol22633
treatment fund, or the municipal indigent drivers alcohol22634
treatment fund serving every court whose program is administered22635
by that board shall be paid to the board to cover the costs it22636
incurs in administering those indigent drivers alcohol treatment22637
programs.22638

       (4) If a county, juvenile, or municipal court determines, in22639
consultation with the alcohol and drug addiction services board or22640
the board of alcohol, drug addiction, and mental health services22641
established pursuant to section 340.02 or 340.021 of the Revised22642
Code and serving the alcohol, drug addiction, and mental health22643
district in which the court is located, that the funds in the22644
county indigent drivers alcohol treatment fund, the county22645
juvenile indigent drivers alcohol treatment fund, or the municipal22646
indigent drivers alcohol treatment fund under the control of the22647
court are more than sufficient to satisfy the purpose for which22648
the fund was established, as specified in divisions (N)(H)(1) to22649
(3) of this section, the court may declare a surplus in the fund.22650
If the court declares a surplus in the fund, the court may expend22651
the amount of the surplus in the fund for alcohol and drug abuse22652
assessment and treatment of persons who are charged in the court22653
with committing a criminal offense or with being a delinquent22654
child or juvenile traffic offender and in relation to whom both of22655
the following apply:22656

       (a) The court determines that substance abuse was a22657
contributing factor leading to the criminal or delinquent activity22658
or the juvenile traffic offense with which the person is charged.22659

       (b) The court determines that the person is unable to pay22660
the cost of the alcohol and drug abuse assessment and treatment22661
for which the surplus money will be used.22662

       Sec. 4511.192.  (A) No person whose driver's or commercial22663
driver's license or permit or nonresident operating privilege has22664
been suspended under section 4511.191 or 4511.196 of the Revised22665
Code shall operate a vehicle upon the highways or streets within22666
this state.22667

       (B) It is an affirmative defense to any prosecution brought22668
pursuant to this section that the alleged offender drove under22669
suspension because of a substantial emergency, provided that no22670
other person was reasonably available to drive in response to the22671
emergency.The arresting law enforcement officer shall give advice22672
in accordance with this section to any person under arrest for a22673
violation of division (A) or (B) of section 4511.19 of the Revised22674
Code, section 4511.194 of the Revised Code, or a municipal OVI22675
ordinance. The officer shall give that advice in a written form22676
that contains the information described in division (B) of this22677
section and shall read the advice to the person. The form shall22678
contain a statement that the form was shown to the person under22679
arrest and read to the person by the arresting officer. One or22680
more persons shall witness the arresting officer's reading of the22681
form, and the witnesses shall certify to this fact by signing the22682
form.22683

       (B) If a person is under arrest as described in division (A)22684
of this section, before the person may be requested to submit to a22685
chemical test or tests to determine the alcohol, drug, or alcohol22686
and drug content of the person's whole blood, blood serum or22687
plasma, breath, or urine, the arresting officer shall read the22688
following form to the person:22689

       "You now are under arrest for violating a prohibition22690
contained in state law or a municipal ordinance against operating22691
a vehicle, streetcar, or trackless trolley while under the22692
influence of alcohol, a drug of abuse, or a combination of them or22693
while you have a prohibited concentration of alcohol in your whole22694
blood, blood serum or plasma, breath, or urine, or for violating a22695
prohibition contained in state law against being in physical22696
control of a vehicle, streetcar, or trackless trolley while under22697
the influence of alcohol, a drug of abuse, or a combination of22698
them or while you have a prohibited concentration of alcohol in22699
your whole blood, blood serum or plasma, breath, or urine.22700

       If you are under arrest for violating a prohibition against22701
operating a vehicle, streetcar, or trackless trolley while under22702
the influence of alcohol, a drug of abuse, or a combination of22703
them or while you have a prohibited concentration of alcohol in22704
your whole blood, blood serum or plasma, breath, or urine and if22705
you take any chemical test or tests required under section22706
4511.191 of the Revised Code and are found to be at or over the22707
prohibited amount of alcohol in your whole blood, blood serum or22708
plasma, breath, or urine as set by state law for the offense of22709
OVI, you will be subject to at least the following:22710

       (1) Immediate suspension of your privilege to operate a22711
vehicle in Ohio;22712

       (2) Payment of a reinstatement fee.22713

       If you are under arrest for violating any of the specified22714
prohibitions and you refuse to take any chemical test or tests22715
required under section 4511.191 of the Revised Code, you will be22716
subject to at least the following:22717

       (1) Immediate suspension of your privilege to operate a22718
vehicle in Ohio;22719

       (2) Payment of a reinstatement fee.22720

       If you take a chemical test or tests required under section22721
4511.191 of the Revised Code, you may have an independent chemical22722
test taken at your own expense."22723

       (C) If the arresting law enforcement officer does not ask a22724
person under arrest as described in division (A) of this section22725
to submit to a chemical test or tests under section 4511.191 of22726
the Revised Code, the arresting officer shall seize the Ohio or22727
out-of-state driver's or commercial driver's license or permit of22728
the person and immediately forward it to the court in which the22729
arrested person is to appear on the charge. If the arrested22730
person is not in possession of the person's license or permit or22731
it is not in the person's vehicle, the officer shall order the22732
person to surrender it to the law enforcement agency that employs22733
the officer within twenty-four hours after the arrest, and, upon22734
the surrender, the agency immediately shall forward the license or22735
permit to the court in which the person is to appear on the22736
charge. Upon receipt of the license or permit, the court shall22737
retain it pending the arrested person's initial appearance and any22738
action taken under section 4511.196 of the Revised Code.22739

       (D)(1) If a law enforcement officer asks a person under22740
arrest as described in division (A) of this section to submit to a22741
chemical test or tests under section 4511.191 of the Revised Code,22742
if the officer advises the person in accordance with this section22743
of the consequences of the person's refusal or submission, and if22744
either the person refuses to submit to the test or tests or,22745
unless the arrest was for a violation of section 4511.194 of the22746
Revised Code, the person submits to the test or tests and the test22747
results indicate a prohibited concentration of alcohol in the22748
person's whole blood, blood serum or plasma, breath, or urine at22749
the time of the alleged offense, the arresting officer shall do22750
all of the following:22751

       (a) On behalf of the registrar of motor vehicles, notify the22752
person that, independent of any penalties or sanctions imposed22753
upon the person, the person's Ohio driver's or commercial driver's22754
license or permit or nonresident operating privilege is suspended22755
immediately, that the suspension will last at least until the22756
person's initial appearance on the charge, which will be held22757
within five days after the date of the person's arrest or the22758
issuance of a citation to the person, and that the person may22759
appeal the suspension at the initial appearance or during the22760
period of time ending thirty days after that initial appearance;22761

       (b) Seize the driver's or commercial driver's license or22762
permit of the person and immediately forward it to the registrar.22763
If the arrested person is not in possession of the person's22764
license or permit or it is not in the person's vehicle, the22765
officer shall order the person to surrender it to the law22766
enforcement agency that employs the officer within twenty-four22767
hours after the person is given notice of the suspension, and,22768
upon the surrender, the officer's employing agency immediately22769
shall forward the license or permit to the registrar.22770

       (c) Verify the person's current residence and, if it differs22771
from that on the person's driver's or commercial driver's license22772
or permit, notify the registrar of the change;22773

       (d) Send to the registrar, within forty-eight hours after22774
the arrest of the person, a sworn report that includes all of the22775
following statements:22776

       (i) That the officer had reasonable grounds to believe that,22777
at the time of the arrest, the arrested person was operating a22778
vehicle, streetcar, or trackless trolley in violation of division22779
(A) or (B) of section 4511.19 of the Revised Code or a municipal22780
OVI ordinance or for being in physical control of a stationary22781
vehicle, streetcar, or trackless trolley in violation of section22782
4511.194 of the Revised Code;22783

       (ii) That the person was arrested and charged with a22784
violation of division (A) or (B) of section 4511.19 of the Revised22785
Code, section 4511.194 of the Revised Code, or a municipal OVI22786
ordinance;22787

       (iii) That the officer asked the person to take the22788
designated chemical test or tests, advised the person in22789
accordance with this section of the consequences of submitting to,22790
or refusing to take, the test or tests, and gave the person the22791
form described in division (B) of this section;22792

       (iv) That either the person refused to submit to the22793
chemical test or tests or, unless the arrest was for a violation22794
of section 4511.194 of the Revised Code, the person submitted to22795
the chemical test or tests and the test results indicate a22796
prohibited concentration of alcohol in the person's whole blood,22797
blood serum or plasma, breath, or urine at the time of the alleged22798
offense.22799

       (2) Division (D)(1) of this section does not apply to a22800
person who is arrested for a violation of section 4511.194 of the22801
Revised Code, who is asked by a law enforcement officer to submit22802
to a chemical test or tests under section 4511.191 of the Revised22803
Code, and who submits to the test or tests, regardless of the22804
amount of alcohol that the test results indicate is present in the22805
person's whole blood, blood serum or plasma, breath, or urine.22806

       (E) The arresting officer shall give the officer's sworn22807
report that is completed under this section to the arrested person22808
at the time of the arrest, or the registrar of motor vehicles22809
shall send the report to the person by regular first class mail as22810
soon as possible after receipt of the report, but not later than22811
fourteen days after receipt of it. An arresting officer may give22812
an unsworn report to the arrested person at the time of the arrest22813
provided the report is complete when given to the arrested person22814
and subsequently is sworn to by the arresting officer. As soon as22815
possible, but not later than forty-eight hours after the arrest of22816
the person, the arresting officer shall send a copy of the sworn22817
report to the court in which the arrested person is to appear on22818
the charge for which the person was arrested.22819

       (F) The sworn report of an arresting officer completed under22820
this section is prima-facie proof of the information and22821
statements that it contains. It shall be admitted and considered22822
as prima-facie proof of the information and statements that it22823
contains in any appeal under section 4511.197 of the Revised Code22824
relative to any suspension of a person's driver's or commercial22825
driver's license or permit or nonresident operating privilege that22826
results from the arrest covered by the report.22827

       Sec. 4511.193.  (A) Twenty-five dollars of any fine imposed22828
for a violation of a municipal OVI ordinance relating to operating22829
a vehicle while under the influence of alcohol, a drug of abuse,22830
or alcohol and a drug of abuse or relating to operating a vehicle22831
with a prohibited concentration of alcohol in the blood, breath,22832
or urine shall be deposited into the municipal or county indigent22833
drivers alcohol treatment fund created pursuant to division (N)(H)22834
of section 4511.191 of the Revised Code in accordance with this22835
section and section 733.40, divisions (A) and (B) of section22836
1901.024, division (F) of section 1901.31, or division (C) of22837
section 1907.20 of the Revised Code. Regardless of whether the22838
fine is imposed by a municipal court, a mayor's court, or a22839
juvenile court, if the fine was imposed for a violation of an22840
ordinance of a municipal corporation that is within the22841
jurisdiction of a municipal court, the twenty-five dollars that is22842
subject to this section shall be deposited into the indigent22843
drivers alcohol treatment fund of the municipal corporation in22844
which is located the municipal court that has jurisdiction over22845
that municipal corporation. Regardless of whether the fine is22846
imposed by a county court, a mayor's court, or a juvenile court,22847
if the fine was imposed for a violation of an ordinance of a22848
municipal corporation that is within the jurisdiction of a county22849
court, the twenty-five dollars that is subject to this section22850
shall be deposited into the indigent drivers alcohol treatment22851
fund of the county in which is located the county court that has22852
jurisdiction over that municipal corporation. The deposit shall22853
be made in accordance with section 733.40, divisions (A) and (B)22854
of section 1901.024, division (F) of section 1901.31, or division22855
(C) of section 1907.20 of the Revised Code.22856

       (B)(1) The requirements and sanctions imposed by divisions22857
(B)(1) and (2) of this section are an adjunct to and derive from22858
the state's exclusive authority over the registration and titling22859
of motor vehicles and do not comprise a part of the criminal22860
sentence to be imposed upon a person who violates a municipal OVI22861
ordinance relating to operating a vehicle while under the22862
influence of alcohol, a drug of abuse, or alcohol and a drug of22863
abuse or relating to operating a vehicle with a prohibited22864
concentration of alcohol in the blood, breath, or urine.22865

       (2)(a) The court shall follow division (B)(2)(b) of this22866
section ifIf a person is convicted of or pleads guilty to a22867
violation of a municipal OVI ordinance relating to operating a22868
vehicle while under the influence of alcohol, a drug of abuse, or22869
alcohol and a drug of abuse or relating to operating a vehicle22870
with a prohibited concentration of alcohol in the blood, breath,22871
or urine and if the circumstances described in division22872
(B)(2)(b)(iii) of this section apply or if, within the period of22873
time specified in division (B)(2) or (b)(i), (ii) (iii) of this22874
section, if the vehicle the offender was operating at the time of22875
the offense is registered in the offender's name, and if, within22876
six years of the current offense, the offender has been convicted22877
of or pleaded guilty to any violation of the following:22878

       (i) Sectionone or more violations of division (A) or (B) of22879
section 4511.19 of the Revised Code;22880

       (ii) A municipal ordinance relating to operating a vehicle22881
while under the influence of alcohol, a drug of abuse, or alcohol22882
and a drug of abuse;22883

       (iii) A municipal ordinance relating to operating a vehicle22884
with a prohibited concentration of alcohol in the blood, breath,22885
or urine;22886

       (iv) Section 2903.04 of the Revised Code in a case in which22887
the offender was subject to the sanctions described in division22888
(D) of that section;22889

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22890
section 2903.08 of the Revised Code or a municipal ordinance that22891
is substantially similar to either of those divisions;22892

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22893
division (A)(2) of section 2903.08, or former section 2903.07 of22894
the Revised Code, or a municipal ordinance that is substantially22895
similar to any of those divisions or that former section, in a22896
case in which the jury or judge found that the offender was under22897
the influence of alcohol, a drug of abuse, or alcohol and a drug22898
of abuse;22899

       (vii) A statute of the United States or of any other state22900
or a municipal ordinance of a municipal corporation located in any22901
other state that is substantially similar to division (A) or (B)22902
of section 4511.19 of the Revised Code.22903

       (b) If the circumstances described in division (B)(2)(a)(b)22904
of this section applyor one or more other equivalent offenses,22905
the court, in addition to and independent of any sentence that it22906
imposes upon the offender for the offense, regardless of whether22907
the vehicle the offender was operating at the time of the offense22908
is registered in the offender's name or in the name of another22909
person, and subject to section 4503.235 of the Revised Code, shall22910
do whichever of the following is applicable:22911

       (i)(a) Except as otherwise provided in division22912
(B)(2)(b)(iii) of this section, if, within six years of the22913
current offense, the offender has been convicted of or pleaded22914
guilty to one violation described in division (B)(2)(a) of this22915
section, the court shall order the immobilization for ninety days22916
of thethat vehicle the offender was operating at the time of the22917
offense and the impoundment for ninety days of the license plates22918
of that vehicle. The order for the immobilization and impoundment22919
shall be issued and enforced in accordance with section 4503.23322920
of the Revised Code.22921

       (ii)(b)(iii)(a)22922

       (iii)(b) If, within six years of the current offense, the22923
offender has been convicted of or pleaded guilty to two or more22924
violations described in division (B)(2)(a) of this section, or if22925
the offender previously has been convicted of or pleaded guilty to22926
a violation of division (A) of section 4511.19 of the Revised Code22927
under circumstances in which the violation was a felony and22928
regardless of when the violation and the conviction or guilty plea22929
occurred, the court shall order the criminal forfeiture to the22930
state of thethat vehicle the offender was operating at the time22931
of the offense The order of criminal forfeiture shall be issued22932
and enforced in accordance with section 4503.234 of the Revised22933
Code.22934

       Sec. 4511.194.  (A) As used in this section, "physical22935
control" means being in the driver's position of the front seat of22936
a vehicle or in the driver's position of a streetcar or trackless22937
trolley and having possession of the vehicle's, streetcar's, or22938
trackless trolley's ignition key or other ignition device.22939

       (B) No person shall be in physical control of a stationary22940
vehicle, streetcar, or trackless trolley while under the influence22941
of alcohol, a drug of abuse, or a combination of them or while the22942
person's whole blood, blood serum or plasma, breath, or urine22943
contains at least the concentration of alcohol specified in22944
division (A)(2), (3), (4), or (5) of section 4511.19 of the22945
Revised Code.22946

       (C) Whoever violates this section is guilty of having22947
physical control of a vehicle while under the influence, a22948
misdemeanor of the first degree. In addition to other sanctions22949
imposed, the court may impose on the offender a class seven22950
suspension of the offender's driver's license, commercial driver's22951
license, temporary instruction permit, probationary license, or22952
nonresident operating privilege from the range specified in22953
division (A)(7) of section 4510.02 of the Revised Code.22954

       Sec. 4511.195.  (A) As used in this section:22955

       (1) "Vehicle operator" means a person who is operating a22956
vehicle at the time it is seizedArrested person" means a person22957
who is arrested for a violation of division (A) of section 4511.1922958
of the Revised Code or a municipal OVI ordinance and whose arrest22959
results in a vehicle being seized under division (B) of this22960
section.22961

       (2) "Vehicle owner" means either of the following:22962

       (a) The person in whose name is registered, at the time of22963
the seizure, a vehicle that is seized under division (B) of this22964
section;22965

       (b) A person to whom the certificate of title to a vehicle22966
that is seized under division (B) of this section has been22967
assigned and who has not obtained a certificate of title to the22968
vehicle in that person's name, but who is deemed by the court as22969
being the owner of the vehicle at the time the vehicle was seized22970
under division (B) of this section.22971

       (3) "Municipal OMVI ordinance" means any municipal ordinance22972
prohibiting the operation of a vehicle while under the influence22973
of alcohol, a drug of abuse, or alcohol and a drug of abuse or22974
prohibiting the operation of a vehicle with a prohibited22975
concentration of alcohol in the blood, breath, or urine.22976

       (4) "Interested party" includes the owner of a vehicle22977
seized under this section, all lienholders, the defendantarrested22978
person, the owner of the place of storage at which a vehicle22979
seized under this section is stored, and the person or entity that22980
caused the vehicle to be removed.22981

       (B)(1) The arresting officer or another officer of the law22982
enforcement agency that employs the arresting officer, in addition22983
to any action that the arresting officer is required or authorized22984
to take by section 4511.19or 4511.191 of the Revised Code or by22985
any other provision of law, shall seize the vehicle that a person22986
was operating at the time of the alleged offense and its license22987
plates if the vehicle is registered in the arrested person's name22988
and if either of the following applyapplies:22989

       (a) The person is arrested for a violation of division (A)22990
of section 4511.19 of the Revised Code or of a municipal OMVIOVI22991
ordinance and, within six years of the alleged violation, the22992
person previously has been convicted of or pleaded guilty to one22993
or more violations of the following:22994

       (i) Divisiondivision (A) or (B) of section 4511.19 of the22995
Revised Code;22996

       (ii) A municipal OMVI ordinance;22997

       (iii) Section 2903.04 of the Revised Code in a case in which22998
the offender was subject to the sanctions described in division22999
(D) of that section;23000

       (iv) Division (A)(1) of section 2903.06 or division (A)(1)23001
of section 2903.08 of the Revised Code or a municipal ordinance23002
that is substantially similar to either of those divisions;23003

       (v) Division (A)(2), (3), or (4) of section 2903.06,23004
division (A)(2) of section 2903.08, or former section 2903.07 of23005
the Revised Code, or a municipal ordinance that is substantially23006
similar to any of those divisions or that former section, in a23007
case in which the jury or judge found that the offender was under23008
the influence of alcohol, a drug of abuse, or alcohol and a drug23009
of abuse;23010

       (vi) A statute of the United States or of any other state or23011
a municipal ordinance of a municipal corporation located in any23012
other state that is substantially similar to division (A) or (B)23013
of section 4511.19 of the Revised Codeor one or more other23014
equivalent offenses.23015

       (b) The person is arrested for a violation of division (A)23016
of section 4511.19 of the Revised Code or of a municipal OMVIOVI23017
ordinance and the person previously has been convicted of or23018
pleaded guilty to a violation of division (A) of section 4511.1923019
of the Revised Code under circumstances in which the violation was23020
a felony, regardless of when the prior felony violation of23021
division (A) of section 4511.19 of the Revised Code and the23022
conviction or guilty plea occurred.23023

       (2) Except as otherwise provided in division (B) of this23024
section, the officer making an arrest of the type described in23025
division (B)(1) of this section shall seize the vehicle and its23026
license plates regardless of whether the vehicle is registered in23027
the name of the person who was operating it or in the name of23028
another person or entity. This section does not apply to or23029
affect any rented or leased vehicle that is being rented or leased23030
for a period of thirty days or less, except that aA law23031
enforcement agency that employs a law enforcement officer who23032
makes an arrest of a type that is described in division (B)(1) of23033
this section and that involves a rented or leased vehicle of this23034
typethat is being rented or leased for a period of thirty days or23035
less shall notify, within twenty-four hours after the officer23036
makes the arrest, the lessor or owner of the vehicle regarding the23037
circumstances of the arrest and the location at which the vehicle23038
may be picked up. At the time of the seizure of the vehicle, the23039
law enforcement officer who made the arrest shall give the vehicle23040
operatorarrested person written notice that the vehicle and its23041
license plates have been seized; that the vehicle either will be23042
kept by the officer's law enforcement agency or will be23043
immobilized at least until the operator's initial appearance on23044
the charge of the offense for which the arrest was made; that, at23045
the initial appearance, the court in certain circumstances may23046
order that the vehicle and license plates be released to the23047
vehicle ownerarrested person until the disposition of that23048
charge; and that, if the vehicle operatorarrested person is23049
convicted of that charge, the court generally must order the23050
immobilization of the vehicle and the impoundment of its license23051
plates, or the forfeiture of the vehicle; and that, if the23052
operator is not the vehicle owner, the operator immediately should23053
inform the vehicle owner that the vehicle and its license plates23054
have been seized and that the vehicle owner may be able to obtain23055
their return or release at the initial appearance or thereafter.23056

       (3) The arresting officer or a law enforcement officer of23057
the agency that employs the arresting officer shall give written23058
notice of the seizure to the court that will conduct the initial23059
appearance of the vehicle operator. The notice shall be given23060
when the charges are filed against the vehicle operatorarrested23061
person on the charges arising out of the arrest. Upon receipt of23062
the notice, the court promptly shall determine whether the vehicle23063
operatorarrested person is the vehicle owner and whether there23064
are any liens recorded on the certificate of title to the vehicle.23065
If the court determines that the vehicle operatorarrested person23066
is not the vehicle owner, it promptly shall send by regular mail23067
written notice of the seizure of the motor vehicle to the vehicle23068
vehicle's registered owner and to all lienholders recorded on the23069
certificate of title. The written notice to the vehicle owner and23070
lienholders shall contain all of the information required by23071
division (B)(2) of this section to be in a notice to be given to23072
the vehicle operatorarrested person and also shall specify the23073
date, time, and place of the vehicle operator'sarrested person's23074
initial appearance. The notice also shall inform the vehicle23075
owner that if title to a motor vehicle that is subject to an order23076
for criminal forfeiture under this section is assigned or23077
transferred and division (C)(B)(2) or (3) of section 4503.234 of23078
the Revised Code applies, the court may fine the vehicle operator23079
arrested person the value of the vehicle. The notice to the23080
vehicle owner also shall state that if the vehicle is immobilized23081
under division (A) of section 4503.233 of the Revised Code, seven23082
days after the end of the period of immobilization a law23083
enforcement agency will send the vehicle owner a notice, informing23084
the vehicle owner that if the release of the vehicle is not23085
obtained in accordance with division (D)(3) of section 4503.233 of23086
the Revised Code, the vehicle shall be forfeited. The notice also23087
shall inform the vehicle owner that the vehicle owner may be23088
charged expenses or charges incurred under this section and23089
section 4503.233 of the Revised Code for the removal and storage23090
of the vehicle.23091

       The written notice that is given to the vehicle operator or23092
is sent or delivered to the vehicle owner if the vehicle owner is23093
not the vehicle operatorarrested person also shall state that if23094
the vehicle operator pleads guilty to orperson is convicted of or23095
pleads guilty to the offense for which the vehicle operator was23096
arrested and the court issues an immobilization and impoundment23097
order relative to that vehicle, division (D)(4) of section23098
4503.233 of the Revised Code prohibits the vehicle from being sold23099
during the period of immobilization without the prior approval of23100
the court.23101

       (4) At or before the initial appearance, the vehicle owner23102
may file a motion requesting the court to order that the vehicle23103
and its license plates be released to the vehicle owner. Except23104
as provided in this division and subject to the payment of23105
expenses or charges incurred in the removal and storage of the23106
vehicle, the court, in its discretion, then may issue an order23107
releasing the vehicle and its license plates to the vehicle owner.23108
Such an order may be conditioned upon such terms as the court23109
determines appropriate, including the posting of a bond in an23110
amount determined by the court. If the vehicle operatorarrested23111
person is not the vehicle owner and if the vehicle owner is not23112
present at the vehicle operator'sarrested person's initial23113
appearance, and if the court believes that the vehicle owner was23114
not provided with adequate notice of the initial appearance, the23115
court, in its discretion, may allow the vehicle owner to file a23116
motion within seven days of the initial appearance. If the court23117
allows the vehicle owner to file such a motion after the initial23118
appearance, the extension of time granted by the court does not23119
extend the time within which the initial appearance is to be23120
conducted. If the court issues an order for the release of the23121
vehicle and its license plates, a copy of the order shall be made23122
available to the vehicle owner. If the vehicle owner presents a23123
copy of the order to the law enforcement agency that employs the23124
law enforcement officer who arrested the arrested person who was23125
operating the vehicle, the law enforcement agency promptly shall23126
release the vehicle and its license plates to the vehicle owner23127
upon payment by the vehicle owner of any expenses or charges23128
incurred in the removal and storage of the vehicle.23129

       (5) A vehicle seized under division (B)(1) of this section23130
either shall be towed to a place specified by the law enforcement23131
agency that employs the arresting officer to be safely kept by the23132
agency at that place for the time and in the manner specified in23133
this section or shall be otherwise immobilized for the time and in23134
the manner specified in this section. A law enforcement officer23135
of that agency shall remove the identification license plates of23136
the vehicle, and they shall be safely kept by the agency for the23137
time and in the manner specified in this section. No vehicle that23138
is seized and either towed or immobilized pursuant to this23139
division shall be considered contraband for purposes of section23140
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle23141
shall not be immobilized at any place other than a commercially23142
operated private storage lot, a place owned by a law enforcement23143
agency or other government agency, or a place to which one of the23144
following applies:23145

       (a) The place is leased by or otherwise under the control of23146
a law enforcement agency or other government agency.23147

       (b) The place is owned by the vehicle operator, the vehicle23148
operator's spouse, or a parent or child of the vehicle operator.23149

       (c) The place is owned by a private person or entity, and,23150
prior to the immobilization, the private entity or person that23151
owns the place, or the authorized agent of that private entity or23152
person, has given express written consent for the immobilization23153
to be carried out at that place.23154

       (d) The place is a street or highway on which the vehicle is23155
parked in accordance with the law.23156

       (C)(1) A vehicle that is seized under division (B) of this23157
section shall be safely kept at the place to which it is towed or23158
otherwise moved by the law enforcement agency that employs the23159
arresting officer until the initial appearance of the vehicle23160
operatorarrested person relative to the charge in question. The23161
license plates of the vehicle that are removed pursuant to23162
division (B) of this section shall be safely kept by the law23163
enforcement agency that employs the arresting officer until the23164
initial appearance of the vehicle operatorarrested person23165
relative to the charge in question.23166

       (2)(a) At the initial appearance or not less than seven days23167
prior to the date of final disposition, the court shall notify the23168
vehicle operator, if the vehicle operator is the vehicle owner,23169
arrested person that, if title to a motor vehicle that is subject23170
to an order for criminal forfeiture under this section is assigned23171
or transferred and division (C)(B)(2) or (3) of section 4503.23423172
of the Revised Code applies, the court may fine the vehicle23173
operatorarrested person the value of the vehicle. If, at the23174
initial appearance, the vehicle operatorarrested person pleads23175
guilty to the violation of division (A) of section 4511.19 of the23176
Revised Code or of the municipal OMVIOVI ordinance or pleads no23177
contest to and is convicted of the violation, the court shall23178
impose sentence upon the vehicle operatorperson as provided by23179
law or ordinance; the court, except as provided in this division23180
and subject to section 4503.235 of the Revised Code, shall order23181
the immobilization of the vehicle the arrested person was23182
operating at the time of the offense if registered in the arrested23183
person's name and the impoundment of its license plates under23184
section 4503.233 and section 4511.19or 4511.193 or 4511.99 of the23185
Revised Code, or the criminal forfeiture to the state of the23186
vehicle if registered in the arrested person's name under section23187
4503.234 and section 4511.19or 4511.193 or 4511.99 of the Revised23188
Code, whichever is applicable; and the vehicle and its license23189
plates shall not be returned or released to the vehicle owner. If23190
the vehicle operator is not the vehicle owner and the vehicle23191
owner is not present at the vehicle operator's initial appearance23192
and if the court believes that the vehicle owner was not provided23193
adequate notice of the initial appearance, the court, in its23194
discretion, may refrain for a period of time not exceeding seven23195
days from ordering the immobilization of the vehicle and the23196
impoundment of its license plates, or the criminal forfeiture of23197
the vehicle so that the vehicle owner may appear before the court23198
to present evidence as to why the court should not order the23199
immobilization of the vehicle and the impoundment of its license23200
plates, or the criminal forfeiture of the vehicle. If the court23201
refrains from ordering the immobilization of the vehicle and the23202
impoundment of its license plates, or the criminal forfeiture of23203
the vehicle, section 4503.235 of the Revised Code applies relative23204
to the order of immobilization and impoundment, or the order of23205
forfeiturearrested person.23206

       (b) If, at any time, the charge that the vehicle operator23207
arrested person violated division (A) of section 4511.19 of the23208
Revised Code or the municipal OMVIOVI ordinance is dismissed for23209
any reason, the court shall order that the vehicle seized at the23210
time of the arrest and its license plates immediately be released23211
to the vehicle owner subject to the payment of expenses or charges23212
incurred in the removal and storage of the vehicleperson.23213

       (D) If a vehicle isand its license plates are seized under23214
division (B) of this section and isare not returned or released23215
to the vehicle ownerarrested person pursuant to division (C) of23216
this section, the vehicle orand its license plates shall be23217
retained until the final disposition of the charge in question.23218
Upon the final disposition of that charge, the court shall do23219
whichever of the following is applicable:23220

       (1) If the vehicle operatorarrested person is convicted of23221
or pleads guilty to the violation of division (A) of section23222
4511.19 of the Revised Code or of the municipal OMVIOVI23223
ordinance, the court shall impose sentence upon the vehicle23224
operatorperson as provided by law or ordinance and, subject to23225
section 4503.235 of the Revised Code, shall order the23226
immobilization of the vehicle the vehicle operatorperson was23227
operating at the time of, or that was involved in, the offense if23228
it is registered in the arrested person's name and the impoundment23229
of its license plates under section 4503.233 and section 4511.1923230
or 4511.193 or 4511.99 of the Revised Code, or the criminal23231
forfeiture of the vehicle if it is registered in the arrested23232
person's name under section 4503.234 and section 4511.19or23233
4511.193 or 4511.99 of the Revised Code, whichever is applicable.23234

       (2) If the vehicle operatorarrested person is found not23235
guilty of the violation of division (A) of section 4511.19 of the23236
Revised Code or of the municipal OMVIOVI ordinance, the court23237
shall order that the vehicle and its license plates immediately be23238
released to the vehicle owner upon the payment of any expenses or23239
charges incurred in its removal and storagearrested person.23240

       (3) If the charge that the vehicle operatorarrested person23241
violated division (A) of section 4511.19 of the Revised Code or23242
the municipal OMVIOVI ordinance is dismissed for any reason, the23243
court shall order that the vehicle and its license plates23244
immediately be released to the vehicle owner upon the payment of23245
any expenses or charges incurred in its removal and storage23246
arrested person.23247

       (4)If the impoundment of the vehicle was not authorized23248
under this section, the court shall order that the vehicle and its23249
license plates be returned immediately to the arrested person or,23250
if the arrested person is not the vehicle owner, to the vehicle23251
owner, and shall order that the state or political subdivision of23252
the law enforcement agency served by the law enforcement officer23253
who seized the vehicle pay all expenses and charges incurred in23254
its removal and storage.23255

       (E) If a vehicle is seized under division (B) of this23256
section, the time between the seizure of the vehicle and either23257
its release to the vehicle ownerarrested person under division23258
(C) of this section or the issuance of an order of immobilization23259
of the vehicle under section 4503.233 of the Revised Code shall be23260
credited against the period of immobilization ordered by the23261
court.23262

       (F)(1) The vehicle ownerExcept as provided in division23263
(D)(4) of this section, the arrested person may be charged23264
expenses or charges incurred in the removal and storage of the23265
immobilized vehicle. The court with jurisdiction over the case,23266
after notice to all interested parties, including lienholders, and23267
after an opportunity for them to be heard, if the vehicle owner23268
fails to appear in person, without good cause, or if the court23269
finds that the vehicle ownerarrested person does not intend to23270
seek release of the vehicle at the end of the period of23271
immobilization under section 4503.233 of the Revised Code or that23272
the vehicle ownerarrested person is not or will not be able to23273
pay the expenses and charges incurred in its removal and storage,23274
may order that title to the vehicle be transferred, in order of23275
priority, first into the name of the person or entity that removed23276
it, next into the name of a lienholder, or lastly into the name of23277
the owner of the place of storage.23278

       Any lienholder that receives title under a court order shall23279
do so on the condition that it pay any expenses or charges23280
incurred in the vehicle's removal and storage. If the person or23281
entity that receives title to the vehicle is the person or entity23282
that removed it, the person or entity shall receive title on the23283
condition that it pay any lien on the vehicle. The court shall23284
not order that title be transferred to any person or entity other23285
than the owner of the place of storage if the person or entity23286
refuses to receive the title. Any person or entity that receives23287
title either may keep title to the vehicle or may dispose of the23288
vehicle in any legal manner that it considers appropriate,23289
including assignment of the certificate of title to the motor23290
vehicle to a salvage dealer or a scrap metal processing facility.23291
The person or entity shall not transfer the vehicle to the person23292
who is the vehicle's immediate previous owner.23293

       If the person or entity that receives title assigns the motor23294
vehicle to a salvage dealer or scrap metal processing facility,23295
the person or entity shall send the assigned certificate of title23296
to the motor vehicle to the clerk of the court of common pleas of23297
the county in which the salvage dealer or scrap metal processing23298
facility is located. The person or entity shall mark the face of23299
the certificate of title with the words "for destructionFOR23300
DESTRUCTION" and shall deliver a photocopy of the certificate of23301
title to the salvage dealer or scrap metal processing facility for23302
its records.23303

       (2) Whenever a court issues an order under division (F)(1)23304
of this section, the court also shall order removal of the license23305
plates from the vehicle and cause them to be sent to the registrar23306
of motor vehicles if they have not already been sent to the23307
registrar. Thereafter, no further proceedings shall take place23308
under this section or under section 4503.233 of the Revised Code.23309

       (3) Prior to initiating a proceeding under division (F)(1)23310
of this section, and upon payment of the fee under division (B) of23311
section 4505.14 of the Revised Code, any interested party may23312
cause a search to be made of the public records of the bureau of23313
motor vehicles or the clerk of the court of common pleas, to23314
ascertain the identity of any lienholder of the vehicle. The23315
initiating party shall furnish this information to the clerk of23316
the court with jurisdiction over the case, and the clerk shall23317
provide notice to the vehicle owner, the defendantarrested23318
person, any lienholder, and any other interested parties listed by23319
the initiating party, at the last known address supplied by the23320
initiating party, by certified mail or, at the option of the23321
initiating party, by personal service or ordinary mail.23322

       Sec. 4511.196.  (A) If a person is arrested for being in23323
physical control of a vehicle, streetcar, or trackless trolley in23324
violation of section 4511.194 of the Revised Code, or for23325
operating a vehicle while under the influence of alcohol, a drug23326
of abuse, or alcohol and a drug of abuse or for operating a23327
vehicle with a prohibited concentration of alcohol in the blood,23328
breath, or urine and, streetcar, or trackless trolley in violation23329
of division (A) or (B) of section 4511.19 of the Revised Code or a23330
municipal OVI ordinance, regardless of whether the person's23331
driver's or commercial driver's license or permit or nonresident23332
operating privilege is or is not suspended under division (E) or23333
(F) of section 4511.191 of the Revised Code, the person's initial23334
appearance on the charge resulting from the arrest shall be held23335
within five days of the person's arrest or the issuance of the23336
citation to the person.23337

       (B)(1) If a person is arrested as described in division (A)23338
of this section, if the person's driver's or commercial driver's23339
license or permit or nonresident operating privilege has been23340
suspended under division (E) or (F) of section 4511.191 of the23341
Revised Code in relation to that arrest, if the person appeals the23342
suspension in accordance with division (H)(1) of that section23343
4511.197of the Revised Code, and if the judge, magistrate, or23344
mayor terminates the suspension in accordance with division (H)(2)23345
of that section, the judge, magistrate, or mayor,at any time23346
prior to adjudication on the merits of the charge resulting from23347
the arrest, may impose a new suspension of the person's license,23348
permit, or nonresident operating privilege, notwithstanding the23349
termination of the suspension imposed under division (E) or (F) of23350
section 4511.191 of the Revised Code, if the judge, magistrate, or23351
mayor determines that the person's continued driving will be a23352
threat to public safety.23353

       (2) If a person is arrested as described in division (A) of23354
this section and if the person's driver's or commercial driver's23355
license or permit or nonresident operating privilege has not been23356
suspended under division (E) or (F) of section 4511.191 of the23357
Revised Code in relation to that arrest, the judge, magistrate, or23358
mayor,at any time prior to the adjudication on the merits of the23359
charge resulting from the arrest, may impose a suspension of the23360
person's license, permit, or nonresident operating privilege if23361
the judge, magistrate, or mayor determines that the person's23362
continued driving will be a threat to public safety.23363

       (C) A suspension of a person's driver's or commercial23364
driver's license or permit or nonresident operating privilege23365
under division (B)(1) or (2) of this section shall continue until23366
the complaint on the charge resulting from the arrest is23367
adjudicated on the merits. A court that imposes a suspension23368
under division (B)(2) of this section shall send the person's23369
driver's license or permit to the registrar of motor vehicles. If23370
the court possesses the driver's or commercial driver's license or23371
permit of a person in the category described in division (B)(2) of23372
this section and the court does not impose a suspension under that23373
division (B)(2) of this section, the court shall return the23374
license or permit to the person if the license or permit has not23375
otherwise been suspended or revokedcancelled.23376

       Any time during which the person serves a suspension of the23377
person's driver's or commercial driver's license or, permit, or23378
nonresident operating privilege that is imposed pursuant to23379
division (B)(1) or (2) of this section shall be credited against23380
any period of judicial suspension of the person's license, permit,23381
or nonresident operating privilege that is imposed pursuant to23382
under division (B)(G) of section 4507.164511.19 of the Revised23383
Code or under section 4510.07 of the Revised Code for a violation23384
of a municipal ordinance substantially equivalent to division (A)23385
of section 4511.19 of the Revised Code.23386

       (D) If a person is arrested and charged with a violation of23387
section 2903.08 of the Revised Code or a violation of section23388
2903.06 of the Revised Code that is a felony offense, the judge at23389
the person's initial appearance, preliminary hearing, or23390
arraignment may suspend the person's driver's or commercial23391
driver's license or permit or nonresident operating privilege if23392
the judge determines at any of those proceedings that the person's23393
continued driving will be a threat to public safety.23394

       TheA suspension that may be imposed pursuant tounder this23395
division shall continue until the indictment or information23396
alleging the violation specified in this division is adjudicated23397
on the merits. A court that imposes a suspension under this23398
division shall send the person's driver's or commercial driver's23399
license or permit to the registrar.23400

       Sec. 4511.197.  (A) If a person is arrested for operating a23401
vehicle, streetcar, or trackless trolley in violation of division23402
(A) or (B) of section 4511.19 of the Revised Code or a municipal23403
OVI ordinance or for being in physical control of a stationary23404
vehicle, streetcar, or trackless trolley in violation of section23405
4511.194 of the Revised Code and if the person's driver's or23406
commercial driver's license or permit or nonresident operating23407
privilege is suspended under section 4511.191 of the Revised Code,23408
the person may appeal the suspension at the person's initial23409
appearance on the charge resulting from the arrest or within the23410
period ending thirty days after the person's initial appearance on23411
that charge, in the court in which the person will appear on that23412
charge. If the person appeals the suspension, the appeal itself23413
does not stay the operation of the suspension. If the person23414
appeals the suspension, either the person or the registrar of23415
motor vehicles may request a continuance of the appeal and the23416
court may grant the continuance. The court also may continue the23417
appeal on its own motion. Neither the request for, nor the23418
granting of, a continuance stays the suspension that is the23419
subject of the appeal, unless the court specifically grants a23420
stay.23421

       (B) A person shall file an appeal under division (A) of this23422
section in the municipal court, county court, juvenile court,23423
mayor's court, or court of common pleas that has jurisdiction over23424
the charge in relation to which the person was arrested.23425

       (C) If a person appeals a suspension under division (A) of23426
this section, the scope of the appeal is limited to determining23427
whether one or more of the following conditions have not been met:23428

       (1) Whether the arresting law enforcement officer had23429
reasonable ground to believe the arrested person was operating a23430
vehicle, streetcar, or trackless trolley in violation of division23431
(A) or (B) of section 4511.19 of the Revised Code or a municipal23432
OVI ordinance or was in physical control of a stationary vehicle,23433
streetcar, or trackless trolley in violation of section 4511.19423434
of the Revised Code and whether the arrested person was in fact23435
placed under arrest;23436

       (2) Whether the law enforcement officer requested the23437
arrested person to submit to the chemical test or tests designated23438
pursuant to division (A) of section 4511.191 of the Revised Code;23439

       (3) Whether the arresting officer informed the arrested23440
person of the consequences of refusing to be tested or of23441
submitting to the test or tests;23442

       (4) Whichever of the following is applicable:23443

       (a) Whether the arrested person refused to submit to the23444
chemical test or tests requested by the officer;23445

       (b) Whether the arrest was for a violation of division (A)23446
or (B) of section 4511.19 of the Revised Code or a municipal OVI23447
ordinance and, if it was, whether the chemical test results23448
indicate that the arrested person's whole blood contained a23449
concentration of ten-hundredths of one per cent or more by weight23450
of alcohol, the person's blood serum or plasma contained a23451
concentration of twelve-hundredths of one per cent or more by23452
weight of alcohol, the person's breath contained a concentration23453
of ten-hundredths of one gram or more by weight of alcohol per two23454
hundred ten liters of the person's breath, or the person's urine23455
contained a concentration of fourteen-hundredths of one gram or23456
more by weight of alcohol per one hundred milliliters of the23457
person's urine at the time of the alleged offense.23458

       (D) A person who appeals a suspension under division (a) of23459
this section has the burden of proving, by a preponderance of the23460
evidence, that one or more of the conditions specified in division23461
(C) of this section has not been met. If, during the appeal, the23462
judge or magistrate of the court or the mayor of the mayor's court23463
determines that all of those conditions have been met, the judge,23464
magistrate, or mayor shall uphold the suspension, continue the23465
suspension, and notify the registrar of motor vehicles of the23466
decision on a form approved by the registrar. 23467

       Except as otherwise provided in this section, if a suspension23468
imposed under section 4511.191 of the Revised Code is upheld on23469
appeal or if the subject person does not appeal the suspension23470
under division (A) of this section, the suspension shall continue23471
until the complaint alleging the violation for which the person23472
was arrested and in relation to which the suspension was imposed23473
is adjudicated on the merits or terminated pursuant to law. If23474
the suspension was imposed under division (B)(1) of section23475
4511.191 of the Revised Code and it is continued under this23476
section, any subsequent finding that the person is not guilty of23477
the charge that resulted in the person being requested to take the23478
chemical test or tests under division (A) of section 4511.191 of23479
the Revised Code does not terminate or otherwise affect the23480
suspension. If the suspension was imposed under division (C) of23481
section 4511.191 of the Revised Code in relation to an alleged23482
misdemeanor violation of division (A) or (B) of section 4511.19 of23483
the Revised Code or of a municipal OVI ordinance and it is23484
continued under this section, the suspension shall terminate if,23485
for any reason, the person subsequently is found not guilty of the23486
charge that resulted in the person taking the chemical test or23487
tests.23488

       If, during the appeal, the judge or magistrate of the trial23489
court or the mayor of the mayor's court determines that one or23490
more of the conditions specified in division (C) of this section23491
have not been met, the judge, magistrate, or mayor shall terminate23492
the suspension, subject to the imposition of a new suspension23493
under division (B) of section 4511.196 of the Revised Code; shall23494
notify the registrar of motor vehicles of the decision on a form23495
approved by the registrar; and, except as provided in division (B)23496
of section 4511.196 of the Revised Code, shall order the registrar23497
to return the driver's or commercial driver's license or permit to23498
the person or to take any other measures that may be necessary, if23499
the license or permit was destroyed under section 4510.53 of the23500
Revised Code, to permit the person to obtain a replacement23501
driver's or commercial driver's license or permit from the23502
registrar or a deputy registrar in accordance with that section.23503
The court also shall issue to the person a court order, valid for23504
not more than ten days from the date of issuance, granting the23505
person operating privileges for that period.23506

       (E) Any person whose driver's or commercial driver's license23507
or permit or nonresident operating privilege has been suspended23508
pursuant to section 4511.191 of the Revised Code may file a23509
petition requesting limited driving privileges in the common pleas23510
court, municipal court, county court, mayor's court, or juvenile23511
court with jurisdiction over the related criminal or delinquency23512
case. The petition may be filed at any time subsequent to the23513
date on which the arresting law enforcement officer serves the23514
notice of suspension upon the arrested person but no later than23515
thirty days after the arrested person's initial appearance or23516
arraignment. Upon the making of the request, limited driving23517
privileges may be granted under sections 4510.021 and 4510.13 of23518
the Revised Code, regardless of whether the person appeals the23519
suspension under this section or appeals the decision of the court23520
on the appeal, and, if the person has so appealed the suspension23521
or decision, regardless of whether the matter has been heard or23522
decided by the court. The person shall pay the costs of the23523
proceeding, notify the registrar of the filing of the petition,23524
and send the registrar a copy of the petition.23525

       The court may not grant the person limited driving privileges23526
when prohibited by section 4510.13 or 4511.191 of the Revised23527
Code.23528

       (F) Any person whose driver's or commercial driver's license23529
or permit has been suspended under section 4511.19 of the Revised23530
Code or under section 4510.07 of the Revised Code for a conviction23531
of a municipal OVI offense and who desires to retain the license23532
or permit during the pendency of an appeal, at the time sentence23533
is pronounced, shall notify the court of record or mayor's court23534
that suspended the license or permit of the person's intention to23535
appeal. If the person so notifies the court, the court, mayor, or23536
clerk of the court shall retain the license or permit until the23537
appeal is perfected, and, if execution of sentence is stayed, the23538
license or permit shall be returned to the person to be held by23539
the person during the pendency of the appeal. If the appeal is23540
not perfected or is dismissed or terminated in an affirmance of23541
the conviction, then the license or permit shall be taken up by23542
the court, mayor, or clerk, at the time of putting the sentence23543
into execution, and the court shall proceed in the same manner as23544
if no appeal was taken.23545

       (G) Except as otherwise provided in this division, if a23546
person whose driver's or commercial driver's license or permit or23547
nonresident operating privilege was suspended under section23548
4511.191 of the Revised Code appeals the suspension under division23549
(A) of this section, the prosecuting attorney of the county in23550
which the arrest occurred shall represent the registrar of motor23551
vehicles in the appeal. If the arrest occurred within a municipal23552
corporation within the jurisdiction of the court in which the23553
appeal is conducted, the city director of law, village solicitor,23554
or other chief legal officer of that municipal corporation shall23555
represent the registrar. If the appeal is conducted in a23556
municipal court, the registrar shall be represented as provided in23557
section 1901.34 of the Revised Code. If the appeal is conducted23558
in a mayor's court, the city director of law, village solicitor,23559
or other chief legal officer of the municipal corporation that23560
operates that mayor's court shall represent the registrar. 23561

       (H) The court shall give information in writing of any23562
action taken under this section to the registrar of motor23563
vehicles.23564

       (I) When it finally has been determined under the procedures23565
of this section that a nonresident's privilege to operate a23566
vehicle within this state has been suspended, the registrar of23567
motor vehicles shall give information in writing of the action23568
taken to the motor vehicle administrator of the state of the23569
nonresident's residence and of any state in which the nonresident23570
has a license.23571

       Sec. 4511.20. (A) No person shall operate a vehicle,23572
trackless trolley, or streetcar on any street or highway in23573
willful or wanton disregard of the safety of persons or property.23574

       (B)Except as otherwise provided in this division, whoever23575
violates this section is guilty of a minor misdemeanor. If,23576
within one year of the offense, the offender previously has been23577
convicted of or pleaded guilty to one predicate motor vehicle or23578
traffic offense, whoever violates this section is guilty of a23579
misdemeanor of the fourth degree. If, within one year of the23580
offense, the offender previously has been convicted of two or more23581
predicate motor vehicle or traffic offenses, whoever violates this23582
section is guilty of a misdemeanor of the third degree.23583

       Sec. 4511.201. (A) No person shall operate a vehicle,23584
trackless trolley, or streetcar on any public or private property23585
other than streets or highways, in willful or wanton disregard of23586
the safety of persons or property.23587

       This section does not apply to the competitive operation of23588
vehicles on public or private property when the owner of such23589
property knowingly permits such operation thereon.23590

       (B)Except as otherwise provided in this division, whoever23591
violates this section is guilty of a minor misdemeanor. If,23592
within one year of the offense, the offender previously has been23593
convicted of or pleaded guilty to one predicate motor vehicle or23594
traffic offense, whoever violates this section is guilty of a23595
misdemeanor of the fourth degree. If, within one year of the23596
offense, the offender previously has been convicted of two or more23597
predicate motor vehicle or traffic offenses, whoever violates this23598
section is guilty of a misdemeanor of the third degree.23599

       Sec. 4511.202. (A) No person shall operate a motor vehicle,23600
trackless trolley, or streetcar on any street, highway, or23601
property open to the public for vehicular traffic without being in23602
reasonable control of the vehicle, trolley, or streetcar.23603

       (B)Whoever violates this section is guilty of operating a23604
motor vehicle without being in control of it, a minor misdemeanor.23605

       Sec. 4507.33.        Sec. 4511.203. (A) No person shall authorize or23606
knowingly permit a motor vehicle owned by himthe person or under23607
histhe person's control to be driven by any personanother if23608
eitherany of the following appliesapply:23609

       (A)(1) The offender knows or has reasonable cause to believe23610
should know that the other person has no legal right to drive the23611
motor vehicle;does not have a valid driver's or commercial23612
driver's license or permit or valid nonresident driving privileges23613
or that the license, permit, or privileges have been suspended or23614
canceled under Chapter 4510. or any other provision of the Revised23615
Code.23616

       (B)(2) The offender knows or has reasonable cause to believe23617
should know that the other person's act of driving the motor23618
vehicle would violate any prohibition contained in sections23619
4507.01 to 4507.39Chapter4509. of the Revised Code.23620

       (3)The offender knows or should know that the other person's23621
act of driving would violate section 4511.19 of the Revised Code23622
or any substantially equivalent municipal ordinance.23623

       (B) It shall be prima-facie evidence that the offender knows23624
or should know that the operator of the motor vehicle owned by the23625
offender or under the offender's control is in a category23626
described in division (A)(1), (2), or (3) of this section if23627
either of the following applies:23628

       (1) The offender and the operator of the motor vehicle23629
occupied the motor vehicle together at the time of the offense.23630

       (2) The offender and the operator of the motor vehicle23631
reside in the same household.23632

       (C) Whoever violates this section is guilty of wrongful23633
entrustment of a motor vehicle, a misdemeanor of the first degree.23634
In addition to the penalties imposed under Chapter 2929. of the23635
Revised Code, the court shall impose a class seven suspension of23636
the offender's driver's license, commercial driver's license,23637
temporary instruction permit, probationary license, or nonresident23638
operating privilege from the range specified in division (A)(7) of23639
section 4510.02 of the Revised Code, and, if the vehicle involved23640
in the offense is registered in the name of the offender, the23641
court shall order one of the following:23642

       (1) Except as otherwise provided in division (C)(2) or (3)23643
of this section, the court shall order, for thirty days, the23644
immobilization of the vehicle involved in the offense and the23645
impoundment of that vehicle's license plates. The order shall be23646
issued and enforced under section 4503.233 of the Revised Code.23647

       (2) If the offender previously has been convicted of or23648
pleaded guilty to one violation of this section or a substantially23649
equivalent municipal ordinance, the court shall order, for sixty23650
days, the immobilization of the vehicle involved in the offense23651
and the impoundment of that vehicle's license plates. The order23652
shall be issued and enforced under section 4503.233 of the Revised23653
Code.23654

       (3) If the offender previously has been convicted of or23655
pleaded guilty to two or more violations of this section or a23656
substantially equivalent municipal ordinance, the court shall23657
order the criminal forfeiture to the state of the vehicle involved23658
in the offense. The order shall be issued and enforced under23659
section 4503.234 of the Revised Code.23660

       If title to a motor vehicle that is subject to an order for23661
criminal forfeiture under this division is assigned or transferred23662
and division (B)(2) or (3) of section 4503.234 of the Revised Code23663
applies, in addition to or independent of any other penalty23664
established by law, the court may fine the offender the value of23665
the vehicle as determined by publications of the national auto23666
dealer's association. The proceeds from any fine imposed under23667
this division shall be distributed in accordance with division23668
(C)(2) of section 4503.234 of the Revised Code.23669

       (D) If a court orders the immobilization of a vehicle under23670
division (C) of this section, the court shall not release the23671
vehicle from the immobilization before the termination of the23672
period of immobilization ordered unless the court is presented23673
with current proof of financial responsibility with respect to23674
that vehicle.23675

       (E) If a court orders the criminal forfeiture of a vehicle23676
under division (C) of this section, upon receipt of the order from23677
the court, neither the registrar of motor vehicles nor any deputy23678
registrar shall accept any application for the registration or23679
transfer of registration of any motor vehicle owned or leased by23680
the person named in the order. The period of denial shall be five23681
years after the date the order is issued, unless, during that23682
five-year period, the court with jurisdiction of the offense that23683
resulted in the order terminates the forfeiture and notifies the23684
registrar of the termination. If the court terminates the23685
forfeiture and notifies the registrar, the registrar shall take23686
all necessary measures to permit the person to register a vehicle23687
owned or leased by the person or to transfer the registration of23688
the vehicle.23689

       (F) This section does not apply to motor vehicle rental23690
dealers or motor vehicle leasing dealers, as defined in section23691
4549.65 of the Revised Code.23692

       Sec. 4511.21.  (A) No person shall operate a motor vehicle,23693
trackless trolley, or streetcar at a speed greater or less than is23694
reasonable or proper, having due regard to the traffic, surface,23695
and width of the street or highway and any other conditions, and23696
no person shall drive any motor vehicle, trackless trolley, or23697
streetcar in and upon any street or highway at a greater speed23698
than will permit the person to bring it to a stop within the23699
assured clear distance ahead.23700

       (B) It is prima-facie lawful, in the absence of a lower23701
limit declared pursuant to this section by the director of23702
transportation or local authorities, for the operator of a motor23703
vehicle, trackless trolley, or streetcar to operate the same at a23704
speed not exceeding the following:23705

       (1)(a) Twenty miles per hour in school zones during school23706
recess and while children are going to or leaving school during23707
the opening or closing hours, and when twenty miles per hour23708
school speed limit signs are erected; except that, on23709
controlled-access highways and expressways, if the right-of-way23710
line fence has been erected without pedestrian opening, the speed23711
shall be governed by division (B)(4) of this section and on23712
freeways, if the right-of-way line fence has been erected without23713
pedestrian opening, the speed shall be governed by divisions23714
(B)(8) and (9) of this section. The end of every school zone may23715
be marked by a sign indicating the end of the zone. Nothing in23716
this section or in the manual and specifications for a uniform23717
system of traffic control devices shall be construed to require23718
school zones to be indicated by signs equipped with flashing or23719
other lights, or giving other special notice of the hours in which23720
the school zone speed limit is in effect.23721

       (b) As used in this section and in section 4511.212 of the23722
Revised Code, "school" means any school chartered under section23723
3301.16 of the Revised Code and any nonchartered school that23724
during the preceding year filed with the department of education23725
in compliance with rule 3301-35-08 of the Ohio Administrative23726
Code, a copy of the school's report for the parents of the23727
school's pupils certifying that the school meets Ohio minimum23728
standards for nonchartered, nontax-supported schools and presents23729
evidence of this filing to the jurisdiction from which it is23730
requesting the establishment of a school zone.23731

       (c) As used in this section, "school zone" means that23732
portion of a street or highway passing a school fronting upon the23733
street or highway that is encompassed by projecting the school23734
property lines to the fronting street or highway, and also23735
includes that portion of a state highway. Upon request from local23736
authorities for streets and highways under their jurisdiction and23737
that portion of a state highway under the jurisdiction of the23738
director of transportation, the director may extend the23739
traditional school zone boundaries. The distances in divisions23740
(B)(1)(c)(i), (ii), and (iii) of this section shall not exceed23741
three hundred feet per approach per direction and are bounded by23742
whichever of the following distances or combinations thereof the23743
director approves as most appropriate:23744

       (i) The distance encompassed by projecting the school23745
building lines normal to the fronting highway and extending a23746
distance of three hundred feet on each approach direction;23747

       (ii) The distance encompassed by projecting the school23748
property lines intersecting the fronting highway and extending a23749
distance of three hundred feet on each approach direction;23750

       (iii) The distance encompassed by the special marking of the23751
pavement for a principal school pupil crosswalk plus a distance of23752
three hundred feet on each approach direction of the highway.23753

       Nothing in this section shall be construed to invalidate the23754
director's initial action on August 9, 1976, establishing all23755
school zones at the traditional school zone boundaries defined by23756
projecting school property lines, except when those boundaries are23757
extended as provided in divisions (B)(1)(a) and (c) of this23758
section.23759

       (d) As used in this division, "crosswalk" has the meaning23760
given that term in division (LL)(2) of section 4511.01 of the23761
Revised Code.23762

       The director may, upon request by resolution of the23763
legislative authority of a municipal corporation, the board of23764
trustees of a township, or a county board of mental retardation23765
and developmental disabilities created pursuant to Chapter 5126.23766
of the Revised Code, and upon submission by the municipal23767
corporation, township, or county board of such engineering,23768
traffic, and other information as the director considers23769
necessary, designate a school zone on any portion of a state route23770
lying within the municipal corporation, lying within the23771
unincorporated territory of the township, or lying adjacent to the23772
property of a school that is operated by such county board, that23773
includes a crosswalk customarily used by children going to or23774
leaving a school during recess and opening and closing hours,23775
whenever the distance, as measured in a straight line, from the23776
school property line nearest the crosswalk to the nearest point of23777
the crosswalk is no more than one thousand three hundred twenty23778
feet. Such a school zone shall include the distance encompassed23779
by the crosswalk and extending three hundred feet on each approach23780
direction of the state route.23781

       (2) Twenty-five miles per hour in all other portions of a23782
municipal corporation, except on state routes outside business23783
districts, through highways outside business districts, and23784
alleys;23785

       (3) Thirty-five miles per hour on all state routes or23786
through highways within municipal corporations outside business23787
districts, except as provided in divisions (B)(4) and (6) of this23788
section;23789

       (4) Fifty miles per hour on controlled-access highways and23790
expressways within municipal corporations;23791

       (5) Fifty-five miles per hour on highways outside of23792
municipal corporations, other than freeways as provided in23793
division (B)(12) of this section;23794

       (6) Fifty miles per hour on state routes within municipal23795
corporations outside urban districts unless a lower prima-facie23796
speed is established as further provided in this section;23797

       (7) Fifteen miles per hour on all alleys within the23798
municipal corporation;23799

       (8) Fifty-five miles per hour at all times on freeways with23800
paved shoulders inside municipal corporations, other than freeways23801
as provided in division (B)(12) of this section;23802

       (9) Fifty-five miles per hour at all times on freeways23803
outside municipal corporations, other than freeways as provided in23804
division (B)(12) of this section;23805

       (10) Fifty-five miles per hour at all times on all portions23806
of freeways that are part of the interstate system and on all23807
portions of freeways that are not part of the interstate system,23808
but are built to the standards and specifications that are23809
applicable to freeways that are part of the interstate system for23810
operators of any motor vehicle weighing in excess of eight23811
thousand pounds empty weight and any noncommercial bus;23812

       (11) Fifty-five miles per hour for operators of any motor23813
vehicle weighing eight thousand pounds or less empty weight and23814
any commercial bus at all times on all portions of freeways that23815
are part of the interstate system and that had such a speed limit23816
established prior to October 1, 1995, and freeways that are not23817
part of the interstate system, but are built to the standards and23818
specifications that are applicable to freeways that are part of23819
the interstate system and that had such a speed limit established23820
prior to October 1, 1995, unless a higher speed limit is23821
established under division (L) of this section;23822

       (12) Sixty-five miles per hour for operators of any motor23823
vehicle weighing eight thousand pounds or less empty weight and23824
any commercial bus at all times on all portions of the following:23825

       (a) Freeways that are part of the interstate system and that23826
had such a speed limit established prior to October 1, 1995, and23827
freeways that are not part of the interstate system, but are built23828
to the standards and specifications that are applicable to23829
freeways that are part of the interstate system and that had such23830
a speed limit established prior to October 1, 1995;23831

       (b) Freeways that are part of the interstate system and23832
freeways that are not part of the interstate system but are built23833
to the standards and specifications that are applicable to23834
freeways that are part of the interstate system, and that had such23835
a speed limit established under division (L) of this section;23836

       (c) Rural, divided, multi-lane highways that are designated23837
as part of the national highway system under the "National Highway23838
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,23839
and that had such a speed limit established under division (M) of23840
this section.23841

       (C) It is prima-facie unlawful for any person to exceed any23842
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),23843
(6), and (7) of this section, or any declared pursuant to this23844
section by the director or local authorities and it is unlawful23845
for any person to exceed any of the speed limitations in division23846
(D) of this section. No person shall be convicted of more than23847
one violation of this section for the same conduct, although23848
violations of more than one provision of this section may be23849
charged in the alternative in a single affidavit.23850

       (D) No person shall operate a motor vehicle, trackless23851
trolley, or streetcar upon a street or highway as follows:23852

       (1) At a speed exceeding fifty-five miles per hour, except23853
upon a freeway as provided in division (B)(12) of this section;23854

       (2) At a speed exceeding sixty-five miles per hour upon a23855
freeway as provided in division (B)(12) of this section except as23856
otherwise provided in division (D)(3) of this section;23857

       (3) If a motor vehicle weighing in excess of eight thousand23858
pounds empty weight or a noncommercial bus as prescribed in23859
division (B)(10) of this section, at a speed exceeding fifty-five23860
miles per hour upon a freeway as provided in that division;23861

       (4) At a speed exceeding the posted speed limit upon a23862
freeway for which the director has determined and declared a speed23863
limit of not more than sixty-five miles per hour pursuant to23864
division (L)(2) or (M) of this section;23865

       (5) At a speed exceeding sixty-five miles per hour upon a23866
freeway for which such a speed limit has been established through23867
the operation of division (L)(3) of this section;23868

       (6) At a speed exceeding the posted speed limit upon a23869
freeway for which the director has determined and declared a speed23870
limit pursuant to division (I)(2) of this section.23871

       (E) In every charge of violation of this section the23872
affidavit and warrant shall specify the time, place, and speed at23873
which the defendant is alleged to have driven, and in charges made23874
in reliance upon division (C) of this section also the speed which23875
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit23876
declared pursuant to, this section declares is prima-facie lawful23877
at the time and place of such alleged violation, except that in23878
affidavits where a person is alleged to have driven at a greater23879
speed than will permit the person to bring the vehicle to a stop23880
within the assured clear distance ahead the affidavit and warrant23881
need not specify the speed at which the defendant is alleged to23882
have driven.23883

       (F) When a speed in excess of both a prima-facie limitation23884
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of23885
this section is alleged, the defendant shall be charged in a23886
single affidavit, alleging a single act, with a violation23887
indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7)23888
of this section, or of a limit declared pursuant to this section23889
by the director or local authorities, and of the limitation in23890
division (D)(1), (2), (3), (4), (5), or (6) of this section. If23891
the court finds a violation of division (B)(1)(a), (2), (3), (4),23892
(6), or (7) of, or a limit declared pursuant to, this section has23893
occurred, it shall enter a judgment of conviction under such23894
division and dismiss the charge under division (D)(1), (2), (3),23895
(4), (5), or (6) of this section. If it finds no violation of23896
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit23897
declared pursuant to, this section, it shall then consider whether23898
the evidence supports a conviction under division (D)(1), (2),23899
(3), (4), (5), or (6) of this section.23900

       (G) Points shall be assessed for violation of a limitation23901
under division (D) of this section only when the court finds the23902
violation involved a speed of five miles per hour or more in23903
excess of the posted speed limitin accordance with section23904
4510.036 of the Revised Code.23905

       (H) Whenever the director determines upon the basis of a23906
geometric and traffic characteristic study that any speed limit23907
set forth in divisions (B)(1)(a) to (D) of this section is greater23908
or less than is reasonable or safe under the conditions found to23909
exist at any portion of a street or highway under the jurisdiction23910
of the director, the director shall determine and declare a23911
reasonable and safe prima-facie speed limit, which shall be23912
effective when appropriate signs giving notice of it are erected23913
at the location.23914

       (I)(1) Except as provided in divisions (I)(2) and (K) of23915
this section, whenever local authorities determine upon the basis23916
of an engineering and traffic investigation that the speed23917
permitted by divisions (B)(1)(a) to (D) of this section, on any23918
part of a highway under their jurisdiction, is greater than is23919
reasonable and safe under the conditions found to exist at such23920
location, the local authorities may by resolution request the23921
director to determine and declare a reasonable and safe23922
prima-facie speed limit. Upon receipt of such request the23923
director may determine and declare a reasonable and safe23924
prima-facie speed limit at such location, and if the director does23925
so, then such declared speed limit shall become effective only23926
when appropriate signs giving notice thereof are erected at such23927
location by the local authorities. The director may withdraw the23928
declaration of a prima-facie speed limit whenever in the23929
director's opinion the altered prima-facie speed becomes23930
unreasonable. Upon such withdrawal, the declared prima-facie23931
speed shall become ineffective and the signs relating thereto23932
shall be immediately removed by the local authorities.23933

       (2) A local authority may determine on the basis of a23934
geometric and traffic characteristic study that the speed limit of23935
sixty-five miles per hour on a portion of a freeway under its23936
jurisdiction that was established through the operation of23937
division (L)(3) of this section is greater than is reasonable or23938
safe under the conditions found to exist at that portion of the23939
freeway. If the local authority makes such a determination, the23940
local authority by resolution may request the director to23941
determine and declare a reasonable and safe speed limit of not23942
less than fifty-five miles per hour for that portion of the23943
freeway. If the director takes such action, the declared speed23944
limit becomes effective only when appropriate signs giving notice23945
of it are erected at such location by the local authority.23946

       (J) Local authorities in their respective jurisdictions may23947
authorize by ordinance higher prima-facie speeds than those stated23948
in this section upon through highways, or upon highways or23949
portions thereof where there are no intersections, or between23950
widely spaced intersections, provided signs are erected giving23951
notice of the authorized speed, but local authorities shall not23952
modify or alter the basic rule set forth in division (A) of this23953
section or in any event authorize by ordinance a speed in excess23954
of fifty miles per hour.23955

       Alteration of prima-facie limits on state routes by local23956
authorities shall not be effective until the alteration has been23957
approved by the director. The director may withdraw approval of23958
any altered prima-facie speed limits whenever in the director's23959
opinion any altered prima-facie speed becomes unreasonable, and23960
upon such withdrawal, the altered prima-facie speed shall become23961
ineffective and the signs relating thereto shall be immediately23962
removed by the local authorities.23963

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of23964
this section, "unimproved highway" means a highway consisting of23965
any of the following:23966

       (a) Unimproved earth;23967

       (b) Unimproved graded and drained earth;23968

       (c) Gravel.23969

       (2) Except as otherwise provided in divisions (K)(4) and (5)23970
of this section, whenever a board of township trustees determines23971
upon the basis of an engineering and traffic investigation that23972
the speed permitted by division (B)(5) of this section on any part23973
of an unimproved highway under its jurisdiction and in the23974
unincorporated territory of the township is greater than is23975
reasonable or safe under the conditions found to exist at the23976
location, the board may by resolution declare a reasonable and23977
safe prima-facie speed limit of fifty-five but not less than23978
twenty-five miles per hour. An altered speed limit adopted by a23979
board of township trustees under this division becomes effective23980
when appropriate traffic control devices, as prescribed in section23981
4511.11 of the Revised Code, giving notice thereof are erected at23982
the location, which shall be no sooner than sixty days after23983
adoption of the resolution.23984

       (3)(a) Whenever, in the opinion of a board of township23985
trustees, any altered prima-facie speed limit established by the23986
board under this division becomes unreasonable, the board may23987
adopt a resolution withdrawing the altered prima-facie speed23988
limit. Upon the adoption of such a resolution, the altered23989
prima-facie speed limit becomes ineffective and the traffic23990
control devices relating thereto shall be immediately removed.23991

       (b) Whenever a highway ceases to be an unimproved highway23992
and the board has adopted an altered prima-facie speed limit23993
pursuant to division (K)(2) of this section, the board shall, by23994
resolution, withdraw the altered prima-facie speed limit as soon23995
as the highway ceases to be unimproved. Upon the adoption of such23996
a resolution, the altered prima-facie speed limit becomes23997
ineffective and the traffic control devices relating thereto shall23998
be immediately removed.23999

       (4)(a) If the boundary of two townships rests on the24000
centerline of an unimproved highway in unincorporated territory24001
and both townships have jurisdiction over the highway, neither of24002
the boards of township trustees of such townships may declare an24003
altered prima-facie speed limit pursuant to division (K)(2) of24004
this section on the part of the highway under their joint24005
jurisdiction unless the boards of township trustees of both of the24006
townships determine, upon the basis of an engineering and traffic24007
investigation, that the speed permitted by division (B)(5) of this24008
section is greater than is reasonable or safe under the conditions24009
found to exist at the location and both boards agree upon a24010
reasonable and safe prima-facie speed limit of less than24011
fifty-five but not less than twenty-five miles per hour for that24012
location. If both boards so agree, each shall follow the24013
procedure specified in division (K)(2) of this section for24014
altering the prima-facie speed limit on the highway. Except as24015
otherwise provided in division (K)(4)(b) of this section, no speed24016
limit altered pursuant to division (K)(4)(a) of this section may24017
be withdrawn unless the boards of township trustees of both24018
townships determine that the altered prima-facie speed limit24019
previously adopted becomes unreasonable and each board adopts a24020
resolution withdrawing the altered prima-facie speed limit24021
pursuant to the procedure specified in division (K)(3)(a) of this24022
section.24023

       (b) Whenever a highway described in division (K)(4)(a) of24024
this section ceases to be an unimproved highway and two boards of24025
township trustees have adopted an altered prima-facie speed limit24026
pursuant to division (K)(4)(a) of this section, both boards shall,24027
by resolution, withdraw the altered prima-facie speed limit as24028
soon as the highway ceases to be unimproved. Upon the adoption of24029
the resolution, the altered prima-facie speed limit becomes24030
ineffective and the traffic control devices relating thereto shall24031
be immediately removed.24032

       (5) As used in division (K)(5) of this section:24033

       (a) "Commercial subdivision" means any platted territory24034
outside the limits of a municipal corporation and fronting a24035
highway where, for a distance of three hundred feet or more, the24036
frontage is improved with buildings in use for commercial24037
purposes, or where the entire length of the highway is less than24038
three hundred feet long and the frontage is improved with24039
buildings in use for commercial purposes.24040

       (b) "Residential subdivision" means any platted territory24041
outside the limits of a municipal corporation and fronting a24042
highway, where, for a distance of three hundred feet or more, the24043
frontage is improved with residences or residences and buildings24044
in use for business, or where the entire length of the highway is24045
less than three hundred feet long and the frontage is improved24046
with residences or residences and buildings in use for business.24047

       Whenever a board of township trustees finds upon the basis of24048
an engineering and traffic investigation that the prima-facie24049
speed permitted by division (B)(5) of this section on any part of24050
a highway under its jurisdiction that is located in a commercial24051
or residential subdivision, except on highways or portions thereof24052
at the entrances to which vehicular traffic from the majority of24053
intersecting highways is required to yield the right-of-way to24054
vehicles on such highways in obedience to stop or yield signs or24055
traffic control signals, is greater than is reasonable and safe24056
under the conditions found to exist at the location, the board may24057
by resolution declare a reasonable and safe prima-facie speed24058
limit of less than fifty-five but not less than twenty-five miles24059
per hour at the location. An altered speed limit adopted by a24060
board of township trustees under this division shall become24061
effective when appropriate signs giving notice thereof are erected24062
at the location by the township. Whenever, in the opinion of a24063
board of township trustees, any altered prima-facie speed limit24064
established by it under this division becomes unreasonable, it may24065
adopt a resolution withdrawing the altered prima-facie speed, and24066
upon such withdrawal, the altered prima-facie speed shall become24067
ineffective, and the signs relating thereto shall be immediately24068
removed by the township.24069

       (L)(1) Within one hundred twenty days of the effective date24070
of this amendment, the director of transportation, based upon a24071
geometric and traffic characteristic study of a freeway that is24072
part of the interstate system or that is not part of the24073
interstate system, but is built to the standards and24074
specifications that are applicable to freeways that are part of24075
the interstate system, in consultation with the director of public24076
safety and, if applicable, the local authority having jurisdiction24077
over a portion of such freeway, may determine and declare that the24078
speed limit of less than sixty-five miles per hour established on24079
such freeway or portion of freeway either is reasonable and safe24080
or is less than that which is reasonable and safe.24081

       (2) If the established speed limit for such a freeway or24082
portion of freeway is determined to be less than that which is24083
reasonable and safe, the director of transportation, in24084
consultation with the director of public safety and, if24085
applicable, the local authority having jurisdiction over the24086
portion of freeway, shall determine and declare a reasonable and24087
safe speed limit of not more than sixty-five miles per hour for24088
that freeway or portion of freeway.24089

       The director of transportation or local authority having24090
jurisdiction over the freeway or portion of freeway shall erect24091
appropriate signs giving notice of the speed limit at such24092
location within one hundred fifty days of the effective date of24093
this amendment. Such speed limit becomes effective only when such24094
signs are erected at the location.24095

       (3) If, within one hundred twenty days of the effective date24096
of this amendment, the director of transportation does not make a24097
determination and declaration of a reasonable and safe speed limit24098
for a freeway or portion of freeway that is part of the interstate24099
system or that is not part of the interstate system, but is built24100
to the standards and specifications that are applicable to24101
freeways that are part of the interstate system and that has a24102
speed limit of less than sixty-five miles per hour, the speed24103
limit on that freeway or portion of a freeway shall be sixty-five24104
miles per hour. The director of transportation or local authority24105
having jurisdiction over the freeway or portion of the freeway24106
shall erect appropriate signs giving notice of the speed limit of24107
sixty-five miles per hour at such location within one hundred24108
fifty days of the effective date of this amendment. Such speed24109
limit becomes effective only when such signs are erected at the24110
location. A speed limit established through the operation of24111
division (L)(3) of this section is subject to reduction under24112
division (I)(2) of this section.24113

       (M) Within three hundred sixty days after the effective date24114
of this amendment, the director of transportation, based upon a24115
geometric and traffic characteristic study of a rural, divided,24116
multi-lane highway that has been designated as part of the24117
national highway system under the "National Highway System24118
Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103, in24119
consultation with the director of public safety and, if24120
applicable, the local authority having jurisdiction over a portion24121
of the highway, may determine and declare that the speed limit of24122
less than sixty-five miles per hour established on the highway or24123
portion of highway either is reasonable and safe or is less than24124
that which is reasonable and safe.24125

       If the established speed limit for the highway or portion of24126
highway is determined to be less than that which is reasonable and24127
safe, the director of transportation, in consultation with the24128
director of public safety and, if applicable, the local authority24129
having jurisdiction over the portion of highway, shall determine24130
and declare a reasonable and safe speed limit of not more than24131
sixty-five miles per hour for that highway or portion of highway. 24132
The director of transportation or local authority having24133
jurisdiction over the highway or portion of highway shall erect24134
appropriate signs giving notice of the speed limit at such24135
location within three hundred ninety days after the effective date24136
of this amendment. The speed limit becomes effective only when24137
such signs are erected at the location.24138

       (N) As used in this section:24139

       (1) "Interstate system" has the same meaning as in 2324140
U.S.C.A. 101.24141

       (2) "Commercial bus" means a motor vehicle designed for24142
carrying more than nine passengers and used for the transportation24143
of persons for compensation.24144

       (3) "Noncommercial bus" includes but is not limited to a24145
school bus or a motor vehicle operated solely for the24146
transportation of persons associated with a charitable or24147
nonprofit organization.24148

       (O)(1) A violation of any provision of this section is one24149
of the following:24150

       (a) Except as otherwise provided in divisions (O)(1)(b),24151
(1)(c), (2), and (3) of this section, a minor misdemeanor;24152

       (b) If, within one year of the offense, the offender24153
previously has been convicted of or pleaded guilty to two24154
violations of any provision of this section or of any provision of24155
a municipal ordinance that is substantially similar to any24156
provision of this section, a misdemeanor of the fourth degree;24157

       (c) If, within one year of the offense, the offender24158
previously has been convicted of or pleaded guilty to three or24159
more violations of any provision of this section or of any24160
provision of a municipal ordinance that is substantially similar24161
to any provision of this section, a misdemeanor of the third24162
degree;24163

       (2) If the offender has not previously been convicted of or24164
pleaded guilty to a violation of any provision of this section or24165
of any provision of a municipal ordinance that is substantially24166
similar to this section and operated a motor vehicle faster than24167
thirty-five miles an hour in a business district of a municipal24168
corporation, faster than fifty miles an hour in other portions of24169
a municipal corporation, or faster than thirty-five miles an hour24170
in a school zone during recess or while children are going to or24171
leaving school during the school's opening or closing hours, a24172
misdemeanor of the fourth degree.24173

       (3) Notwithstanding division (O)(1) of this section, if the24174
offender operated a motor vehicle in a construction zone where a24175
sign was then posted in accordance with section 4511.98 of the24176
Revised Code, the court, in addition to all other penalties24177
provided by law, shall impose upon the offender a fine of two24178
times the usual amount imposed for the violation. No court shall24179
impose a fine of two times the usual amount imposed for the24180
violation upon an offender if the offender alleges, in an24181
affidavit filed with the court prior to the offender's sentencing,24182
that the offender is indigent and is unable to pay the fine24183
imposed pursuant to this division and if the court determines that24184
the offender is an indigent person and unable to pay the fine.24185

       Sec. 4511.211.  (A) The owner of a private road or driveway24186
located in a private residential area containing twenty or more24187
dwelling units may establish a speed limit on the road or driveway24188
by complying with all of the following requirements:24189

       (1) The speed limit is not less than twenty-five miles per24190
hour and is indicated by a sign that is in a proper position, is24191
sufficiently legible to be seen by an ordinarily observant person,24192
and meets the specifications for the basic speed limit sign24193
included in the manual adopted by the department of transportation24194
pursuant to section 4511.09 of the Revised Code;24195

       (2) The owner has posted a sign at the entrance of the24196
private road or driveway that is in plain view and clearly informs24197
persons entering the road or driveway that they are entering24198
private property, a speed limit has been established for the road24199
or driveway, and the speed limit is enforceable by law enforcement24200
officers under state law.24201

       (B) No person shall operate a vehicle upon a private road or24202
driveway as provided in division (A) of this section at a speed24203
exceeding any speed limit established and posted pursuant to that24204
division.24205

       (C) When a speed limit is established and posted in24206
accordance with division (A) of this section, any law enforcement24207
officer may apprehend a person violating the speed limit of the24208
residential area by utilizing any of the means described in24209
section 4511.091 of the Revised Code or by any other accepted24210
method of determining the speed of a motor vehicle and may stop24211
and charge the person with exceeding the speed limit.24212

       (D) Points shall be assessed for violation of a speed limit24213
established and posted in accordance with division (A) of this24214
section only when the violation involves a speed of five miles per24215
hour or more in excess of the posted speed limitin accordance24216
with section 4510.036 of the Revised Code.24217

       (E) As used in this section:24218

       (1) "Owner" includes but is not limited to a person who24219
holds title to the real property in fee simple, a condominium24220
owners' association, a property owner's association, the board of24221
directors or trustees of a private community, and a nonprofit24222
corporation governing a private community.24223

       (2) "Private residential area containing twenty or more24224
dwelling units" does not include a Chautauqua assembly as defined24225
in section 4511.90 of the Revised Code.24226

       (F) A violation of division (B) of this section is one of24227
the following:24228

       (1) Except as otherwise provided in divisions (F)(2) and (3)24229
of this section, a minor misdemeanor;24230

       (2) If, within one year of the offense, the offender24231
previously has been convicted of or pleaded guilty to two24232
violations of division (B) of this section or of any municipal24233
ordinance that is substantially similar to division (B) of this24234
section, a misdemeanor of the fourth degree;24235

       (3) If, within one year of the offense, the offender24236
previously has been convicted of or pleaded guilty to three or24237
more violations of division (B) of this section or of any24238
municipal ordinance that is substantially similar to division (B)24239
of this section, a misdemeanor of the third degree.24240

       Sec. 4511.213.  (A) The driver of a motor vehicle, upon24241
approaching a stationary public safety vehicle that is displaying24242
a flashing red light, flashing combination red and white light,24243
oscillating or rotating red light, oscillating or rotating24244
combination red and white light, flashing blue light, flashing24245
combination blue and white light, oscillating or rotating blue24246
light, or oscillating or rotating combination blue and white24247
light, shall do either of the following:24248

       (1) If the driver of the motor vehicle is traveling on a24249
highway that consists of at least two lanes that carry traffic in24250
the same direction of travel as that of the driver's motor24251
vehicle, the driver shall proceed with due caution and, if24252
possible and with due regard to the road, weather, and traffic24253
conditions, shall change lanes into a lane that is not adjacent to24254
that of the stationary public safety vehicle.24255

       (2) If the driver is not traveling on a highway of a type24256
described in division (A)(1) of this section, or if the driver is24257
traveling on a highway of that type but it is not possible to24258
change lanes or if to do so would be unsafe, the driver shall24259
proceed with due caution, reduce the speed of the motor vehicle,24260
and maintain a safe speed for the road, weather, and traffic24261
conditions.24262

       (B) This section does not relieve the driver of a public24263
safety vehicle from the duty to drive with due regard for the24264
safety of all persons and property upon the highway.24265

       (C) No person shall fail to drive a motor vehicle in24266
compliance with division (A)(1) or (2) of this section when so24267
required by division (A) of this section.24268

       (D)(1) Except as otherwise provided in this division,24269
whoever violates this section is guilty of a minor misdemeanor.24270
If, within one year of the offense, the offender previously has24271
been convicted of or pleaded guilty to one predicate motor vehicle24272
or traffic offense, whoever violates this section is guilty of a24273
misdemeanor of the fourth degree. If, within one year of the24274
offense, the offender previously has been convicted of two or more24275
predicate motor vehicle or traffic offenses, whoever violates this24276
section is guilty of a misdemeanor of the third degree.24277

       (2) Notwithstanding section 2929.21 of the Revised Code,24278
upon a finding that a person operated a motor vehicle in violation24279
of division (C) of this section, the court, in addition to all24280
other penalties provided by law, shall impose a fine of two times24281
the usual amount imposed for the violation.24282

       (E) As used in this section, "public safety vehicle" has the24283
same meaning as in section 4511.01 of the Revised Code.24284

       Sec. 4511.22.  (A) No person shall stop or operate a24285
vehicle, trackless trolley, or street car at such a slow speed as24286
to impede or block the normal and reasonable movement of traffic,24287
except when stopping or reduced speed is necessary for safe24288
operation or to comply with law.24289

       (B) Whenever the director of transportation or local24290
authorities determine on the basis of an engineering and traffic24291
investigation that slow speeds on any part of a controlled-access24292
highway, expressway, or freeway consistently impede the normal and24293
reasonable movement of traffic, the director or such local24294
authority may declare a minimum speed limit below which no person24295
shall operate a motor vehicle, trackless trolley, or street car24296
except when necessary for safe operation or in compliance with24297
law. No minimum speed limit established hereunder shall be less24298
than thirty miles per hour, greater than fifty miles per hour, nor24299
effective until the provisions of section 4511.21 of the Revised24300
Code, relating to appropriate signs, have been fulfilled and local24301
authorities have obtained the approval of the director.24302

       (C)Except as otherwise provided in this division, whoever24303
violates this section is guilty of a minor misdemeanor. If,24304
within one year of the offense, the offender previously has been24305
convicted of or pleaded guilty to one predicate motor vehicle or24306
traffic offense, whoever violates this section is guilty of a24307
misdemeanor of the fourth degree. If, within one year of the24308
offense, the offender previously has been convicted of two or more24309
predicate motor vehicle or traffic offenses, whoever violates this24310
section is guilty of a misdemeanor of the third degree.24311

       Sec. 4511.23. (A) No person shall operate a vehicle,24312
trackless trolley, or streetcar over any bridge or other elevated24313
structure constituting a part of a highway at a speed which is24314
greater than the maximum speed that can be maintained with safety24315
to such bridge or structure, when such structure is posted with24316
signs as provided in this section.24317

       The department of transportation upon request from any local24318
authority shall, or upon its own initiative may, conduct an24319
investigation of any bridge or other elevated structure24320
constituting a part of a highway, and if it finds that such24321
structure cannot with safety withstand traffic traveling at the24322
speed otherwise permissible under sections 4511.01 to 4511.7824323
4511.85 and 4511.994511.98 of the Revised Code, the department24324
shall determine and declare the maximum speed of traffic which24325
such structure can withstand, and shall cause or permit suitable24326
signs stating such maximum speed to be erected and maintained at a24327
distance of at least one hundred feet before each end of such24328
structure.24329

       Upon the trial of any person charged with a violation of this24330
section, proof of said determination of the maximum speed by the24331
department and the existence of said signs shall constitute24332
prima-facie evidence of the maximum speed which can be maintained24333
with safety to such bridge or structure.24334

       (B)Except as otherwise provided in this division, whoever24335
violates this section is guilty of a minor misdemeanor. If,24336
within one year of the offense, the offender previously has been24337
convicted of or pleaded guilty to one predicate motor vehicle or24338
traffic offense, whoever violates this section is guilty of a24339
misdemeanor of the fourth degree. If, within one year of the24340
offense, the offender previously has been convicted of two or more24341
predicate motor vehicle or traffic offenses, whoever violates this24342
section is guilty of a misdemeanor of the third degree.24343

       Sec. 4511.25.  (A) Upon all roadways of sufficient width, a24344
vehicle or trackless trolley shall be driven upon the right half24345
of the roadway, except as follows:24346

       (1) When overtaking and passing another vehicle proceeding24347
in the same direction, or when making a left turn under the rules24348
governing such movements;24349

       (2) When an obstruction exists making it necessary to drive24350
to the left of the center of the highway; provided, any person so24351
doing shall yield the right of way to all vehicles traveling in24352
the proper direction upon the unobstructed portion of the highway24353
within such distance as to constitute an immediate hazard;24354

       (3) When driving upon a roadway divided into three or more24355
marked lanes for traffic under the rules applicable thereon;24356

       (4) When driving upon a roadway designated and posted with24357
signs for one-way traffic;24358

       (5) When otherwise directed by a police officer or traffic24359
control device.24360

       (B) Upon all roadways any vehicle or trackless trolley24361
proceeding at less than the normal speed of traffic at the time24362
and place and under the conditions then existing shall be driven24363
in the right-hand lane then available for traffic, or as close as24364
practicable to the right-hand curb or edge of the roadway, except24365
when overtaking and passing another vehicle or trackless trolley24366
proceeding in the same direction or when preparing for a left24367
turn.24368

       (C) Upon any roadway having four or more lanes for moving24369
traffic and providing for two-way movement of traffic, no vehicle24370
or trackless trolley shall be driven to the left of the center24371
line of the roadway, except when authorized by official traffic24372
control devices designating certain lanes to the left of the24373
center of the roadway for use by traffic not otherwise permitted24374
to use the lanes, or except as permitted under division (A)(2) of24375
this section.24376

       Division (C) of this sectionThis division shall not be24377
construed as prohibiting the crossing of the center line in making24378
a left turn into or from an alley, private road, or driveway.24379

       (D)Except as otherwise provided in this division, whoever24380
violates this section is guilty of a minor misdemeanor. If,24381
within one year of the offense, the offender previously has been24382
convicted of or pleaded guilty to one predicate motor vehicle or24383
traffic offense, whoever violates this section is guilty of a24384
misdemeanor of the fourth degree. If, within one year of the24385
offense, the offender previously has been convicted of two or more24386
predicate motor vehicle or traffic offenses, whoever violates this24387
section is guilty of a misdemeanor of the third degree.24388

       Sec. 4511.251.  (A) As used in this section and in sections24389
4507.021 and 4507.16section4510.036 of the Revised Code, "street24390
racing" means the operation of two or more vehicles from a point24391
side by side at accelerating speeds in a competitive attempt to24392
out-distance each other or the operation of one or more vehicles24393
over a common selected course, from the same point to the same24394
point, wherein timing is made of the participating vehicles24395
involving competitive accelerations or speeds. Persons rendering24396
assistance in any manner to such competitive use of vehicles shall24397
be equally charged as the participants. The operation of two or24398
more vehicles side by side either at speeds in excess of24399
prima-facie lawful speeds established by divisions (B)(1)(a) to24400
(B)(7) of section 4511.21 of the Revised Code or rapidly24401
accelerating from a common starting point to a speed in excess of24402
such prima-facie lawful speeds shall be prima-facie evidence of24403
street racing.24404

       (B) No person shall participate in street racing upon any24405
public road, street, or highway in this state.24406

       (C)Whoever violates this section is guilty of street racing,24407
a misdemeanor of the first degree. In addition to any other24408
sanctions, the court may impose a class seven suspension of the24409
offender's driver's license, commercial driver's license,24410
temporary instruction permit, probationary license, or nonresident24411
operating privilege from the range specified in division (A)(7) of24412
section 4510.02 of the Revised Code.24413

       Sec. 4511.26. (A) Operators of vehicles and trackless24414
trolleys proceeding in opposite directions shall pass each other24415
to the right, and upon roadways having width for not more than one24416
line of traffic in each direction, each operator shall give to the24417
other one-half of the main traveled portion of the roadway or as24418
nearly one-half as is reasonable possible.24419

       (B)Except as otherwise provided in this division, whoever24420
violates this section is guilty of a minor misdemeanor. If,24421
within one year of the offense, the offender previously has been24422
convicted of or pleaded guilty to one predicate motor vehicle or24423
traffic offense, whoever violates this section is guilty of a24424
misdemeanor of the fourth degree. If, within one year of the24425
offense, the offender previously has been convicted of two or more24426
predicate motor vehicle or traffic offenses, whoever violates this24427
section is guilty of a misdemeanor of the third degree.24428

       Sec. 4511.27. (A) The following rules govern the overtaking24429
and passing of vehicles or trackless trolleys proceeding in the24430
same direction:24431

       (A)(1) The operator of a vehicle or trackless trolley24432
overtaking another vehicle or trackless trolley proceeding in the24433
same direction shall, except as provided in division (C)(A)(3) of24434
this section, signal to the vehicle or trackless trolley to be24435
overtaken, shall pass to the left thereof at a safe distance, and24436
shall not again drive to the right side of the roadway until24437
safely clear of the overtaken vehicle or trackless trolley.24438

       (B)(2) Except when overtaking and passing on the right is24439
permitted, the operator of an overtaken vehicle shall give way to24440
the right in favor of the overtaking vehicle at the latter's24441
audible signal, and he shall not increase the speed of his vehicle24442
until completely passed by the overtaking vehicle.24443

       (C)(3) The operator of a vehicle or trackless trolley24444
overtaking and passing another vehicle or trackless trolley24445
proceeding in the same direction on a divided highway as defined24446
in section 4511.35 of the Revised Code, a limited access highway24447
as defined in section 5511.02 of the Revised Code, or a highway24448
with four or more traffic lanes, is not required to signal audibly24449
to the vehicle or trackless trolley being overtaken and passed.24450

       (B)Except as otherwise provided in this division, whoever24451
violates this section is guilty of a minor misdemeanor. If,24452
within one year of the offense, the offender previously has been24453
convicted of or pleaded guilty to one predicate motor vehicle or24454
traffic offense, whoever violates this section is guilty of a24455
misdemeanor of the fourth degree. If, within one year of the24456
offense, the offender previously has been convicted of two or more24457
predicate motor vehicle or traffic offenses, whoever violates this24458
section is guilty of a misdemeanor of the third degree.24459

       Sec. 4511.28.  (A) The driver of a vehicle or trackless24460
trolley may overtake and pass upon the right of another vehicle or24461
trackless trolley only under the following conditions:24462

       (1) When the vehicle or trackless trolley overtaken is24463
making or about to make a left turn;24464

       (2) Upon a roadway with unobstructed pavement of sufficient24465
width for two or more lines of vehicles moving lawfully in the24466
direction being traveled by the overtaking vehicle.24467

       (B) The driver of a vehicle or trackless trolley may24468
overtake and pass another vehicle or trackless trolley only under24469
conditions permitting such movement in safety. The movement shall24470
not be made by driving off the roadway.24471

       (C)Except as otherwise provided in this division, whoever24472
violates this section is guilty of a minor misdemeanor. If,24473
within one year of the offense, the offender previously has been24474
convicted of or pleaded guilty to one predicate motor vehicle or24475
traffic offense, whoever violates this section is guilty of a24476
misdemeanor of the fourth degree. If, within one year of the24477
offense, the offender previously has been convicted of two or more24478
predicate motor vehicle or traffic offenses, whoever violates this24479
section is guilty of a misdemeanor of the third degree.24480

       Sec. 4511.29. (A) No vehicle or trackless trolley shall be24481
driven to the left of the center of the roadway in overtaking and24482
passing traffic proceeding in the same direction, unless such left24483
side is clearly visible and is free of oncoming traffic for a24484
sufficient distance ahead to permit such overtaking and passing to24485
be completely made, without interfering with the safe operation of24486
any traffic approaching from the opposite direction or any traffic24487
overtaken. In every event the overtaking vehicle or trackless24488
trolley must return to an authorized lane of travel as soon as24489
practicable and in the event the passing movement involves the use24490
of a lane authorized for traffic approaching from the opposite24491
direction, before coming within two hundred feet of any24492
approaching vehicle.24493

       (B)Except as otherwise provided in this division, whoever24494
violates this section is guilty of a minor misdemeanor. If,24495
within one year of the offense, the offender previously has been24496
convicted of or pleaded guilty to one predicate motor vehicle or24497
traffic offense, whoever violates this section is guilty of a24498
misdemeanor of the fourth degree. If, within one year of the24499
offense, the offender previously has been convicted of two or more24500
predicate motor vehicle or traffic offenses, whoever violates this24501
section is guilty of a misdemeanor of the third degree.24502

       Sec. 4511.30. (A) No vehicle or trackless trolley shall be24503
driven upon the left side of the roadway under the following24504
conditions:24505

       (A)(1) When approaching the crest of a grade or upon a curve24506
in the highway, where the operator's view is obstructed within24507
such a distance as to create a hazard in the event traffic might24508
approach from the opposite direction;24509

       (B)(2) When the view is obstructed upon approaching within24510
one hundred feet of any bridge, viaduct, or tunnel;24511

       (C)(3) When approaching within one hundred feet of or24512
traversing any intersection or railroad grade crossing.24513

       (B) This section does not apply to vehicles or trackless24514
trolleys upon a one-way roadway, upon a roadway where traffic is24515
lawfully directed to be driven to the left side, or under the24516
conditions described in division (A)(2) of section 4511.25 of the24517
Revised Code.24518

       (C)Except as otherwise provided in this division, whoever24519
violates this section is guilty of a minor misdemeanor. If,24520
within one year of the offense, the offender previously has been24521
convicted of or pleaded guilty to one predicate motor vehicle or24522
traffic offense, whoever violates this section is guilty of a24523
misdemeanor of the fourth degree. If, within one year of the24524
offense, the offender previously has been convicted of two or more24525
predicate motor vehicle or traffic offenses, whoever violates this24526
section is guilty of a misdemeanor of the third degree.24527

       Sec. 4511.31. (A) The department of transportation may24528
determine those portions of any state highway where overtaking and24529
passing other traffic or driving to the left of the center or24530
center line of the roadway would be especially hazardous, and may,24531
by appropriate signs or markings on the highway, indicate the24532
beginning and end of such zones. When such signs or markings are24533
in place and clearly visible, every operator of a vehicle or24534
trackless trolley shall obey the directions thereofof the signs24535
or markings, notwithstanding the distances set out in section24536
4511.30 of the Revised Code.24537

       (B)Except as otherwise provided in this division, whoever24538
violates this section is guilty of a minor misdemeanor. If,24539
within one year of the offense, the offender previously has been24540
convicted of or pleaded guilty to one predicate motor vehicle or24541
traffic offense, whoever violates this section is guilty of a24542
misdemeanor of the fourth degree. If, within one year of the24543
offense, the offender previously has been convicted of two or more24544
predicate motor vehicle or traffic offenses, whoever violates this24545
section is guilty of a misdemeanor of the third degree.24546

       Sec. 4511.32. (A) The department of transportation may24547
designate any highway or any separate roadway under its24548
jurisdiction for one-way traffic and shall erect appropriate signs24549
giving notice thereof.24550

       Upon a roadway designated and posted with signs for one-way24551
traffic a vehicle shall be driven only in the direction24552
designated.24553

       A vehicle passing around a rotary traffic island shall be24554
driven only to the right of suchthe rotary traffic island.24555

       (B)Except as otherwise provided in this division, whoever24556
violates this section is guilty of a minor misdemeanor. If,24557
within one year of the offense, the offender previously has been24558
convicted of or pleaded guilty to one predicate motor vehicle or24559
traffic offense, whoever violates this section is guilty of a24560
misdemeanor of the fourth degree. If, within one year of the24561
offense, the offender previously has been convicted of two or more24562
predicate motor vehicle or traffic offenses, whoever violates this24563
section is guilty of a misdemeanor of the third degree.24564

       Sec. 4511.33. (A) Whenever any roadway has been divided24565
into two or more clearly marked lanes for traffic, or wherever24566
within municipal corporations traffic is lawfully moving in two or24567
more substantially continuous lines in the same direction, the24568
following rules apply:24569

       (A)(1) A vehicle or trackless trolley shall be driven, as24570
nearly as is practicable, entirely within a single lane or line of24571
traffic and shall not be moved from such lane or line until the24572
driver has first ascertained that such movement can be made with24573
safety.24574

       (B)(2) Upon a roadway which is divided into three lanes and24575
provides for two-way movement of traffic, a vehicle or trackless24576
trolley shall not be driven in the center lane except when24577
overtaking and passing another vehicle or trackless trolley where24578
the roadway is clearly visible and such center lane is clear of24579
traffic within a safe distance, or when preparing for a left turn,24580
or where such center lane is at the time allocated exclusively to24581
traffic moving in the direction the vehicle or trackless trolley24582
is proceeding and is posted with signs to give notice of such24583
allocation.24584

       (C)(3) Official signs may be erected directing specified24585
traffic to use a designated lane or designating those lanes to be24586
used by traffic moving in a particular direction regardless of the24587
center of the roadway, and drivers of vehicles and trackless24588
trolleys shall obey the directions of such signs.24589

       (D)(4) Official traffic control devices may be installed24590
prohibiting the changing of lanes on sections of roadway and24591
drivers of vehicles shall obey the directions of every such24592
device.24593

       (B)Except as otherwise provided in this division, whoever24594
violates this section is guilty of a minor misdemeanor. If,24595
within one year of the offense, the offender previously has been24596
convicted of or pleaded guilty to one predicate motor vehicle or24597
traffic offense, whoever violates this section is guilty of a24598
misdemeanor of the fourth degree. If, within one year of the24599
offense, the offender previously has been convicted of two or more24600
predicate motor vehicle or traffic offenses, whoever violates this24601
section is guilty of a misdemeanor of the third degree.24602

       Sec. 4511.34. (A) The operator of a motor vehicle,24603
streetcar, or trackless trolley shall not follow another vehicle,24604
streetcar, or trackless trolley more closely than is reasonable24605
and prudent, having due regard for the speed of such vehicle,24606
streetcar, or trackless trolley, and the traffic upon and the24607
condition of the highway.24608

       The driver of any truck, or motor vehicle drawing another24609
vehicle, when traveling upon a roadway outside a business or24610
residence district shall maintain a sufficient space, whenever24611
conditions permit, between such vehicle and another vehicle ahead24612
so an overtaking motor vehicle may enter and occupy such space24613
without danger. This paragraph does not prevent overtaking and24614
passing nor does it apply to any lane specially designated for use24615
by trucks.24616

       Outside a municipal corporation, the driver of any truck, or24617
motor vehicle when drawing another vehicle, while ascending to the24618
crest of a grade beyond which the driver's view of a roadway is24619
obstructed, shall not follow within three hundred feet of another24620
truck, or motor vehicle drawing another vehicle. This paragraph24621
shall not apply to any lane specially designated for use by24622
trucks.24623

       Motor vehicles being driven upon any roadway outside of a24624
business or residence district in a caravan or motorcade, shall24625
maintain a sufficient space between such vehicles so an overtaking24626
vehicle may enter and occupy such space without danger. This24627
paragraph shall not apply to funeral processions.24628

       (B)Except as otherwise provided in this division, whoever24629
violates this section is guilty of a minor misdemeanor. If,24630
within one year of the offense, the offender previously has been24631
convicted of or pleaded guilty to one predicate motor vehicle or24632
traffic offense, whoever violates this section is guilty of a24633
misdemeanor of the fourth degree. If, within one year of the24634
offense, the offender previously has been convicted of two or more24635
predicate motor vehicle or traffic offenses, whoever violates this24636
section is guilty of a misdemeanor of the third degree.24637

       Sec. 4511.35. (A) Whenever any highway has been divided24638
into two roadways by an intervening space, or by a physical24639
barrier, or clearly indicated dividing section so constructed as24640
to impede vehicular traffic, every vehicle shall be driven only24641
upon the right-hand roadway, and no vehicle shall be driven over,24642
across, or within any such dividing space, barrier, or section,24643
except through an opening, crossover, or intersection established24644
by public authority. This section does not prohibit the occupancy24645
of such dividing space, barrier, or section for the purpose of an24646
emergency stop or in compliance with an order of a police officer.24647

       (B)Except as otherwise provided in this division, whoever24648
violates this section is guilty of a minor misdemeanor. If,24649
within one year of the offense, the offender previously has been24650
convicted of or pleaded guilty to one predicate motor vehicle or24651
traffic offense, whoever violates this section is guilty of a24652
misdemeanor of the fourth degree. If, within one year of the24653
offense, the offender previously has been convicted of two or more24654
predicate motor vehicle or traffic offenses, whoever violates this24655
section is guilty of a misdemeanor of the third degree.24656

       Sec. 4511.36. (A) The driver of a vehicle intending to turn24657
at an intersection shall be governed by the following rules:24658

       (A)(1) Approach for a right turn and a right turn shall be24659
made as close as practicable to the right-hand curb or edge of the24660
roadway.24661

       (B)(2) At any intersection where traffic is permitted to24662
move in both directions on each roadway entering the intersection,24663
an approach for a left turn shall be made in that portion of the24664
right half of the roadway nearest the center line thereof and by24665
passing to the right of such center line where it enters the24666
intersection and after entering the intersection the left turn24667
shall be made so as to leave the intersection to the right of the24668
center line of the roadway being entered. Whenever practicable24669
the left turn shall be made in that portion of the intersection to24670
the left of the center of the intersection.24671

       (C)(3) At any intersection where traffic is restricted to24672
one direction on one or more of the roadways, the driver of a24673
vehicle intending to turn left at any such intersection shall24674
approach the intersection in the extreme left-hand lane lawfully24675
available to traffic moving in the direction of travel of such24676
vehicle, and after entering the intersection the left turn shall24677
be made so as to leave the intersection, as nearly as practicable,24678
in the left-hand lane of the roadway being entered lawfully24679
available to traffic moving in that lane.24680

       (B) The operator of a trackless trolley shall comply with24681
divisions (A)(1), (B)(2), and (C)(3) of this section wherever24682
practicable.24683

       (C) The department of transportation and local authorities24684
in their respective jurisdictions may cause markers, buttons, or24685
signs to be placed within or adjacent to intersections and thereby24686
require and direct that a different course from that specified in24687
this section be traveled by vehicles, streetcars, or trackless24688
trolleys, turning at an intersection, and when markers, buttons,24689
or signs are so placed, no operator of a vehicle, streetcar, or24690
trackless trolley shall turn such vehicle, streetcar, or trackless24691
trolley at an intersection other than as directed and required by24692
such markers, buttons, or signs.24693

       (D)Except as otherwise provided in this division, whoever24694
violates this section is guilty of a minor misdemeanor. If,24695
within one year of the offense, the offender previously has been24696
convicted of or pleaded guilty to one predicate motor vehicle or24697
traffic offense, whoever violates this section is guilty of a24698
misdemeanor of the fourth degree. If, within one year of the24699
offense, the offender previously has been convicted of two or more24700
predicate motor vehicle or traffic offenses, whoever violates this24701
section is guilty of a misdemeanor of the third degree.24702

       Sec. 4511.37.  (A) Except as provided in division (B) of24703
this section, no vehicle shall be turned so as to proceed in the24704
opposite direction upon any curve, or upon the approach to or near24705
the crest of a grade, if the vehicle cannot be seen within five24706
hundred feet by the driver of any other vehicle approaching from24707
either direction.24708

       (B) The driver of an emergency vehicle or public safety24709
vehicle, when responding to an emergency call, may turn the24710
vehicle so as to proceed in the opposite direction. This division24711
applies only when the emergency vehicle or public safety vehicle24712
is responding to an emergency call, is equipped with and24713
displaying at least one flashing, rotating, or oscillating light24714
visible under normal atmospheric conditions from a distance of24715
five hundred feet to the front of the vehicle, and when the driver24716
of the vehicle is giving an audible signal by siren, exhaust24717
whistle, or bell. This division does not relieve the driver of an24718
emergency vehicle or public safety vehicle from the duty to drive24719
with due regard for the safety of all persons and property upon24720
the highway.24721

       (C)Except as otherwise provided in this division, whoever24722
violates this section is guilty of a minor misdemeanor. If,24723
within one year of the offense, the offender previously has been24724
convicted of or pleaded guilty to one predicate motor vehicle or24725
traffic offense, whoever violates this section is guilty of a24726
misdemeanor of the fourth degree. If, within one year of the24727
offense, the offender previously has been convicted of two or more24728
predicate motor vehicle or traffic offenses, whoever violates this24729
section is guilty of a misdemeanor of the third degree.24730

       Sec. 4511.38. (A) No person shall start a vehicle,24731
streetcar, or trackless trolley which is stopped, standing, or24732
parked until such movement can be made with reasonable safety.24733

       Before backing, operators of vehicle, streetcars, or24734
trackless trolleys shall give ample warning, and while backing24735
they shall exercise vigilance not to injure person or property on24736
the street or highway.24737

       No person shall back a motor vehicle on a freeway, except: in24738
a rest area; in the performance of public works or official24739
duties; as a result of an emergency caused by an accident or24740
breakdown of a motor vehicle.24741

       (B)Except as otherwise provided in this division, whoever24742
violates this section is guilty of a minor misdemeanor. If,24743
within one year of the offense, the offender previously has been24744
convicted of or pleaded guilty to one predicate motor vehicle or24745
traffic offense, whoever violates this section is guilty of a24746
misdemeanor of the fourth degree. If, within one year of the24747
offense, the offender previously has been convicted of two or more24748
predicate motor vehicle or traffic offenses, whoever violates this24749
section is guilty of a misdemeanor of the third degree.24750

       Sec. 4511.39. (A) No person shall turn a vehicle or24751
trackless trolley or move right or left upon a highway unless and24752
until such person has exercised due care to ascertain that the24753
movement can be made with reasonable safety nor without giving an24754
appropriate signal in the manner hereinafter provided.24755

       When required, a signal of intention to turn or move right or24756
left shall be given continuously during not less than the last one24757
hundred feet traveled by the vehicle or trackless trolley before24758
turning.24759

       No person shall stop or suddenly decrease the speed of a24760
vehicle or trackless trolley without first giving an appropriate24761
signal in the manner provided herein to the driver of any vehicle24762
or trackless trolley immediately to the rear when there is24763
opportunity to give a signal.24764

       Any stop or turn signal required by this section shall be24765
given either by means of the hand and arm, or by signal lights24766
that clearly indicate to both approaching and following traffic24767
intention to turn or move right or left, except that any motor24768
vehicle in use on a highway shall be equipped with, and the24769
required signal shall be given by, signal lights when the distance24770
from the center of the top of the steering post to the left24771
outside limit of the body, cab, or load of such motor vehicle24772
exceeds twenty-four inches, or when the distance from the center24773
of the top of the steering post to the rear limit of the body or24774
load thereof exceeds fourteen feet, whether a single vehicle or a24775
combination of vehicles.24776

       The signal lights required by this section shall not be24777
flashed on one side only on a disabled vehicle or trackless24778
trolley, flashed as a courtesy or "do pass" signal to operators of24779
other vehicles or trackless trolleys approaching from the rear,24780
nor be flashed on one side only of a parked vehicle or trackless24781
trolley except as may be necessary for compliance with this24782
section.24783

       (B)Except as otherwise provided in this division, whoever24784
violates this section is guilty of a minor misdemeanor. If,24785
within one year of the offense, the offender previously has been24786
convicted of or pleaded guilty to one predicate motor vehicle or24787
traffic offense, whoever violates this section is guilty of a24788
misdemeanor of the fourth degree. If, within one year of the24789
offense, the offender previously has been convicted of two or more24790
predicate motor vehicle or traffic offenses, whoever violates this24791
section is guilty of a misdemeanor of the third degree.24792

       Sec. 4511.40.  (A) Except as provided in division (B) of24793
this section, all signals required by sections 4511.01 to 4511.7824794
of the Revised Code, when given by hand and arm, shall be given24795
from the left side of the vehicle in the following manner, and24796
such signals shall indicate as follows:24797

       (1) Left turn, hand and arm extended horizontally;24798

       (2) Right turn, hand and arm extended upward;24799

       (3) Stop or decrease speed, hand and arm extended downward.24800

       (B) As an alternative to division (A)(2) of this section, a24801
person operating a bicycle may give a right turn signal by24802
extending the right hand and arm horizontally and to the right24803
side of the bicycle.24804

       (C)Except as otherwise provided in this division, whoever24805
violates this section is guilty of a minor misdemeanor. If,24806
within one year of the offense, the offender previously has been24807
convicted of or pleaded guilty to one predicate motor vehicle or24808
traffic offense, whoever violates this section is guilty of a24809
misdemeanor of the fourth degree. If, within one year of the24810
offense, the offender previously has been convicted of two or more24811
predicate motor vehicle or traffic offenses, whoever violates this24812
section is guilty of a misdemeanor of the third degree.24813

       Sec. 4511.41.  (A) When two vehicles, including any24814
trackless trolley or streetcar, approach or enter an intersection24815
from different streets or highways at approximately the same time,24816
the driver of the vehicle on the left shall yield the right-of-way24817
to the vehicle on the right.24818

       (B) The right-of-way rule declared in division (A) of this24819
section is modified at through highways and otherwise as stated in24820
Chapter 4511. of the Revised Code.24821

       (C)Except as otherwise provided in this division, whoever24822
violates this section is guilty of a minor misdemeanor. If,24823
within one year of the offense, the offender previously has been24824
convicted of or pleaded guilty to one predicate motor vehicle or24825
traffic offense, whoever violates this section is guilty of a24826
misdemeanor of the fourth degree. If, within one year of the24827
offense, the offender previously has been convicted of two or more24828
predicate motor vehicle or traffic offenses, whoever violates this24829
section is guilty of a misdemeanor of the third degree.24830

       Sec. 4511.42. (A) The operator of a vehicle, streetcar, or24831
trackless trolley intending to turn to the left within an24832
intersection or into an alley, private road, or driveway shall24833
yield the right of way to any vehicle, streetcar, or trackless24834
trolley approaching from the opposite direction, whenever the24835
approaching vehicle, streetcar, or trackless trolley is within the24836
intersection or so close to the intersection, alley, private road,24837
or driveway as to constitute an immediate hazard.24838

       (B)Except as otherwise provided in this division, whoever24839
violates this section is guilty of a minor misdemeanor. If,24840
within one year of the offense, the offender previously has been24841
convicted of or pleaded guilty to one predicate motor vehicle or24842
traffic offense, whoever violates this section is guilty of a24843
misdemeanor of the fourth degree. If, within one year of the24844
offense, the offender previously has been convicted of two or more24845
predicate motor vehicle or traffic offenses, whoever violates this24846
section is guilty of a misdemeanor of the third degree.24847

       Sec. 4511.43.  (A) Except when directed to proceed by a law24848
enforcement officer, every driver of a vehicle or trackless24849
trolley approaching a stop sign shall stop at a clearly marked24850
stop line, but if none, before entering the crosswalk on the near24851
side of the intersection, or, if none, then at the point nearest24852
the intersecting roadway where the driver has a view of24853
approaching traffic on the intersecting roadway before entering24854
it. After having stopped, the driver shall yield the right-of-way24855
to any vehicle in the intersection or approaching on another24856
roadway so closely as to constitute an immediate hazard during the24857
time the driver is moving across or within the intersection or24858
junction of roadways.24859

       (B) The driver of a vehicle or trackless trolley approaching24860
a yield sign shall slow down to a speed reasonable for the24861
existing conditions and, if required for safety to stop, shall24862
stop at a clearly marked stop line, but if none, before entering24863
the crosswalk on the near side of the intersection, or, if none,24864
then at the point nearest the intersecting roadway where the24865
driver has a view of approaching traffic on the intersecting24866
roadway before entering it. After slowing or stopping, the driver24867
shall yield the right-of-way to any vehicle or trackless trolley24868
in the intersection or approaching on another roadway so closely24869
as to constitute an immediate hazard during the time the driver is24870
moving across or within the intersection or junction of roadways.24871
Whenever a driver is involved in a collision with a vehicle or24872
trackless trolley in the intersection or junction of roadways,24873
after driving past a yield sign without stopping, the collision24874
shall be prima-facie evidence of the driver's failure to yield the24875
right-of-way.24876

       (C) Except as otherwise provided in this division, whoever24877
violates this section is guilty of a minor misdemeanor. If,24878
within one year of the offense, the offender previously has been24879
convicted of or pleaded guilty to one predicate motor vehicle or24880
traffic offense, whoever violates this section is guilty of a24881
misdemeanor of the fourth degree. If, within one year of the24882
offense, the offender previously has been convicted of two or more24883
predicate motor vehicle or traffic offenses, whoever violates this24884
section is guilty of a misdemeanor of the third degree.24885

       Sec. 4511.431. (A) The driver of a vehicle or trackless24886
trolley emerging from an alley, building, private road, or24887
driveway within a business or residence district shall stop the24888
vehicle or trackless trolley immediately prior to driving onto a24889
sidewalk or onto the sidewalk area extending across the alley,24890
building entrance, road, or driveway, or in the event there is no24891
sidewalk area, shall stop at the point nearest the street to be24892
entered where the driver has a view of approaching traffic24893
thereon.24894

       (B) Except as otherwise provided in this division, whoever24895
violates this section is guilty of a minor misdemeanor. If,24896
within one year of the offense, the offender previously has been24897
convicted of or pleaded guilty to one predicate motor vehicle or24898
traffic offense, whoever violates this section is guilty of a24899
misdemeanor of the fourth degree. If, within one year of the24900
offense, the offender previously has been convicted of two or more24901
predicate motor vehicle or traffic offenses, whoever violates this24902
section is guilty of a misdemeanor of the third degree.24903

       Sec. 4511.432.  (A) The owner of a private road or driveway24904
located in a private residential area containing twenty or more24905
dwelling units may erect stop signs at places where the road or24906
driveway intersects with another private road or driveway in the24907
residential area, in compliance with all of the following24908
requirements:24909

       (1) The stop sign is sufficiently legible to be seen by an24910
ordinarily observant person and meets the specifications of and is24911
placed in accordance with the manual adopted by the department of24912
transportation pursuant to section 4511.09 of the Revised Code;.24913

       (2) The owner has posted a sign at the entrance of the24914
private road or driveway that is in plain view and clearly informs24915
persons entering the road or driveway that they are entering24916
private property, stop signs have been posted and must be obeyed,24917
and the signs are enforceable by law enforcement officers under24918
state law. The sign required by division (A)(2) of this section,24919
where appropriate, may be incorporated with the sign required by24920
division (A)(2) of section 4511.211 of the Revised Code.24921

       (B) Division (A) of section 4511.43 and section 4511.46 of24922
the Revised Code shall be deemed to apply to the driver of a24923
vehicle on a private road or driveway where a stop sign is placed24924
in accordance with division (A) of this section and to a24925
pedestrian crossing such a road or driveway at an intersection24926
where a stop sign is in place.24927

       (C) When a stop sign is placed in accordance with division24928
(A) of this section, any law enforcement officer may apprehend a24929
person found violating the stop sign and may stop and charge the24930
person with violating the stop sign.24931

       (D) Except as otherwise provided in this division, whoever24932
violates this section is guilty of a minor misdemeanor. If,24933
within one year of the offense, the offender previously has been24934
convicted of or pleaded guilty to one predicate motor vehicle or24935
traffic offense, whoever violates this section is guilty of a24936
misdemeanor of the fourth degree. If, within one year of the24937
offense, the offender previously has been convicted of two or more24938
predicate motor vehicle or traffic offenses, whoever violates this24939
section is guilty of a misdemeanor of the third degree.24940

       (E) As used in this section, and for the purpose of applying24941
division (A) of section 4511.43 and section 4511.46 of the Revised24942
Code to conduct under this section:24943

       (1) "Intersection" means:24944

       (a) The area embraced within the prolongation or connection24945
of the lateral curb lines, or, if none, then the lateral boundary24946
lines of the roadways of two private roads or driveways which join24947
one another at, or approximately at, right angles, or the area24948
within which vehicles traveling upon different private roads or24949
driveways joining at any other angle may come in conflict.24950

       (b) Where a private road or driveway includes two roadways24951
thirty feet or more apart, then every crossing of two roadways of24952
such private roads or driveways shall be regarded as a separate24953
intersection.24954

       (2) "Roadway" means that portion of a private road or24955
driveway improved, designed, or ordinarily used for vehicular24956
travel, except the berm or shoulder. If a private road or24957
driveway includes two or more separate roadways, the term24958
"roadway" means any such roadway separately but not all such24959
roadways collectively.24960

       (3) "Owner" and "private residential area containing twenty24961
or more dwelling units" have the same meanings as in section24962
4511.211 of the Revised Code.24963

       Sec. 4511.44. (A) The operator of a vehicle, streetcar, or24964
trackless trolley about to enter or cross a highway from any place24965
other than another roadway shall yield the right of way to all24966
traffic approaching on the roadway to be entered or crossed.24967

       (B) Except as otherwise provided in this division, whoever24968
violates this section is guilty of a minor misdemeanor. If,24969
within one year of the offense, the offender previously has been24970
convicted of or pleaded guilty to one predicate motor vehicle or24971
traffic offense, whoever violates this section is guilty of a24972
misdemeanor of the fourth degree. If, within one year of the24973
offense, the offender previously has been convicted of two or more24974
predicate motor vehicle or traffic offenses, whoever violates this24975
section is guilty of a misdemeanor of the third degree.24976

       Sec. 4511.441. (A) The driver of a vehicle shall yield the24977
right-of-way to any pedestrian on a sidewalk.24978

       (B) Except as otherwise provided in this division, whoever24979
violates this section is guilty of a minor misdemeanor. If,24980
within one year of the offense, the offender previously has been24981
convicted of or pleaded guilty to one predicate motor vehicle or24982
traffic offense, whoever violates this section is guilty of a24983
misdemeanor of the fourth degree. If, within one year of the24984
offense, the offender previously has been convicted of two or more24985
predicate motor vehicle or traffic offenses, whoever violates this24986
section is guilty of a misdemeanor of the third degree.24987

       Sec. 4511.45.  (A)(1) Upon the approach of a public safety24988
vehicle or coroner's vehicle, equipped with at least one flashing,24989
rotating or oscillating light visible under normal atmospheric24990
conditions from a distance of five hundred feet to the front of24991
the vehicle and the driver is giving an audible signal by siren,24992
exhaust whistle, or bell, no driver of any other vehicle shall24993
fail to yield the right-of-way, immediately drive to a position24994
parallel to, and as close as possible to, the right edge or curb24995
of the highway clear of any intersection, and stop and remain in24996
that position until the public safety vehicle or coroner's vehicle24997
has passed, except when otherwise directed by a police officer.24998

       (2) Upon the approach of a public safety vehicle or24999
coroner's vehicle, as stated in division (A)(1) of this section,25000
no operator of any streetcar or trackless trolley shall fail to25001
immediately stop the streetcar or trackless trolley clear of any25002
intersection and keep it in that position until the public safety25003
vehicle or coroner's vehicle has passed, except when otherwise25004
directed by a police officer.25005

       (B) This section does not relieve the driver of a public25006
safety vehicle or coroner's vehicle from the duty to drive with25007
due regard for the safety of all persons and property upon the25008
highway.25009

       (C) This section applies to a coroner's vehicle only when25010
the vehicle is operated in accordance with section 4513.171 of the25011
Revised Code. As used in this section, "coroner's vehicle" means25012
a vehicle used by a coroner, deputy coroner, or coroner's25013
investigator that is equipped with a flashing, oscillating, or25014
rotating red or blue light and a siren, exhaust whistle, or bell25015
capable of giving an audible signal.25016

       (D)Except as otherwise provided in this division, whoever25017
violates division (A)(1) or (2) of this section is guilty of a25018
misdemeanor of the fourth degree on a first offense. On a second25019
offense within one year after the first offense, the person is25020
guilty of a misdemeanor of the third degree, and, on each25021
subsequent offense within one year after the first offense, the25022
person is guilty of a misdemeanor of the second degree.25023

       Sec. 4511.451. (A) As used in this section "funeral25024
procession" means two or more vehicles accompanying a body of a25025
deceased person in the daytime when each of such vehicles has its25026
headlights lighted and is displaying a purple and white pennant25027
attached to each vehicle in such a manner as to be clearly visible25028
to traffic approaching from any direction.25029

       (B) Excepting public safety vehicles proceeding in25030
accordance with section 4511.45 of the Revised Code or when25031
directed otherwise by a police officer, pedestrians and the25032
operators of all vehicles, street cars, and trackless trolleys25033
shall yield the right of way to each vehicle which is a part of a25034
funeral procession. Whenever the lead vehicle in a funeral25035
procession lawfully enters an intersection the remainder of the25036
vehicles in such procession may continue to follow such lead25037
vehicle through the intersection notwithstanding any traffic25038
control devices or right of way provisions of the Revised Code,25039
provided the operator of each vehicle exercises due care to avoid25040
colliding with any other vehicle or pedestrian upon the roadway.25041

       No person shall operate any vehicle as a part of a funeral25042
procession without having the headlights of such vehicle lighted25043
and without displaying a purple and white pennant in such a manner25044
as to be clearly visible to traffic approaching from any25045
direction.25046

       (C) Except as otherwise provided in this division, whoever25047
violates this section is guilty of a minor misdemeanor. If,25048
within one year of the offense, the offender previously has been25049
convicted of or pleaded guilty to one predicate motor vehicle or25050
traffic offense, whoever violates this section is guilty of a25051
misdemeanor of the fourth degree. If, within one year of the25052
offense, the offender previously has been convicted of two or more25053
predicate motor vehicle or traffic offenses, whoever violates this25054
section is guilty of a misdemeanor of the third degree.25055

       Sec. 4511.452.  (A) Upon the immediate approach of a public25056
safety vehicle, as stated in section 4511.45 of the Revised Code,25057
every pedestrian shall yield the right-of-way to the public safety25058
vehicle.25059

       (B) This section shall not relieve the driver of a public25060
safety vehicle from the duty to exercise due care to avoid25061
colliding with any pedestrian.25062

       (C) Except as otherwise provided in this division, whoever25063
violates this section is guilty of a minor misdemeanor. If,25064
within one year of the offense, the offender previously has been25065
convicted of or pleaded guilty to one predicate motor vehicle or25066
traffic offense, whoever violates this section is guilty of a25067
misdemeanor of the fourth degree. If, within one year of the25068
offense, the offender previously has been convicted of two or more25069
predicate motor vehicle or traffic offenses, whoever violates this25070
section is guilty of a misdemeanor of the third degree.25071

       Sec. 4511.46.  (A) When traffic control signals are not in25072
place, not in operation, or are not clearly assigning the25073
right-of-way, the driver of a vehicle, trackless trolley, or25074
streetcar shall yield the right of way, slowing down or stopping25075
if need be to so yield or if required by section 4511.132 of the25076
Revised Code, to a pedestrian crossing the roadway within a25077
crosswalk when the pedestrian is upon the half of the roadway upon25078
which the vehicle is traveling, or when the pedestrian is25079
approaching so closely from the opposite half of the roadway as to25080
be in danger.25081

       (B) No pedestrian shall suddenly leave a curb or other place25082
of safety and walk or run into the path of a vehicle, trackless25083
trolley, or streetcar which is so close as to constitute an25084
immediate hazard.25085

       (C) Division (A) of this section does not apply under the25086
conditions stated in division (B) of section 4511.48 of the25087
Revised Code.25088

       (D) Whenever any vehicle, trackless trolley, or streetcar is25089
stopped at a marked crosswalk or at any unmarked crosswalk at an25090
intersection to permit a pedestrian to cross the roadway, the25091
driver of any other vehicle, trackless trolley, or streetcar25092
approaching from the rear shall not overtake and pass the stopped25093
vehicle.25094

       (E) Except as otherwise provided in this division, whoever25095
violates this section is guilty of a minor misdemeanor. If,25096
within one year of the offense, the offender previously has been25097
convicted of or pleaded guilty to one predicate motor vehicle or25098
traffic offense, whoever violates this section is guilty of a25099
misdemeanor of the fourth degree. If, within one year of the25100
offense, the offender previously has been convicted of two or more25101
predicate motor vehicle or traffic offenses, whoever violates this25102
section is guilty of a misdemeanor of the third degree.25103

       Sec. 4511.47.  (A) As used in this section "blind person" or25104
"blind pedestrian" means a person having not more than 20/20025105
visual acuity in the better eye with correcting lenses or visual25106
acuity greater than 20/200 but with a limitation in the fields of25107
vision such that the widest diameter of the visual field subtends25108
an angle no greater than twenty degrees.25109

       The driver of every vehicle shall yield the right of way to25110
every blind pedestrian guided by a guide dog, or carrying a cane25111
which is predominantly white or metallic in color, with or without25112
a red tip.25113

       (B) No person, other than a blind person, while on any25114
public highway, street, alley, or other public thoroughfare shall25115
carry a white or metallic cane with or without a red tip.25116

       (C) Except as otherwise provided in this division, whoever25117
violates this section is guilty of a minor misdemeanor. If,25118
within one year of the offense, the offender previously has been25119
convicted of or pleaded guilty to one predicate motor vehicle or25120
traffic offense, whoever violates this section is guilty of a25121
misdemeanor of the fourth degree. If, within one year of the25122
offense, the offender previously has been convicted of two or more25123
predicate motor vehicle or traffic offenses, whoever violates this25124
section is guilty of a misdemeanor of the third degree.25125

       Sec. 4511.48.  (A) Every pedestrian crossing a roadway at25126
any point other than within a marked crosswalk or within an25127
unmarked crosswalk at an intersection shall yield the right of way25128
to all vehicles, trackless trolleys, or streetcars upon the25129
roadway.25130

       (B) Any pedestrian crossing a roadway at a point where a25131
pedestrian tunnel or overhead pedestrian crossing has been25132
provided shall yield the right of way to all traffic upon the25133
roadway.25134

       (C) Between adjacent intersections at which traffic control25135
signals are in operation, pedestrians shall not cross at any place25136
except in a marked crosswalk.25137

       (D) No pedestrian shall cross a roadway intersection25138
diagonally unless authorized by official traffic control devices;25139
and, when authorized to cross diagonally, pedestrians shall cross25140
only in accordance with the official traffic control devices25141
pertaining to such crossing movements.25142

       (E) This section does not relieve the operator of a vehicle,25143
streetcar, or trackless trolley from exercising due care to avoid25144
colliding with any pedestrian upon any roadway.25145

       (F) Except as otherwise provided in this division, whoever25146
violates this section is guilty of a minor misdemeanor. If,25147
within one year of the offense, the offender previously has been25148
convicted of or pleaded guilty to one predicate motor vehicle or25149
traffic offense, whoever violates this section is guilty of a25150
misdemeanor of the fourth degree. If, within one year of the25151
offense, the offender previously has been convicted of two or more25152
predicate motor vehicle or traffic offenses, whoever violates this25153
section is guilty of a misdemeanor of the third degree.25154


       Sec. 4511.481. (A) A pedestrian who is under the influence25156
of alcohol or, any drug of abuse, or any combination thereof,of25157
them to a degree whichthat renders himselfthe pedestrian a25158
hazard shall not walk or be upon a highway.25159

       (B) Except as otherwise provided in this division, whoever25160
violates this section is guilty of a minor misdemeanor. If,25161
within one year of the offense, the offender previously has been25162
convicted of or pleaded guilty to one predicate motor vehicle or25163
traffic offense, whoever violates this section is guilty of a25164
misdemeanor of the fourth degree. If, within one year of the25165
offense, the offender previously has been convicted of two or more25166
predicate motor vehicle or traffic offenses, whoever violates this25167
section is guilty of a misdemeanor of the third degree.25168

       Sec. 4511.49. (A) Pedestrians shall move, whenever25169
practicable, upon the right half of crosswalks.25170

       (B) Except as otherwise provided in this division, whoever25171
violates this section is guilty of a minor misdemeanor. If,25172
within one year of the offense, the offender previously has been25173
convicted of or pleaded guilty to one predicate motor vehicle or25174
traffic offense, whoever violates this section is guilty of a25175
misdemeanor of the fourth degree. If, within one year of the25176
offense, the offender previously has been convicted of two or more25177
predicate motor vehicle or traffic offenses, whoever violates this25178
section is guilty of a misdemeanor of the third degree.25179

       Sec. 4511.50.  (A) Where a sidewalk is provided and its use25180
is practicable, it shall be unlawful for any pedestrian to walk25181
along and upon an adjacent roadway.25182

       (B) Where a sidewalk is not available, any pedestrian25183
walking along and upon a highway shall walk only on a shoulder, as25184
far as practicable from the edge of the roadway.25185

       (C) Where neither a sidewalk nor a shoulder is available,25186
any pedestrian walking along and upon a highway shall walk as near25187
as practicable to an outside edge of the roadway, and, if on a25188
two-way roadway, shall walk only on the left side of the roadway.25189

       (D) Except as otherwise provided in sections 4511.13 and25190
4511.46 of the Revised Code, any pedestrian upon a roadway shall25191
yield the right-of-way to all vehicles, trackless trolleys, or25192
streetcars upon the roadway.25193

       (E) Except as otherwise provided in this division, whoever25194
violates this section is guilty of a minor misdemeanor. If,25195
within one year of the offense, the offender previously has been25196
convicted of or pleaded guilty to one predicate motor vehicle or25197
traffic offense, whoever violates this section is guilty of a25198
misdemeanor of the fourth degree. If, within one year of the25199
offense, the offender previously has been convicted of two or more25200
predicate motor vehicle or traffic offenses, whoever violates this25201
section is guilty of a misdemeanor of the third degree.25202

       Sec. 4511.51.  (A) No person while on a roadway outside a25203
safety zone shall solicit a ride from the driver of any vehicle.25204

       (B)(1) Except as provided in division (B)(2) of this25205
section, no person shall stand on a highway for the purpose of25206
soliciting employment, business, or contributions from the25207
occupant of any vehicle.25208

       (2) The legislative authority of a municipal corporation, by25209
ordinance, may authorize the issuance of a permit to a charitable25210
organization to allow a person acting on behalf of the25211
organization to solicit charitable contributions from the occupant25212
of a vehicle by standing on a highway, other than a freeway as25213
provided in division (A)(1) of section 4511.051 of the Revised25214
Code, that is under the jurisdiction of the municipal corporation.25215
The permit shall be valid for only one period of time, which shall25216
be specified in the permit, in any calendar year. The legislative25217
authority also may specify the locations where contributions may25218
be solicited and may impose any other restrictions on or25219
requirements regarding the manner in which the solicitations are25220
to be conducted that the legislative authority considers25221
advisable.25222

       (3) As used in division (B)(2) of this section, "charitable25223
organization" means an organization that has received from the25224
internal revenue service a currently valid ruling or determination25225
letter recognizing the tax-exempt status of the organization25226
pursuant to section 501(c)(3) of the "Internal Revenue Code."25227

       (C) No person shall hang onto or ride on the outside of any25228
motor vehicle, streetcar, or trackless trolley while it is moving25229
upon a roadway, except mechanics or test engineers making repairs25230
or adjustments, or workers performing specialized highway or25231
street maintenance or construction under authority of a public25232
agency.25233

       (D) No operator shall knowingly permit any person to hang25234
onto, or ride on the outside of, any motor vehicle, streetcar, or25235
trackless trolley while it is moving upon a roadway, except25236
mechanics or test engineers making repairs or adjustments, or25237
workers performing specialized highway or street maintenance or25238
construction under authority of a public agency.25239

       (E) No driver of a truck, trailer, or semitrailer shall25240
knowingly permit any person who has not attained the age of25241
sixteen years to ride in the unenclosed or unroofed cargo storage25242
area of histhe driver's vehicle if the vehicle is traveling25243
faster than twenty-five miles per hour, unless either of the25244
following applies:25245

       (1) The cargo storage area of the vehicle is equipped with a25246
properly secured seat to which is attached a seat safety belt that25247
is in compliance with federal standards for an occupant25248
restraining device as defined in division (A)(2) of section25249
4513.263 of the Revised Code, the seat and seat safety belt were25250
installed at the time the vehicle was originally assembled, and25251
the person riding in the cargo storage area is in the seat and is25252
wearing the seat safety belt;25253

       (2) An emergency exists that threatens the life of the25254
driver or the person being transported in the cargo storage area25255
of the truck, trailer, or semitrailer.25256

       (F) No driver of a truck, trailer, or semitrailer shall25257
permit any person, except for those workers performing specialized25258
highway or street maintenance or construction under authority of a25259
public agency, to ride in the cargo storage area or on a tailgate25260
of histhe driver's vehicle while the tailgate is unlatched.25261

       (G)(1) Except as otherwise provided in this division,25262
whoever violates any provision of divisions (A) to (D) of this25263
section is guilty of a minor misdemeanor. If, within one year of25264
the offense, the offender previously has been convicted of or25265
pleaded guilty to one predicate motor vehicle or traffic offense,25266
whoever violates any provision of divisions (A) to (D) of this25267
section is guilty of a misdemeanor of the fourth degree. If,25268
within one year of the offense, the offender previously has been25269
convicted of two or more predicate motor vehicle or traffic25270
offenses, whoever violates any provision of divisions (A) to (D)25271
of this section is guilty of a misdemeanor of the third degree.25272

       (2) Whoever violates division (E) or (F) of this section is25273
guilty of a minor misdemeanor.25274

       Sec. 4511.511.  (A) No pedestrian shall enter or remain upon25275
any bridge or approach thereto beyond the bridge signal, gate, or25276
barrier after a bridge operation signal indication has been given.25277

       (B) No pedestrian shall pass through, around, over, or under25278
any crossing gate or barrier at a railroad grade crossing or25279
bridge while the gate or barrier is closed or is being opened or25280
closed.25281

       (C) Except as otherwise provided in this division, whoever25282
violates this section is guilty of a minor misdemeanor. If,25283
within one year of the offense, the offender previously has been25284
convicted of or pleaded guilty to one predicate motor vehicle or25285
traffic offense, whoever violates this section is guilty of a25286
misdemeanor of the fourth degree. If, within one year of the25287
offense, the offender previously has been convicted of two or more25288
predicate motor vehicle or traffic offenses, whoever violates this25289
section is guilty of a misdemeanor of the third degree.25290

       Sec. 4511.521.  (A) No person shall operate a motorized25291
bicycle upon a highway or any public or private property used by25292
the public for purposes of vehicular travel or parking, unless all25293
of the following conditions are met:25294

       (1) The person is fourteen or fifteen years of age and holds25295
a valid probationary motorized bicycle license issued after the25296
person has passed the test provided for in this section, or the25297
person is sixteen years of age or older and holds either a valid25298
commercial driver's license issued under Chapter 4506. or a25299
driver's license issued under Chapter 4507. of the Revised Code or25300
a valid motorized bicycle license issued after the person has25301
passed the test provided for in this section, except that if a25302
person is sixteen years of age, has a valid probationary motorized25303
bicycle license and desires a motorized bicycle license, hethe25304
person is not required to comply with the testing requirements25305
provided for in this section;25306

       (2) The motorized bicycle is equipped in accordance with the25307
rules adopted under division (B) of this section and is in proper25308
working order;25309

       (3) The person, if he is under eighteen years of age, is25310
wearing a protective helmet on histhe person's head with the chin25311
strap properly fastened and the motorized bicycle is equipped with25312
a rear-view mirror.25313

       (4) The person operates the motorized bicycle when25314
practicable within three feet of the right edge of the roadway25315
obeying all traffic rules applicable to vehicles.25316

       (B) The director of public safety, subject to sections25317
119.01 to 119.13 of the Revised Code, shall adopt and promulgate25318
rules concerning protective helmets, the equipment of motorized25319
bicycles, and the testing and qualifications of persons who do not25320
hold a valid driver's or commercial driver's license. The test25321
shall be as near as practicable to the examination required for a25322
motorcycle operator's endorsement under section 4507.11 of the25323
Revised Code. The test shall also require the operator to give an25324
actual demonstration of histhe operator's ability to operate and25325
control a motorized bicycle by driving one under the supervision25326
of an examining officer.25327

       (C) Every motorized bicycle license expires on the birthday25328
of the applicant in the fourth year after the date it is issued,25329
but in no event shall any motorized bicycle license be issued for25330
a period longer than four years.25331

       (D) No person operating a motorized bicycle shall carry25332
another person upon the motorized bicycle.25333

       (E) The protective helmet and rear-view mirror required by25334
division (A)(3) of this section shall, on and after January 1,25335
1985, conform with rules adopted by the director under division25336
(B) of this section.25337

       (F) Each probationary motorized bicycle license or motorized25338
bicycle license shall be laminated with a transparent plastic25339
material.25340

       (G)Whoever violates division (A), (D), or (E) of this25341
section is guilty of a minor misdemeanor.25342

       Sec. 4511.53. (A) For purposes of this section,25343
"snowmobile" has the same meaning as given that term in section25344
4519.01 of the Revised Code.25345

       (B) A person operating a bicycle or motorcycle shall not25346
ride other than upon the permanent and regular seat attached25347
thereto, nor carry any other person upon such bicycle or25348
motorcycle other than upon a firmly attached and regular seat25349
thereon, nor shall any person ride upon a bicycle or motorcycle25350
other than upon such a firmly attached and regular seat.25351

       A person shall ride upon a motorcycle only while sitting25352
astride the seat, facing forward, with one leg on each side of the25353
motorcycle.25354

       No person operating a bicycle shall carry any package,25355
bundle, or article that prevents the driver from keeping at least25356
one hand upon the handle bars.25357

       No bicycle or motorcycle shall be used to carry more persons25358
at one time than the number for which it is designed and equipped,25359
nor shall any motorcycle be operated on a highway when the handle25360
bars or grips are more than fifteen inches higher than the seat or25361
saddle for the operator.25362

       No person shall operate or be a passenger on a snowmobile or25363
motorcycle without using safety glasses or other protective eye25364
device. No person who is under the age of eighteen years, or who25365
holds a motorcycle operator's endorsement or license bearing a25366
"novice" designation that is currently in effect as provided in25367
section 4507.13 of the Revised Code, shall operate a motorcycle on25368
a highway, or be a passenger on a motorcycle, unless wearing a25369
protective helmet on histhe person's head, and no other person25370
shall be a passenger on a motorcycle operated by such a person25371
unless similarly wearing a protective helmet. The helmet, safety25372
glasses, or other protective eye device shall conform with25373
regulations prescribed and promulgated by the director of public25374
safety. The provisions of this paragraph or a violation thereof25375
shall not be used in the trial of any civil action.25376

       (C) Except as otherwise provided in this division, whoever25377
violates this section is guilty of a minor misdemeanor. If,25378
within one year of the offense, the offender previously has been25379
convicted of or pleaded guilty to one predicate motor vehicle or25380
traffic offense, whoever violates this section is guilty of a25381
misdemeanor of the fourth degree. If, within one year of the25382
offense, the offender previously has been convicted of two or more25383
predicate motor vehicle or traffic offenses, whoever violates this25384
section is guilty of a misdemeanor of the third degree.25385

       Sec. 4511.54. (A) No person riding upon any bicycle,25386
coaster, roller skates, sled, or toy vehicle shall attach the same25387
or himselfself to any streetcar, trackless trolley, or vehicle25388
upon a roadway.25389

       No operator shall knowingly permit any person riding upon any25390
bicycle, coaster, roller skates, sled, or toy vehicle to attach25391
the same or himselfself to any streetcar, trackless trolley, or25392
vehicle while it is moving upon a roadway.25393

       This section does not apply to the towing of a disabled25394
vehicle.25395

       (B) Except as otherwise provided in this division, whoever25396
violates this section is guilty of a minor misdemeanor. If,25397
within one year of the offense, the offender previously has been25398
convicted of or pleaded guilty to one predicate motor vehicle or25399
traffic offense, whoever violates this section is guilty of a25400
misdemeanor of the fourth degree. If, within one year of the25401
offense, the offender previously has been convicted of two or more25402
predicate motor vehicle or traffic offenses, whoever violates this25403
section is guilty of a misdemeanor of the third degree.25404

       Sec. 4511.55.  (A) Every person operating a bicycle upon a25405
roadway shall ride as near to the right side of the roadway as25406
practicable obeying all traffic rules applicable to vehicles and25407
exercising due care when passing a standing vehicle or one25408
proceeding in the same direction.25409

       (B) Persons riding bicycles or motorcycles upon a roadway25410
shall ride not more than two abreast in a single lane, except on25411
paths or parts of roadways set aside for the exclusive use of25412
bicycles or motorcycles.25413

       (C) Except as otherwise provided in this division, whoever25414
violates this section is guilty of a minor misdemeanor. If,25415
within one year of the offense, the offender previously has been25416
convicted of or pleaded guilty to one predicate motor vehicle or25417
traffic offense, whoever violates this section is guilty of a25418
misdemeanor of the fourth degree. If, within one year of the25419
offense, the offender previously has been convicted of two or more25420
predicate motor vehicle or traffic offenses, whoever violates this25421
section is guilty of a misdemeanor of the third degree.25422

       Sec. 4511.56.  (A) Every bicycle when in use at the times25423
specified in section 4513.03 of the Revised Code, shall be25424
equipped with the following:25425

       (1) A lamp on the front that shall emit a white light25426
visible from a distance of at least five hundred feet to the25427
front;25428

       (2) A red reflector on the rear of a type approved by the25429
director of public safety that shall be visible from all distances25430
from one hundred feet to six hundred feet to the rear when25431
directly in front of lawful lower beams of head lamps on a motor25432
vehicle;25433

       (3) A lamp emitting a red light visible from a distance of25434
five hundred feet to the rear shall be used in addition to the red25435
reflector;25436

       (4) An essentially colorless reflector on the front of a25437
type approved by the director;25438

       (5) Either with tires with retroreflective sidewalls or with25439
an essentially colorless or amber reflector mounted on the spokes25440
of the front wheel and an essentially colorless or red reflector25441
mounted on the spokes of the rear wheel. Each reflector shall be25442
visible on each side of the wheel from a distance of six hundred25443
feet when directly in front of lawful lower beams of head lamps on25444
a motor vehicle. Retroreflective tires or reflectors shall be of25445
a type approved by the director.25446

       (B) No person shall operate a bicycle unless it is equipped25447
with a bell or other device capable of giving a signal audible for25448
a distance of at least one hundred feet, except that a bicycle25449
shall not be equipped with nor shall any person use upon a bicycle25450
any siren or whistle.25451

       (C) Every bicycle shall be equipped with an adequate brake25452
when used on a street or highway.25453

       (D) Except as otherwise provided in this division, whoever25454
violates this section is guilty of a minor misdemeanor. If,25455
within one year of the offense, the offender previously has been25456
convicted of or pleaded guilty to one predicate motor vehicle or25457
traffic offense, whoever violates this section is guilty of a25458
misdemeanor of the fourth degree. If, within one year of the25459
offense, the offender previously has been convicted of two or more25460
predicate motor vehicle or traffic offenses, whoever violates this25461
section is guilty of a misdemeanor of the third degree.25462

       Sec. 4511.57. (A) The driver of a vehicle shall not25463
overtake and pass upon the left nor drive upon the left side of25464
any streetcar proceeding in the same direction, whether such25465
streetcar is in motion or at rest, except:25466

       (A)(1) When so directed by a police officer or traffic25467
control device;25468

       (B)(2) When upon a one-way street;25469

       (C)(3) When upon a street where the tracks are so located as25470
to prevent compliance with this section;25471

       (D)(4) When authorized by local authorities.25472

       (B) The driver of any vehicle when permitted to overtake and25473
pass upon the left of a streetcar which has stopped for the25474
purpose of receiving or discharging any passenger shall accord25475
pedestrians the right of way.25476

       (C) Except as otherwise provided in this division, whoever25477
violates this section is guilty of a minor misdemeanor. If,25478
within one year of the offense, the offender previously has been25479
convicted of or pleaded guilty to one predicate motor vehicle or25480
traffic offense, whoever violates this section is guilty of a25481
misdemeanor of the fourth degree. If, within one year of the25482
offense, the offender previously has been convicted of two or more25483
predicate motor vehicle or traffic offenses, whoever violates this25484
section is guilty of a misdemeanor of the third degree.25485

       Sec. 4511.58. (A) The driver of a vehicle overtaking upon25486
the right any streetcar stopped for the purpose of receiving or25487
discharging any passenger shall stop such vehicle at least five25488
feet to the rear of the nearest running board or door of such25489
streetcar and remain standing until all passengers have boarded25490
such streetcar, or upon alighting therefrom have reached a place25491
of safety, except that where a safety zone has been established, a25492
vehicle need not be brought to a stop before passing any such25493
streetcar or any trackless trolley, but may proceed past such25494
streetcar or trackless trolley at a speed not greater than is25495
reasonable and proper considering the safety of pedestrians.25496

       (B) Except as otherwise provided in this division, whoever25497
violates this section is guilty of a minor misdemeanor. If,25498
within one year of the offense, the offender previously has been25499
convicted of or pleaded guilty to one predicate motor vehicle or25500
traffic offense, whoever violates this section is guilty of a25501
misdemeanor of the fourth degree. If, within one year of the25502
offense, the offender previously has been convicted of two or more25503
predicate motor vehicle or traffic offenses, whoever violates this25504
section is guilty of a misdemeanor of the third degree.25505


       Sec. 4511.59. (A) The driver of any vehicle proceeding upon25507
any streetcar tracks in front of a streetcar shall remove such25508
vehicle from the track as soon as practicable after signal from25509
the operator of said streetcar.25510

       The driver of a vehicle upon overtaking and passing a25511
streetcar shall not turn in front of such streetcar unless such25512
movement can be made in safety.25513

       (B) Except as otherwise provided in this division, whoever25514
violates this section is guilty of a minor misdemeanor. If,25515
within one year of the offense, the offender previously has been25516
convicted of or pleaded guilty to one predicate motor vehicle or25517
traffic offense, whoever violates this section is guilty of a25518
misdemeanor of the fourth degree. If, within one year of the25519
offense, the offender previously has been convicted of two or more25520
predicate motor vehicle or traffic offenses, whoever violates this25521
section is guilty of a misdemeanor of the third degree.25522

       Sec. 4511.60. (A) No vehicle shall at any time be driven25523
through or within a safety zone.25524

       (B) Except as otherwise provided in this division, whoever25525
violates this section is guilty of a minor misdemeanor. If,25526
within one year of the offense, the offender previously has been25527
convicted of or pleaded guilty to one predicate motor vehicle or25528
traffic offense, whoever violates this section is guilty of a25529
misdemeanor of the fourth degree. If, within one year of the25530
offense, the offender previously has been convicted of two or more25531
predicate motor vehicle or traffic offenses, whoever violates this25532
section is guilty of a misdemeanor of the third degree.25533

       Sec. 4511.61. (A) The department of transportation and25534
local authorities in their respective jurisdictions, with the25535
approval of the department, may designate dangerous highway25536
crossings over railroad tracks whether on state, county, or25537
township highways or on streets or ways within municipal25538
corporations, and erect stop signs thereat. When such stop signs25539
are erected, the operator of any vehicle, streetcar, or trackless25540
trolley shall stop within fifty, but not less than fifteen, feet25541
from the nearest rail of the railroad tracks and shall exercise25542
due care before proceeding across such grade crossing.25543

       (B)Except as otherwise provided in this division, whoever25544
violates this section is guilty of a minor misdemeanor. If,25545
within one year of the offense, the offender previously has been25546
convicted of or pleaded guilty to one predicate motor vehicle or25547
traffic offense, whoever violates this section is guilty of a25548
misdemeanor of the fourth degree. If, within one year of the25549
offense, the offender previously has been convicted of two or more25550
predicate motor vehicle or traffic offenses, whoever violates this25551
section is guilty of a misdemeanor of the third degree.25552

       Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle25553
or trackless trolley approaches a railroad grade crossing, the25554
person shall stop within fifty feet, but not less than fifteen25555
feet from the nearest rail of the railroad if any of the following25556
circumstances exist at the crossing:25557

       (a) A clearly visible electric or mechanical signal device25558
gives warning of the immediate approach of a train.25559

       (b) A crossing gate is lowered.25560

       (c) A flagperson gives or continues to give a signal of the25561
approach or passage of a train.25562

       (d) There is insufficient space on the other side of the25563
railroad grade crossing to accommodate the vehicle or trackless25564
trolley the person is operating without obstructing the passage of25565
other vehicles, trackless trolleys, pedestrians, or railroad25566
trains, notwithstanding any traffic control signal indication to25567
proceed.25568

       (e) An approaching train is emitting an audible signal or is25569
plainly visible and is in hazardous proximity to the crossing.25570

       (2) A person who is driving a vehicle or trackless trolley25571
and who approaches a railroad grade crossing shall not proceed as25572
long as any of the circumstances described in divisions (A)(1)(a)25573
to (e) of this section exist at the crossing.25574

       (B) No person shall drive any vehicle through, around, or25575
under any crossing gate or barrier at a railroad crossing while25576
the gate or barrier is closed or is being opened or closed unless25577
the person is signaled by a law enforcement officer or flagperson25578
that it is permissible to do so.25579

       (C)Whoever violates this section is guilty of a misdemeanor25580
of the fourth degree.25581

       Sec. 4511.63.  (A) The operator of any motor vehicle or25582
trackless trolley, carrying passengers, for hire, of any school25583
bus, or of any vehicle carrying explosives or flammable liquids as25584
a cargo or as such part of a cargo as to constitute a hazard,25585
before crossing at grade any track of a railroad, shall stop the25586
vehicle or trackless trolley and, while so stopped, shall listen25587
through an open door or open window and look in both directions25588
along the track for any approaching train, and for signals25589
indicating the approach of a train, and shall proceed only upon25590
exercising due care after stopping, looking, and listening as25591
required by this section. Upon proceeding, the operator of such a25592
vehicle shall cross only in a gear that will ensure there will be25593
no necessity for changing gears while traversing the crossing and25594
shall not shift gears while crossing the tracks.25595

       (B) This section does not apply at any of the following:25596

       (1) Street railway grade crossings within a municipal25597
corporation, or to abandoned tracks, spur tracks, side tracks, and25598
industrial tracks when the public utilities commission has25599
authorized and approved the crossing of the tracks without making25600
the stop required by this section;25601

       (2) Through June 30, 1995, a street railway grade crossing25602
where out-of-service signs are posted in accordance with section25603
4955.37 of the Revised Code.25604

       (C)Except as otherwise provided in this division, whoever25605
violates this section is guilty of a minor misdemeanor. If the25606
offender previously has been convicted of or pleaded guilty to one25607
or more violations of this section or section 4511.76, 4511.761,25608
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a25609
municipal ordinance that is substantially similar to any of those25610
sections, whoever violates this section is guilty of a misdemeanor25611
of the fourth degree.25612

       Sec. 4511.64. (A) No person shall operate or move any25613
crawler-type tractor, steam shovel, derrick, roller, or any25614
equipment or structure having a normal operating speed of six or25615
less miles per hour or a vertical body or load clearance of less25616
than nine inches above the level surface of a roadway, upon or25617
across any tracks at a railroad grade crossing without first25618
complying with divisions (A)(1) and (B)(2) of this section.25619

       (A)(1) Before making any such crossing, the person operating25620
or moving any such vehicle or equipment shall first stop the same,25621
and while stopped hethe person shall listen and look in both25622
directions along such track for any approaching train and for25623
signals indicating the approach of a train, and shall proceed only25624
upon exercising due care.25625

       (B)(2) No such crossing shall be made when warning is given25626
by automatic signal or crossing gates or a flagmanflagperson or25627
otherwise of the immediate approach of a railroad train or car.25628

       (B) If the normal sustained speed of such vehicle,25629
equipment, or structure is not more than three miles per hour, the25630
person owning, operating, or moving the same shall also give25631
notice of such intended crossing to a station agent or25632
superintendent of the railroad, and a reasonable time shall be25633
given to such railroad to provide proper protection for such25634
crossing. Where such vehicles or equipment are being used in25635
constructing or repairing a section of highway lying on both sides25636
of a railroad grade crossing, and in such construction or repair25637
it is necessary to repeatedly move such vehicles or equipment over25638
such crossing, one daily notice specifying when such work will25639
start and stating the hours during which it will be prosecuted is25640
sufficient.25641

       (C) Except as otherwise provided in this division, whoever25642
violates this section is guilty of a minor misdemeanor. If,25643
within one year of the offense, the offender previously has been25644
convicted of or pleaded guilty to one predicate motor vehicle or25645
traffic offense, whoever violates this section is guilty of a25646
misdemeanor of the fourth degree. If, within one year of the25647
offense, the offender previously has been convicted of two or more25648
predicate motor vehicle or traffic offenses, whoever violates this25649
section is guilty of a misdemeanor of the third degree.25650

       Sec. 4511.66. (A) Upon any highway outside a business or25651
residence district, no person shall stop, park, or leave standing25652
any vehicle, whether attended or unattended, upon the paved or25653
main traveled part of the highway if it is practicable to stop,25654
park, or so leave such vehicle off the paved or main traveled part25655
of said highway. In every event a clear and unobstructed portion25656
of the highway opposite such standing vehicle shall be left for25657
the free passage of other vehicles, and a clear view of such25658
stopped vehicle shall be available from a distance of two hundred25659
feet in each direction upon such highway.25660

       This section does not apply to the driver of any vehicle25661
which is disabled while on the paved or improved or main traveled25662
portion of a highway in such manner and to such extent that it is25663
impossible to avoid stopping and temporarily leaving the disabled25664
vehicle in such position.25665

       (B) Except as otherwise provided in this division, whoever25666
violates this section is guilty of a minor misdemeanor. If,25667
within one year of the offense, the offender previously has been25668
convicted of or pleaded guilty to one predicate motor vehicle or25669
traffic offense, whoever violates this section is guilty of a25670
misdemeanor of the fourth degree. If, within one year of the25671
offense, the offender previously has been convicted of two or more25672
predicate motor vehicle or traffic offenses, whoever violates this25673
section is guilty of a misdemeanor of the third degree.25674

       Sec. 4511.661. (A) No person driving or in charge of a25675
motor vehicle shall permit it to stand unattended without first25676
stopping the engine, locking the ignition, removing the key from25677
the ignition, effectively setting the parking brake, and, when the25678
motor vehicle is standing upon any grade, turning the front wheels25679
to the curb or side of the highway.25680

       The requirements of this section relating to the stopping of25681
the engine, locking of the ignition, and removing the key from the25682
ignition of a motor vehicle shall not apply to an emergency25683
vehicle or a public safety vehicle.25684

       (B) Except as otherwise provided in this division, whoever25685
violates this section is guilty of a minor misdemeanor. If,25686
within one year of the offense, the offender previously has been25687
convicted of or pleaded guilty to one predicate motor vehicle or25688
traffic offense, whoever violates this section is guilty of a25689
misdemeanor of the fourth degree. If, within one year of the25690
offense, the offender previously has been convicted of two or more25691
predicate motor vehicle or traffic offenses, whoever violates this25692
section is guilty of a misdemeanor of the third degree.25693

       Sec. 4511.68. (A) No person shall stand or park a trackless25694
trolley or vehicle, except when necessary to avoid conflict with25695
other traffic or to comply with sections 4511.01 to 4511.78,25696
inclusive, 4511.99, and 4513.01 to 4513.37, inclusive, of the25697
Revised Code, or while obeying the directions of a police officer25698
or a traffic control device, in any of the following places:25699

       (A)(1) On a sidewalk, except a bicycle;25700

       (B)(2) In front of a public or private driveway;25701

       (C)(3) Within an intersection;25702

       (D)(4) Within ten feet of a fire hydrant;25703

       (E)(5) On a crosswalk;25704

       (F)(6) Within twenty feet of a crosswalk at an intersection;25705

       (G)(7) Within thirty feet of, and upon the approach to, any25706
flashing beacon, stop sign, or traffic control device;25707

       (H)(8) Between a safety zone and the adjacent curb or within25708
thirty feet of points on the curb immediately opposite the ends of25709
a safety zone, unless a different length is indicated by a traffic25710
control device;25711

       (I)(9) Within fifty feet of the nearest rail of a railroad25712
crossing;25713

       (J)(10) Within twenty feet of a driveway entrance to any25714
fire station and, on the side of the street opposite the entrance25715
to any fire station, within seventy-five feet of the entrance when25716
it is properly posted with signs;25717

       (K)(11) Alongside or opposite any street excavation or25718
obstruction when such standing or parking would obstruct traffic;25719

       (L)(12) Alongside any vehicle stopped or parked at the edge25720
or curb of a street;25721

       (M)(13) Upon any bridge or elevated structure upon a25722
highway, or within a highway tunnel;25723

       (N)(14) At any place where signs prohibit stopping;25724

       (O)(15) Within one foot of another parked vehicle;25725

       (P)(16) On the roadway portion of a freeway, expressway, or25726
thruway.25727

       (B) Except as otherwise provided in this division, whoever25728
violates this section is guilty of a minor misdemeanor. If,25729
within one year of the offense, the offender previously has been25730
convicted of or pleaded guilty to one predicate motor vehicle or25731
traffic offense, whoever violates this section is guilty of a25732
misdemeanor of the fourth degree. If, within one year of the25733
offense, the offender previously has been convicted of two or more25734
predicate motor vehicle or traffic offenses, whoever violates this25735
section is guilty of a misdemeanor of the third degree.25736

       Sec. 4511.681. (A) If an owner of private property posts on25737
the property, in a conspicuous manner, a prohibition against25738
parking on the property or conditions and regulations under which25739
parking is permitted, no person shall do either of the following:25740

       (A)(1) Park a vehicle on the property without the owner's25741
consent;25742

       (B)(2) Park a vehicle on the property in violation of any25743
condition or regulation posted by the owner.25744

       (B)Whoever violates this section is guilty of a minor25745
misdemeanor.25746

       Sec. 4511.69.  (A) Every vehicle stopped or parked upon a25747
roadway where there is an adjacent curb shall be stopped or parked25748
with the right-hand wheels of the vehicle parallel with and not25749
more than twelve inches from the right-hand curb, unless it is25750
impossible to approach so close to the curb; in such case the stop25751
shall be made as close to the curb as possible and only for the25752
time necessary to discharge and receive passengers or to load or25753
unload merchandise. Local authorities by ordinance may permit25754
angle parking on any roadway under their jurisdiction, except that25755
angle parking shall not be permitted on a state route within a25756
municipal corporation unless an unoccupied roadway width of not25757
less than twenty-five feet is available for free-moving traffic.25758

       (B) Local authorities by ordinance may permit parking of25759
vehicles with the left-hand wheels adjacent to and within twelve25760
inches of the left-hand curb of a one-way roadway.25761

       (C) No vehicle or trackless trolley shall be stopped or25762
parked on a road or highway with the vehicle or trackless trolley25763
facing in a direction other than the direction of travel on that25764
side of the road or highway.25765

       (D) Notwithstanding any statute or any rule, resolution, or25766
ordinance adopted by any local authority, air compressors,25767
tractors, trucks, and other equipment, while being used in the25768
construction, reconstruction, installation, repair, or removal of25769
facilities near, on, over, or under a street or highway, may stop,25770
stand, or park where necessary in order to perform such work,25771
provided a flagperson is on duty or warning signs or lights are25772
displayed as may be prescribed by the director of transportation.25773

       (E) Special parking locations and privileges for persons25774
with disabilities that limit or impair the ability to walk, also25775
known as handicapped parking spaces or disability parking spaces,25776
shall be provided and designated by all political subdivisions and25777
by the state and all agencies and instrumentalities thereof at all25778
offices and facilities, where parking is provided, whether owned,25779
rented, or leased, and at all publicly owned parking garages. The25780
locations shall be designated through the posting of an elevated25781
sign, whether permanently affixed or movable, imprinted with the25782
international symbol of access and shall be reasonably close to25783
exits, entrances, elevators, and ramps. All elevated signs posted25784
in accordance with this division and division (C) of section25785
3781.111 of the Revised Code shall be mounted on a fixed or25786
movable post, and the distance from the ground to the top edge of25787
the sign shall measure five feet. If a new sign or a replacement25788
sign designating a special parking location is posted on or after25789
the effective date of this amendmentOctober14, 1999, there also25790
shall be affixed upon the surface of that sign or affixed next to25791
the designating sign a notice that states the fine applicable for25792
the offense of parking a motor vehicle in the special designated25793
parking location if the motor vehicle is not legally entitled to25794
be parked in that location.25795

       (F)(1) No person shall stop, stand, or park any motor25796
vehicle at special parking locations provided under division (E)25797
of this section or at special clearly marked parking locations25798
provided in or on privately owned parking lots, parking garages,25799
or other parking areas and designated in accordance with that25800
division, unless one of the following applies:25801

       (a) The motor vehicle is being operated by or for the25802
transport of a person with a disability that limits or impairs the25803
ability to walk and is displaying a valid removable windshield25804
placard or special license plates;25805

       (b) The motor vehicle is being operated by or for the25806
transport of a handicapped person and is displaying a parking card25807
or special handicapped license plates.25808

       (2) Any motor vehicle that is parked in a special marked25809
parking location in violation of division (F)(1)(a) or (b) of this25810
section may be towed or otherwise removed from the parking25811
location by the law enforcement agency of the political25812
subdivision in which the parking location is located. A motor25813
vehicle that is so towed or removed shall not be released to its25814
owner until the owner presents proof of ownership of the motor25815
vehicle and pays all towing and storage fees normally imposed by25816
that political subdivision for towing and storing motor vehicles.25817
If the motor vehicle is a leased vehicle, it shall not be released25818
to the lessee until the lessee presents proof that that person is25819
the lessee of the motor vehicle and pays all towing and storage25820
fees normally imposed by that political subdivision for towing and25821
storing motor vehicles.25822

       (3) If a person is charged with a violation of division25823
(F)(1)(a) or (b) of this section, it is an affirmative defense to25824
the charge that the person suffered an injury not more than25825
seventy-two hours prior to the time the person was issued the25826
ticket or citation and that, because of the injury, the person25827
meets at least one of the criteria contained in division (A)(1) of25828
section 4503.44 of the Revised Code.25829

       (G) When a motor vehicle is being operated by or for the25830
transport of a person with a disability that limits or impairs the25831
ability to walk and is displaying a removable windshield placard25832
or a temporary removable windshield placard or special license25833
plates, or when a motor vehicle is being operated by or for the25834
transport of a handicapped person and is displaying a parking card25835
or special handicapped license plates, the motor vehicle is25836
permitted to park for a period of two hours in excess of the legal25837
parking period permitted by local authorities, except where local25838
ordinances or police rules provide otherwise or where the vehicle25839
is parked in such a manner as to be clearly a traffic hazard.25840

       (H) No owner of an office, facility, or parking garage where25841
special parking locations are required to be designated in25842
accordance with division (E) of this section shall fail to25843
properly mark the special parking locations in accordance with25844
that division or fail to maintain the markings of the special25845
locations, including the erection and maintenance of the fixed or25846
movable signs.25847

       (I) Nothing in this section shall be construed to require a25848
person or organization to apply for a removable windshield placard25849
or special license plates if the parking card or special license25850
plates issued to the person or organization under prior law have25851
not expired or been surrendered or revoked.25852

       (J)(1) Whoever violates division (A) or (C) of this section25853
is guilty of a minor misdemeanor.25854

       (2)(a) Whoever violates division (F)(1)(a) or (b) of this25855
section is guilty of a misdemeanor and shall be punished as25856
provided in division (J)(2)(a) and (b) of this section. Except as25857
otherwise provided in division (J)(2)(a) of this section, an25858
offender who violates division (F)(1)(a) or (b) of this section25859
shall be fined not less than two hundred fifty nor more than five25860
hundred dollars. An offender who violates division (F)(1)(a) or25861
(b) of this section shall be fined not more than one hundred25862
dollars if the offender, prior to sentencing, proves either of the25863
following to the satisfaction of the court:25864

       (i) At the time of the violation of division (F)(1)(a) of25865
this section, the offender or the person for whose transport the25866
motor vehicle was being operated had been issued a removable25867
windshield placard that then was valid or special license plates25868
that then were valid but the offender or the person neglected to25869
display the placard or license plates as described in division25870
(F)(1)(a) of this section.25871

       (ii) At the time of the violation of division (F)(1)(b) of25872
this section, the offender or the person for whose transport the25873
motor vehicle was being operated had been issued a parking card25874
that then was valid or special handicapped license plates that25875
then were valid but the offender or the person neglected to25876
display the card or license plates as described in division25877
(F)(1)(b) of this section.25878

       (b) In no case shall an offender who violates division25879
(F)(1)(a) or (b) of this section be sentenced to any term of25880
imprisonment.25881

       An arrest or conviction for a violation of division (F)(1)(a)25882
or (b) of this section does not constitute a criminal record and25883
need not be reported by the person so arrested or convicted in25884
response to any inquiries contained in any application for25885
employment, license, or other right or privilege, or made in25886
connection with the person's appearance as a witness.25887

       The clerk of the court shall pay every fine collected under25888
division (J)(2) of this section to the political subdivision in25889
which the violation occurred. Except as provided in division25890
(J)(2) of this section, the political subdivision shall use the25891
fine moneys it receives under division (J)(2) of this section to25892
pay the expenses it incurs in complying with the signage and25893
notice requirements contained in division (E) of this section. The25894
political subdivision may use up to fifty per cent of each fine it25895
receives under division (J)(2) of this section to pay the costs of25896
educational, advocacy, support, and assistive technology programs25897
for persons with disabilities, and for public improvements within25898
the political subdivision that benefit or assist persons with25899
disabilities, if governmental agencies or nonprofit organizations25900
offer the programs.25901

       (3) Whoever violates division (H) of this section shall be25902
punished as follows:25903

       (a) Except as otherwise provided in division (J)(3) of this25904
section, the offender shall be issued a warning.25905

       (b) If the offender previously has been convicted of or25906
pleaded guilty to a violation of division (H) of this section or25907
of a municipal ordinance that is substantially similar to that25908
division, the offender shall not be issued a warning but shall be25909
fined twenty-five dollars for each parking location that is not25910
properly marked or whose markings are not properly maintained.25911

       (K) As used in this section:25912

       (1) "Handicapped person" means any person who has lost the25913
use of one or both legs or one or both arms, who is blind, deaf,25914
or so severely handicapped as to be unable to move without the aid25915
of crutches or a wheelchair, or whose mobility is restricted by a25916
permanent cardiovascular, pulmonary, or other handicapping25917
condition.25918

       (2) "Person with a disability that limits or impairs the25919
ability to walk" has the same meaning as in section 4503.44 of the25920
Revised Code.25921

       (3) "Special license plates" and "removable windshield25922
placard" mean any license plates or removable windshield placard25923
or temporary removable windshield placard issued under section25924
4503.41 or 4503.44 of the Revised Code, and also mean any25925
substantially similar license plates or removable windshield25926
placard or temporary removable windshield placard issued by a25927
state, district, country, or sovereignty.25928

       Sec. 4511.70.  (A) No person shall drive a vehicle or25929
trackless trolley when it is so loaded, or when there are in the25930
front seat such number of persons, as to obstruct the view of the25931
driver to the front or sides of the vehicle or to interfere with25932
the driver's control over the driving mechanism of the vehicle.25933

       (B) No passenger in a vehicle or trackless trolley shall25934
ride in such position as to interfere with the driver's view ahead25935
or to the sides, or to interfere with histhe driver's control25936
over the driving mechanism of the vehicle.25937

       (C) No person shall open the door of a vehicle on the side25938
available to moving traffic unless and until it is reasonably safe25939
to do so, and can be done without interfering with the movement of25940
other traffic, nor shall any person leave a door open on the side25941
of a vehicle available to moving traffic for a period of time25942
longer than necessary to load or unload passengers.25943

       (D) Except as otherwise provided in this division, whoever25944
violates this section is guilty of a minor misdemeanor. If,25945
within one year of the offense, the offender previously has been25946
convicted of or pleaded guilty to one predicate motor vehicle or25947
traffic offense, whoever violates this section is guilty of a25948
misdemeanor of the fourth degree. If, within one year of the25949
offense, the offender previously has been convicted of two or more25950
predicate motor vehicle or traffic offenses, whoever violates this25951
section is guilty of a misdemeanor of the third degree.25952

       Sec. 4511.701. (A) No person shall occupy any travel25953
trailer or manufactured or mobile home while it is being used as a25954
conveyance upon a street or highway.25955

       (B) Except as otherwise provided in this division, whoever25956
violates this section is guilty of a minor misdemeanor. If,25957
within one year of the offense, the offender previously has been25958
convicted of or pleaded guilty to one predicate motor vehicle or25959
traffic offense, whoever violates this section is guilty of a25960
misdemeanor of the fourth degree. If, within one year of the25961
offense, the offender previously has been convicted of two or more25962
predicate motor vehicle or traffic offenses, whoever violates this25963
section is guilty of a misdemeanor of the third degree.25964

       Sec. 4511.71. (A) No person shall drive upon, along, or25965
across a street or highway, or any part thereof, whichof a street25966
or highway that has been closed in the process of its25967
construction, reconstruction, or repair, and posted with25968
appropriate signs by the authority having jurisdiction to close25969
such highway.25970

       (B) Except as otherwise provided in this division, whoever25971
violates this section is guilty of a minor misdemeanor. If,25972
within one year of the offense, the offender previously has been25973
convicted of or pleaded guilty to one predicate motor vehicle or25974
traffic offense, whoever violates this section is guilty of a25975
misdemeanor of the fourth degree. If, within one year of the25976
offense, the offender previously has been convicted of two or more25977
predicate motor vehicle or traffic offenses, whoever violates this25978
section is guilty of a misdemeanor of the third degree.25979

       Sec. 4511.711. (A) No person shall drive any vehicle, other25980
than a bicycle, upon a sidewalk or sidewalk area except upon a25981
permanent or duly authorized temporary driveway.25982

       Nothing in this section shall be construed as prohibiting25983
local authorities from regulating the operation of bicycles within25984
their respective jurisdictions.25985

       (B) Except as otherwise provided in this division, whoever25986
violates this section is guilty of a minor misdemeanor. If,25987
within one year of the offense, the offender previously has been25988
convicted of or pleaded guilty to one predicate motor vehicle or25989
traffic offense, whoever violates this section is guilty of a25990
misdemeanor of the fourth degree. If, within one year of the25991
offense, the offender previously has been convicted of two or more25992
predicate motor vehicle or traffic offenses, whoever violates this25993
section is guilty of a misdemeanor of the third degree.25994

       Sec. 4511.712. (A) No driver shall enter an intersection or25995
marked crosswalk or drive onto any railroad grade crossing unless25996
there is sufficient space on the other side of the intersection,25997
crosswalk, or grade crossing to accommodate the vehicle,25998
streetcar, or trackless trolley hethe driver is operating without25999
obstructing the passage of other vehicles, streetcars, trackless26000
trolleys, pedestrians, or railroad trains, notwithstanding any26001
traffic control signal indication to proceed.26002

       (B) Except as otherwise provided in this division, whoever26003
violates this section is guilty of a minor misdemeanor. If,26004
within one year of the offense, the offender previously has been26005
convicted of or pleaded guilty to one predicate motor vehicle or26006
traffic offense, whoever violates this section is guilty of a26007
misdemeanor of the fourth degree. If, within one year of the26008
offense, the offender previously has been convicted of two or more26009
predicate motor vehicle or traffic offenses, whoever violates this26010
section is guilty of a misdemeanor of the third degree.26011

       Sec. 4511.713. (A) No person shall operate a motor vehicle,26012
snowmobile, or all-purpose vehicle upon any path set aside for the26013
exclusive use of bicycles, when an appropriate sign giving notice26014
of such use is posted on the path.26015

       Nothing in this section shall be construed to affect any rule26016
of the director of natural resources governing the operation of26017
motor vehicles, snowmobiles, all-purpose vehicles, and bicycles on26018
lands under histhe director's jurisdiction.26019

       (B) Except as otherwise provided in this division, whoever26020
violates this section is guilty of a minor misdemeanor. If,26021
within one year of the offense, the offender previously has been26022
convicted of or pleaded guilty to one predicate motor vehicle or26023
traffic offense, whoever violates this section is guilty of a26024
misdemeanor of the fourth degree. If, within one year of the26025
offense, the offender previously has been convicted of two or more26026
predicate motor vehicle or traffic offenses, whoever violates this26027
section is guilty of a misdemeanor of the third degree.26028

       Sec. 4511.72. (A) The driver of any vehicle, other than an26029
emergency vehicle or public safety vehicle on official business,26030
shall not follow any emergency vehicle or public safety vehicle26031
traveling in response to an alarm closer than five hundred feet,26032
or drive into or park such vehicle within the block where fire26033
apparatus has stopped in answer to a fire alarm, unless directed26034
to do so by a police officer or a firemanfirefighter.26035

       (B) Except as otherwise provided in this division, whoever26036
violates this section is guilty of a minor misdemeanor. If,26037
within one year of the offense, the offender previously has been26038
convicted of or pleaded guilty to one predicate motor vehicle or26039
traffic offense, whoever violates this section is guilty of a26040
misdemeanor of the fourth degree. If, within one year of the26041
offense, the offender previously has been convicted of two or more26042
predicate motor vehicle or traffic offenses, whoever violates this26043
section is guilty of a misdemeanor of the third degree.26044

       Sec. 4511.73. (A) No streetcar, trackless trolley, or26045
vehicle shall, without the consent of the fire department official26046
in command, be driven over any unprotected hose of a fire26047
department, when said hosethat is laid down on any street,26048
private driveway, or streetcar track to be used at any fire or26049
alarm of fire.26050

       (B) Except as otherwise provided in this division, whoever26051
violates this section is guilty of a minor misdemeanor. If,26052
within one year of the offense, the offender previously has been26053
convicted of or pleaded guilty to one predicate motor vehicle or26054
traffic offense, whoever violates this section is guilty of a26055
misdemeanor of the fourth degree. If, within one year of the26056
offense, the offender previously has been convicted of two or more26057
predicate motor vehicle or traffic offenses, whoever violates this26058
section is guilty of a misdemeanor of the third degree.26059

       Sec. 4511.74.  (A) No person shall place or knowingly drop26060
upon any part of a highway, lane, road, street, or alley any26061
tacks, bottles, wire, glass, nails, or other articles which may26062
damage or injure any person, vehicle, streetcar, trackless26063
trolley, or animal traveling along or upon such highway, except26064
such substances that may be placed upon the roadway by proper26065
authority for the repair or construction thereof.26066

       Any person who drops or permits to be dropped or thrown upon26067
any highway any destructive or injurious material shall26068
immediately remove the same.26069

       Any person authorized to remove a wrecked or damaged vehicle,26070
streetcar, or trackless trolley from a highway shall remove any26071
glass or other injurious substance dropped upon the highway from26072
such vehicle, streetcar, or trackless trolley.26073

       No person shall place any obstruction in or upon a highway26074
without proper authority.26075

       (B) No person, with intent to cause physical harm to a26076
person or a vehicle, shall place or knowingly drop upon any part26077
of a highway, lane, road, street, or alley any tacks, bottles,26078
wire, glass, nails, or other articles which may damage or injure26079
any person, vehicle, streetcar, trackless trolley, or animal26080
traveling along or upon such highway, except such substances that26081
may be placed upon the roadway by proper authority for the repair26082
or construction thereof.26083

       (C)(1) Except as otherwise provided in this division,26084
whoever violates division (A) of this section is guilty of a minor26085
misdemeanor. If, within one year of the offense, the offender26086
previously has been convicted of or pleaded guilty to one26087
predicate motor vehicle or traffic offense, whoever violates26088
division (A) of this section is guilty of a misdemeanor of the26089
fourth degree. If, within one year of the offense, the offender26090
previously has been convicted of two or more predicate motor26091
vehicle or traffic offenses, whoever violates division (A) of this26092
section is guilty of a misdemeanor of the third degree.26093

       (2) Whoever violates division (B) of this section is guilty26094
of a misdemeanor of the first degree.26095

       Sec. 4511.75.  (A) The driver of a vehicle, streetcar, or26096
trackless trolley upon meeting or overtaking from either direction26097
any school bus stopped for the purpose of receiving or discharging26098
any school child, person attending programs offered by community26099
boards of mental health and county boards of mental retardation26100
and developmental disabilities, or child attending a program26101
offered by a head start agency, shall stop at least ten feet from26102
the front or rear of the school bus and shall not proceed until26103
such school bus resumes motion, or until signaled by the school26104
bus driver to proceed.26105

       It is no defense to a charge under this division that the26106
school bus involved failed to display or be equipped with an26107
automatically extended stop warning sign as required by division26108
(B) of this section.26109

       (B) Every school bus shall be equipped with amber and red26110
visual signals meeting the requirements of section 4511.771 of the26111
Revised Code, and an automatically extended stop warning sign of a26112
type approved by the state board of education, which shall be26113
actuated by the driver of the bus whenever but only whenever the26114
bus is stopped or stopping on the roadway for the purpose of26115
receiving or discharging school children, persons attending26116
programs offered by community boards of mental health and county26117
boards of mental retardation and developmental disabilities, or26118
children attending programs offered by head start agencies. A26119
school bus driver shall not actuate the visual signals or the stop26120
warning sign in designated school bus loading areas where the bus26121
is entirely off the roadway or at school buildings when children26122
or persons attending programs offered by community boards of26123
mental health and county boards of mental retardation and26124
developmental disabilities are loading or unloading at curbside or26125
at buildings when children attending programs offered by head26126
start agencies are loading or unloading at curbside. The visual26127
signals and stop warning sign shall be synchronized or otherwise26128
operated as required by rule of the board.26129

       (C) Where a highway has been divided into four or more26130
traffic lanes, a driver of a vehicle, streetcar, or trackless26131
trolley need not stop for a school bus approaching from the26132
opposite direction which has stopped for the purpose of receiving26133
or discharging any school child, persons attending programs26134
offered by community boards of mental health and county boards of26135
mental retardation and developmental disabilities, or children26136
attending programs offered by head start agencies. The driver of26137
any vehicle, streetcar, or trackless trolley overtaking the school26138
bus shall comply with division (A) of this section.26139

       (D) School buses operating on divided highways or on26140
highways with four or more traffic lanes shall receive and26141
discharge all school children, persons attending programs offered26142
by community boards of mental health and county boards of mental26143
retardation and developmental disabilities, and children attending26144
programs offered by head start agencies on their residence side of26145
the highway.26146

       (E) No school bus driver shall start the driver's bus until26147
after any child, person attending programs offered by community26148
boards of mental health and county boards of mental retardation26149
and developmental disabilities, or child attending a program26150
offered by a head start agency who may have alighted therefrom has26151
reached a place of safety on the child's or person's residence26152
side of the road.26153

       (F)(1)Whoever violates division (A) of this section may be26154
fined an amount not to exceed five hundred dollars. A person who26155
is issued a citation for a violation of division (A) of this26156
section is not permitted to enter a written plea of guilty and26157
waive the person's right to contest the citation in a trial but26158
instead must appear in person in the proper court to answer the26159
charge.26160

       (2) In addition to and independent of any other penalty26161
provided by law, the court or mayor may impose upon an offender26162
who violates this section a class seven suspension of the26163
offender's driver's license, commercial driver's license,26164
temporary instruction permit, probationary license, or nonresident26165
operating privilege from the range specified in division (A)(7) of26166
section 4510.02 of the Revised Code. When a license is suspended26167
under this section, the court or mayor shall cause the offender to26168
deliver the license to the court, and the court or clerk of the26169
court immediately shall forward the license to the registrar of26170
motor vehicles, together with notice of the court's action.26171

       (G) As used in this section:26172

       (1) "Head start agency" has the same meaning as in division26173
(A)(1) of section 3301.31 of the Revised Code.26174

       (2) "School bus," as used in relation to children who attend26175
a program offered by a head start agency, means a bus that is26176
owned and operated by a head start agency, is equipped with an26177
automatically extended stop warning sign of a type approved by the26178
state board of education, is painted the color and displays the26179
markings described in section 4511.77 of the Revised Code, and is26180
equipped with amber and red visual signals meeting the26181
requirements of section 4511.771 of the Revised Code, irrespective26182
of whether or not the bus has fifteen or more children aboard at26183
any time. "School bus" does not include a van owned and operated26184
by a head start agency, irrespective of its color, lights, or26185
markings.26186

       Sec. 4511.751.  As used in this section, "license plate"26187
includes, but is not limited to, any temporary license placard26188
issued under section 4503.182 of the Revised Code or similar law26189
of another jurisdiction.26190

       When the operator of a school bus believes that a motorist26191
has violated division (A) of section 4511.75 of the Revised Code,26192
the operator shall report the license plate number and a general26193
description of the vehicle and of the operator of the vehicle to26194
the law enforcement agency exercising jurisdiction over the area26195
where the alleged violation occurred. The information contained26196
in the report relating to the license plate number and to the26197
general description of the vehicle and the operator of the vehicle26198
at the time of the alleged violation may be supplied by any person26199
with first-hand knowledge of the information. Information of which26200
the operator of the school bus has first-hand knowledge also may26201
be corroborated by any other person.26202

       Upon receipt of the report of the alleged violation of26203
division (A) of section 4511.75 of the Revised Code, the law26204
enforcement agency shall conduct an investigation to attempt to26205
determine or confirm the identity of the operator of the vehicle26206
at the time of the alleged violation. If the identity of the26207
operator at the time of the alleged violation is established, the26208
reporting of the license plate number of the vehicle shall26209
establish probable cause for the law enforcement agency to issue a26210
citation for the violation of division (A) of section 4511.75 of26211
the Revised Code. However, if the identity of the operator of the26212
vehicle at the time of the alleged violation cannot be26213
established, the law enforcement agency shall issue a warning to26214
the owner of the vehicle at the time of the alleged violation,26215
except in the case of a leased or rented vehicle when the warning26216
shall be issued to the lessee at the time of the alleged26217
violation.26218

       The registrar of motor vehicles and deputy registrars shall,26219
at the time of issuing license plates to any person, include with26220
the license plate a summary of the requirements of division (A) of26221
section 4511.75 of the Revised Code, the procedures of section26222
4507.165 of the Revised Code, and the procedures of, and penalty26223
in, division (G)(F) of section 4511.994511.75 of the Revised26224
Code.26225

       Sec. 4511.76.  (A) The department of public safety, by and26226
with the advice of the superintendent of public instruction, shall26227
adopt and enforce rules relating to the construction, design, and26228
equipment, including lighting equipment required by section26229
4511.771 of the Revised Code, of all school buses both publicly26230
and privately owned and operated in this state.26231

       (B) The department of education, by and with the advice of26232
the director of public safety, shall adopt and enforce rules26233
relating to the operation of all school buses both publicly and26234
privately owned and operated in this state.26235

       (C) No person shall operate a school bus within this state26236
in violation of the rules of the department of education or the26237
department of public safety. No person, being the owner thereof26238
or having the supervisory responsibility therefor, shall permit26239
the operation of a school bus within this state in violation of26240
the rules of the department of education or the department of26241
public safety.26242

       (D) The department of public safety shall adopt and enforce26243
rules relating to the issuance of a license under section 4511.76326244
of the Revised Code. The rules may relate to the moral character26245
of the applicant; the condition of the equipment to be operated;26246
the liability and property damage insurance carried by the26247
applicant; the posting of satisfactory and sufficient bond; and26248
such other rules as the director of public safety determines26249
reasonably necessary for the safety of the pupils to be26250
transported.26251

       (E)Except as otherwise provided in this division, whoever26252
violates this section is guilty of a minor misdemeanor. If the26253
offender previously has been convicted of or pleaded guilty to one26254
or more violations of this section or section 4511.63, 4511.761,26255
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26256
municipal ordinance that is substantially similar to any of those26257
sections, whoever violates this section is guilty of a misdemeanor26258
of the fourth degree.26259

       Sec. 4511.761. (A) The state highway patrol shall inspect26260
every school bus to ascertain whether its construction, design,26261
and equipment comply with the regulations adopted pursuant to26262
section 4511.76 of the Revised Code and all other provisions of26263
law.26264

       The superintendent of the state highway patrol shall adopt a26265
distinctive inspection decal not less than twelve inches in size,26266
and bearing the date of the inspection, which shall be affixed to26267
the outside surface of each side of each school bus which upon26268
such inspection is found to comply with the regulations adopted26269
pursuant to section 4511.76 of the Revised Code. The appearance26270
of said decal shall be changed from year to year as to shape and26271
color in order to provide easy visual inspection.26272

       No person shall operate, nor shall any person being the owner26273
thereof or having supervisory responsibility therefor permit the26274
operation of, a school bus within this state unless there are26275
displayed thereon the decals issued by the state highway patrol26276
bearing the proper date of inspection for the calendar year for26277
which the inspection decals were issued.26278

       (B) Except as otherwise provided in this division, whoever26279
violates this section is guilty of a minor misdemeanor. If the26280
offender previously has been convicted of or pleaded guilty to one26281
or more violations of this section or section 4511.63, 4511.76,26282
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26283
municipal ordinance that is substantially similar to any of those26284
sections, whoever violates this section is guilty of a misdemeanor26285
of the fourth degree.26286

       (C) Whenever a person is found guilty in a court of record26287
of a violation of this section, the trial judge, in addition to or26288
independent of all other penalties provided by law, may suspend26289
for any period of time not exceeding three years, or cancel the26290
license of any person, partnership, association, or corporation,26291
issued under section 4511.763 of the Revised Code.26292

       Sec. 4511.762.  (A) Except as provided in division (B) of26293
this section, no person who is the owner of a bus that previously26294
was registered as a school bus that is used or is to be used26295
exclusively for purposes other than the transportation of26296
children, shall operate the bus or permit it to be operated within26297
this state unless the bus has been painted a color different from26298
that prescribed for school buses by section 4511.77 of the Revised26299
Code and painted in such a way that the words "stop" and "school26300
bus" are obliterated.26301

       (B) Any church bus that previously was registered as a26302
school bus and is registered under section 4503.07 of the Revised26303
Code may retain the paint color prescribed for school buses by26304
section 4511.77 of the Revised Code if the bus complies with all26305
of the following:26306

       (1) The words "school bus" required by section 4511.77 of26307
the Revised Code are covered or obliterated and the bus is marked26308
on the front and rear with the words "church bus" painted in black26309
lettering not less than ten inches in height;26310

       (2) The automatically extended stop warning sign required by26311
section 4511.75 of the Revised Code is removed and the word "stop"26312
required by section 4511.77 of the Revised Code is covered or26313
obliterated;26314

       (3) The flashing red and amber lights required by section26315
4511.771 of the Revised Code are covered or removed;26316

       (4) The inspection decal required by section 4511.761 of the26317
Revised Code is covered or removed;26318

       (5) The identification number assigned under section26319
4511.764 of the Revised Code and marked in black lettering on the26320
front and rear of the bus is covered or obliterated.26321

       (C) Except as otherwise provided in this division, whoever26322
violates this section is guilty of a minor misdemeanor. If the26323
offender previously has been convicted of or pleaded guilty to one26324
or more violations of this section or section 4511.63, 4511.76,26325
4511.761, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26326
municipal ordinance that is substantially similar to any of those26327
sections, whoever violates this section is guilty of a misdemeanor26328
of the fourth degree.26329

       (D) Whenever a person is found guilty in a court of record26330
of a violation of this section, the trial judge, in addition to or26331
independent of all other penalties provided by law, may suspend26332
for any period of time not exceeding three years, or cancel the26333
license of any person, partnership, association, or corporation,26334
issued under section 4511.763 of the Revised Code.26335

       Sec. 4511.763. (A) No person, partnership, association, or26336
corporation shall transport pupils to or from school on a school26337
bus or enter into a contract with a board of education of any26338
school district for the transportation of pupils on a school bus,26339
without being licensed by the department of public safety.26340

       (B) Except as otherwise provided in this division, whoever26341
violates this section is guilty of a minor misdemeanor. If,26342
within one year of the offense, the offender previously has been26343
convicted of or pleaded guilty to one predicate motor vehicle or26344
traffic offense, whoever violates this section is guilty of a26345
misdemeanor of the fourth degree. If, within one year of the26346
offense, the offender previously has been convicted of two or more26347
predicate motor vehicle or traffic offenses, whoever violates this26348
section is guilty of a misdemeanor of the third degree.26349

       Sec. 4511.764. (A) The superintendent of the state highway26350
patrol shall require school buses to be registered, in the name of26351
the owner, with the state highway patrol on forms and in26352
accordance with regulations as the superintendent may adopt.26353

       When the superintendent is satisfied that the registration26354
has been completed, hethe superintendent shall assign an26355
identifying number to each school bus registered in accordance26356
with this section. The number so assigned shall be marked on the26357
front and rear of the vehicle in black lettering not less than six26358
inches in height and will remain unchanged as long as the26359
ownership of that vehicle remains the same.26360

       No person shall operate, nor shall any person, being the26361
owner thereof or having supervisory responsibility therefor,26362
permit the operation of a school bus within this state unless26363
there is displayed thereon an identifying number in accordance26364
with this section.26365

       (B) Except as otherwise provided in this division, whoever26366
violates this section is guilty of a minor misdemeanor. If the26367
offender previously has been convicted of or pleaded guilty to one26368
or more violations of section 4511.63, 4511.76, 4511.761,26369
4511.762, 4511.77, or 4511.79 of the Revised Code or a municipal26370
ordinance that is substantially similar to any of those sections,26371
whoever violates this section is guilty of a misdemeanor of the26372
fourth degree.26373

       Sec. 4511.77. (A) No person shall operate, nor shall any26374
person being the owner thereof or having supervisory26375
responsibility therefor permit the operation of, a school bus26376
within this state unless it is painted national school bus yellow26377
and is marked on both front and rear with the words "school bus"26378
in black lettering not less than eight inches in height and on the26379
rear of the bus with the word "stop" in black lettering not less26380
than ten inches in height.26381

       (B) Except as otherwise provided in this division, whoever26382
violates this section is guilty of a minor misdemeanor. If the26383
offender previously has been convicted of or pleaded guilty to one26384
or more violations of this section or section 4511.63, 4511.76,26385
4511.761, 4511.762, 4511.764, or 4511.79 of the Revised Code or a26386
municipal ordinance that is substantially similar to any of those26387
sections, whoever violates this section is guilty of a misdemeanor26388
of the fourth degree.26389

       (C) Whenever a person is found guilty in a court of record26390
of a violation of this section, the trial judge, in addition to or26391
independent of all other penalties provided by law, may suspend26392
for any period of time not exceeding three years, or cancel the26393
license of any person, partnership, association, or corporation,26394
issued under section 4511.763 of the Revised Code.26395

       Sec. 4511.771. (A) Every school bus shall, in addition to26396
any other equipment and distinctive markings required pursuant to26397
sections 4511.76, 4511.761, 4511.764, and 4511.77 of the Revised26398
Code, be equipped with signal lamps mounted as high as26399
practicable, which shall display to the front two alternately26400
flashing red lights and two alternately flashing amber lights26401
located at the same level and to the rear two alternately flashing26402
red lights and two alternately flashing amber lights located at26403
the same level, and these lights shall be visible at five hundred26404
feet in normal sunlight. The alternately flashing red lights26405
shall be spaced as widely as practicable, and the alternately26406
flashing amber lights shall be located next to them.26407

       (B) Except as otherwise provided in this division, whoever26408
violates this section is guilty of a minor misdemeanor. If,26409
within one year of the offense, the offender previously has been26410
convicted of or pleaded guilty to one predicate motor vehicle or26411
traffic offense, whoever violates this section is guilty of a26412
misdemeanor of the fourth degree. If, within one year of the26413
offense, the offender previously has been convicted of two or more26414
predicate motor vehicle or traffic offenses, whoever violates this26415
section is guilty of a misdemeanor of the third degree.26416

       Sec. 4511.772. (A) On and after the effective date of this26417
sectionMay 6, 1986, no person, school board, or governmental26418
entity shall purchase, lease, or rent a new school bus unless the26419
school bus has an occupant restraining device, as defined in26420
section 4513.263 of the Revised Code, installed for use in its26421
operator's seat.26422

       (B) Whoever violates this section is guilty of a minor26423
misdemeanor.26424

       Sec. 4511.78.  (A) As used in this section:26425

       (1) "Mass transit system" means any county transit system,26426
regional transit authority, regional transit commission,26427
municipally owned transportation system, mass transit company26428
operating exclusively within the territorial limits of a municipal26429
corporation, or within such limits and the territorial limits of26430
municipal corporations immediately contiguous to such municipal26431
corporation, and any common passenger carrier certified by the26432
public utilities commission, that provides transportation for26433
children to or from a school session or a school function.26434

       (2) "Bus" means every motor vehicle designed for carrying26435
more than nine passengers and used for the transportation of26436
persons, but does not mean any school bus as defined in section26437
4511.01 of the Revised Code.26438

       (B) Whenever a mass transit system transports children to or26439
from a school session or school function, the mass transit system26440
shall provide for:26441

       (1) Periodic safety inspections of all buses used to provide26442
transportation service. The inspections shall be based on rules26443
adopted by the public utilities commission under Chapters 4921.26444
and 4923. of the Revised Code to ensure the safety of operation of26445
motor transportation companies and private motor carriers.26446

       (2) The safety training of all drivers operating buses used26447
to provide transportation service;26448

       (3) The equipping of every bus with outside rear-view26449
mirrors meeting the motor carrier regulations for bus equipment26450
adopted by the federal highway administration. No exclusions from26451
this requirement granted under the federal regulations shall be26452
considered exclusions for the purposes of this division.26453

       (C) Except as otherwise provided in this division, whoever26454
violates this section is guilty of a minor misdemeanor. If,26455
within one year of the offense, the offender previously has been26456
convicted of or pleaded guilty to one predicate motor vehicle or26457
traffic offense, whoever violates this section is guilty of a26458
misdemeanor of the fourth degree. If, within one year of the26459
offense, the offender previously has been convicted of two or more26460
predicate motor vehicle or traffic offenses, whoever violates this26461
section is guilty of a misdemeanor of the third degree.26462

       Sec. 4511.79.  (A) No person shall drive a "commercial motor26463
vehicle" as defined in section 4506.01 of the Revised Code, or a26464
"commercial car" or "commercial tractor," as defined in section26465
4501.01 of the Revised Code, while histhe person's ability or26466
alertness is so impaired by fatigue, illness, or other causes that26467
it is unsafe for himthe person to drive such vehicle. No driver26468
shall use any drug which would adversely affect histhe driver's26469
ability or alertness.26470

       (B) No owner, as defined in section 4501.01 of the Revised26471
Code, of a "commercial motor vehicle," "commercial car," or26472
"commercial tractor," or a person employing or otherwise directing26473
the driver of such vehicle, shall require or knowingly permit a26474
driver in any such condition described in division (A) of this26475
section to drive such vehicle upon any street or highway.26476

       (C) Except as otherwise provided in this division, whoever26477
violates this section is guilty of a minor misdemeanor. If the26478
offender previously has been convicted of or pleaded guilty to one26479
or more violations of this section or section 4511.63, 4511.76,26480
4511.761, 4511.762, 4511.764, Or 4511.77 of the Revised Code or a26481
municipal ordinance that is substantially similar to any of those26482
sections, whoever violates this section is guilty of a misdemeanor26483
of the fourth degree.26484

       Sec. 4511.81.  (A) When any child who is in either or both26485
of the following categories is being transported in a motor26486
vehicle, other than a taxicab or public safety vehicle as defined26487
in section 4511.01 of the Revised Code, that is registered in this26488
state and is required by the United States department of26489
transportation to be equipped with seat belts at the time of26490
manufacture or assembly, the operator of the motor vehicle shall26491
have the child properly secured in accordance with the26492
manufacturer's instructions in a child restraint system that meets26493
federal motor vehicle safety standards:26494

       (1) A child who is less than four years of age;26495

       (2) A child who weighs less than forty pounds.26496

       (B) When any child who is in either or both of the following26497
categories is being transported in a motor vehicle, other than a26498
taxicab, that is registered in this state and is owned, leased, or26499
otherwise under the control of a nursery school, kindergarten, or26500
day-care center, the operator of the motor vehicle shall have the26501
child properly secured in accordance with the manufacturer's26502
instructions in a child restraint system that meets federal motor26503
vehicle safety standards:26504

       (1) A child who is less than four years of age;26505

       (2) A child who weighs less than forty pounds.26506

       (C) The director of public safety shall adopt such rules as26507
are necessary to carry out this section.26508

       (D) The failure of an operator of a motor vehicle to secure26509
a child in a child restraint system as required by this section is26510
not negligence imputable to the child, is not admissible as26511
evidence in any civil action involving the rights of the child26512
against any other person allegedly liable for injuries to the26513
child, is not to be used as a basis for a criminal prosecution of26514
the operator of the motor vehicle other than a prosecution for a26515
violation of this section, and is not admissible as evidence in26516
any criminal action involving the operator of the motor vehicle26517
other than a prosecution for a violation of this section.26518

       (E) This section does not apply when an emergency exists26519
that threatens the life of any person operating a motor vehicle26520
and to whom this section otherwise would apply or the life of any26521
child who otherwise would be required to be restrained under this26522
section.26523

       (F) If a person who is not a resident of this state is26524
charged with a violation of division (A) or (B) of this section26525
and does not prove to the court, by a preponderance of the26526
evidence, that the person's use or nonuse of a child restraint26527
system was in accordance with the law of the state of which the26528
person is a resident, the court shall impose the fine levied by26529
division (H)(2) of this section 4511.99 of the Revised Code.26530

       (G) There is hereby created in the state treasury the "child26531
highway safety fund," consisting of fines imposed pursuant to26532
divisions (H)(1) and (2) of this section 4511.99 of the Revised26533
Code for violations of divisions (A) and (B) of this section. The26534
money in the fund shall be used by the department of health only26535
to defray the cost of verifying pediatric trauma centers under26536
section 3702.161 of the Revised Code and to establish and26537
administer a child highway safety program. The purpose of the26538
program shall be to educate the public about child restraint26539
systems generally and the importance of their proper use. The26540
program also shall include a process for providing child restraint26541
systems to persons who meet the eligibility criteria established26542
by the department, and a toll-free telephone number the public may26543
utilize to obtain information about child restraint systems and26544
their proper use.26545

       The director of health, in accordance with Chapter 119. of26546
the Revised Code, shall adopt any rules necessary to carry out26547
this section, including rules establishing the criteria a person26548
must meet in order to receive a child restraint system under the26549
department's child restraint system program; provided that rules26550
relating to the verification of pediatric trauma centers shall not26551
be adopted under this section.26552

       (H)(1) Whoever is a resident of this state and violates26553
division (A) or (B) of this section shall be punished as follows:26554

       (a) Except as otherwise provided in division (H)(1)(b) of26555
this section, the offender is guilty of a minor misdemeanor.26556

       (b) If the offender previously has been convicted of or26557
pleaded guilty to a violation of division (A) or (B) of this26558
section or of a municipal ordinance that is substantially similar26559
to either of those divisions, the offender is guilty of a26560
misdemeanor of the fourth degree.26561

       (2) Whoever is not a resident of this state, violates26562
division (A) or (B) of this section, and fails to prove by a26563
preponderance of the evidence that the offender's use or nonuse of26564
a child restraint system was in accordance with the law of the26565
state of which the offender is a resident is guilty of a minor26566
misdemeanor on a first offense; on a second or subsequent offense,26567
that person is guilty of a misdemeanor of the fourth degree.26568

       (3) All fines imposed pursuant to division (H)(1) or (2) of26569
this section shall be forwarded to the treasurer of state for26570
deposit in the "child highway safety fund" created by division (G)26571
of this section. 26572

       Sec. 4511.82.  (A) No operator or occupant of a motor26573
vehicle shall, regardless of intent, throw, drop, discard, or26574
deposit litter from any motor vehicle in operation upon any26575
street, road, or highway, except into a litter receptacle in a26576
manner that prevents its being carried away or deposited by the26577
elements.26578

       (B) No operator of a motor vehicle in operation upon any26579
street, road, or highway shall allow litter to be thrown, dropped,26580
discarded, or deposited from the motor vehicle, except into a26581
litter receptacle in a manner that prevents its being carried away26582
or deposited by the elements.26583

       (C) Whoever violates division (A) or (B) of this section is26584
guilty of a minor misdemeanor.26585

       (D) As used in this section, "litter" means garbage, trash,26586
waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes,26587
automobile parts, furniture, glass, or anything else of an26588
unsightly or unsanitary nature.26589

       Sec. 4511.84.  (A) No person shall operate a motor vehicle26590
while wearing earphones over, or earplugs in, both ears. As used26591
in this section, "earphones" means any headset, radio, tape26592
player, or other similar device that provides the listener with26593
radio programs, music, or other recorded information through a26594
device attached to the head and that covers all or a portion of26595
both ears. "Earphones" does not include speakers or other26596
listening devices that are built into protective headgear.26597

       (B) This section does not apply to:26598

       (1) Any person wearing a hearing aid;26599

       (2) Law enforcement personnel while on duty;26600

       (3) Fire department personnel and emergency medical service26601
personnel while on duty;26602

       (4) Any person engaged in the operation of equipment for use26603
in the maintenance or repair of any highway;26604

       (5) Any person engaged in the operation of refuse collection26605
equipment.26606

       (C) Except as otherwise provided in this division, whoever26607
violates this section is guilty of a minor misdemeanor. If,26608
within one year of the offense, the offender previously has been26609
convicted of or pleaded guilty to one predicate motor vehicle or26610
traffic offense, whoever violates this section is guilty of a26611
misdemeanor of the fourth degree. If, within one year of the26612
offense, the offender previously has been convicted of two or more26613
predicate motor vehicle or traffic offenses, whoever violates this26614
section is guilty of a misdemeanor of the third degree.26615

       Sec. 4511.85.  (A) The operator of a chauffeured limousine26616
shall accept passengers only on the basis of prearranged26617
contracts, as defined in division (LL) of section 4501.01 of the26618
Revised Code, and shall not cruise in search of patronage unless26619
the limousine is in compliance with any statute or ordinance26620
governing the operation of taxicabs or other similar vehicles for26621
hire.26622

       (B) No person shall advertise or hold self out as doing26623
business as a limousine service or livery service or other similar26624
designation unless each vehicle used by the person to provide the26625
service is registered in accordance with section 4503.24 of the26626
Revised Code and is in compliance with section 4509.80 of the26627
Revised Code.26628

       (C) Whoever violates this section is guilty of a misdemeanor26629
of the first degree.26630

       Sec. 4511.99. (A) Whoever violates division (A)(1), (2),26631
(3), or (4) of section 4511.19 of the Revised Code, in addition to26632
the license suspension or revocation provided in section 4507.1626633
of the Revised Code and any disqualification imposed under section26634
4506.16 of the Revised Code, shall be punished as provided in26635
division (A)(1), (2), (3), or (4) of this section. Whoever26636
violates division (A)(5), (6), or (7) of section 4511.19 of the26637
Revised Code, in addition to the license suspension or revocation26638
provided in section 4507.16 of the Revised Code and any26639
disqualification imposed under section 4506.16 of the Revised26640
Code, shall be punished as provided in division (A)(5), (6), (7),26641
or (8) of this section.26642

       (1) Except as otherwise provided in division (A)(2), (3), or26643
(4) of this section, the offender is guilty of a misdemeanor of26644
the first degree and the court shall sentence the offender to a26645
term of imprisonment of three consecutive days and may sentence26646
the offender pursuant to section 2929.21 of the Revised Code to a26647
longer term of imprisonment. In addition, the court shall impose26648
upon the offender a fine of not less than two hundred fifty and26649
not more than one thousand dollars.26650

       The court may suspend the execution of the mandatory three26651
consecutive days of imprisonment that it is required to impose by26652
this division, if the court, in lieu of the suspended term of26653
imprisonment, places the offender on probation and requires the26654
offender to attend, for three consecutive days, a drivers'26655
intervention program that is certified pursuant to section 3793.1026656
of the Revised Code. The court also may suspend the execution of26657
any part of the mandatory three consecutive days of imprisonment26658
that it is required to impose by this division, if the court26659
places the offender on probation for part of the three consecutive26660
days; requires the offender to attend, for that part of the three26661
consecutive days, a drivers' intervention program that is26662
certified pursuant to section 3793.10 of the Revised Code; and26663
sentences the offender to a term of imprisonment equal to the26664
remainder of the three consecutive days that the offender does not26665
spend attending the drivers' intervention program. The court may26666
require the offender, as a condition of probation, to attend and26667
satisfactorily complete any treatment or education programs that26668
comply with the minimum standards adopted pursuant to Chapter26669
3793. of the Revised Code by the director of alcohol and drug26670
addiction services, in addition to the required attendance at a26671
drivers' intervention program, that the operators of the drivers'26672
intervention program determine that the offender should attend and26673
to report periodically to the court on the offender's progress in26674
the programs. The court also may impose any other conditions of26675
probation on the offender that it considers necessary.26676

       Of the fine imposed pursuant to this division, twenty-five26677
dollars shall be paid to an enforcement and education fund26678
established by the legislative authority of the law enforcement26679
agency in this state that primarily was responsible for the arrest26680
of the offender, as determined by the court that imposes the fine.26681
This share shall be used by the agency to pay only those costs it26682
incurs in enforcing section 4511.19 of the Revised Code or a26683
substantially similar municipal ordinance and in informing the26684
public of the laws governing the operation of a motor vehicle26685
while under the influence of alcohol, the dangers of operating a26686
motor vehicle while under the influence of alcohol, and other26687
information relating to the operation of a motor vehicle and the26688
consumption of alcoholic beverages. Fifty dollars of the fine26689
imposed pursuant to this division shall be paid to the political26690
subdivision that pays the cost of housing the offender during the26691
offender's term of incarceration to the credit of the fund that26692
pays the cost of the incarceration. If the offender was confined26693
as a result of the offense prior to being sentenced for the26694
offense but is not sentenced to a term of incarceration, the fifty26695
dollars shall be paid to the political subdivision that paid the26696
cost of housing the offender during that period of confinement.26697
The political subdivision shall use this share to pay or reimburse26698
incarceration or treatment costs it incurs in housing or providing26699
drug and alcohol treatment to persons who violate section 4511.1926700
of the Revised Code or a substantially similar municipal ordinance26701
and to pay for ignition interlock devices and electronic house26702
arrest equipment for persons who violate that section. 26703
Twenty-five dollars of the fine imposed pursuant to this division26704
shall be deposited into the county indigent drivers alcohol26705
treatment fund or municipal indigent drivers alcohol treatment26706
fund under the control of that court, as created by the county or26707
municipal corporation pursuant to division (N) of section 4511.19126708
of the Revised Code. The balance of the fine shall be disbursed26709
as otherwise provided by law.26710

       (2)(a) Except as otherwise provided in division (A)(4) of26711
this section, the offender is guilty of a misdemeanor of the first26712
degree, and, except as provided in this division, the court shall26713
sentence the offender to a term of imprisonment of ten consecutive26714
days and may sentence the offender pursuant to section 2929.21 of26715
the Revised Code to a longer term of imprisonment if, within six26716
years of the offense, the offender has been convicted of or26717
pleaded guilty to one violation of the following:26718

       (i) Division (A) or (B) of section 4511.19 of the Revised26719
Code;26720

       (ii) A municipal ordinance relating to operating a vehicle26721
while under the influence of alcohol, a drug of abuse, or alcohol26722
and a drug of abuse;26723

       (iii) A municipal ordinance relating to operating a vehicle26724
with a prohibited concentration of alcohol in the blood, breath,26725
or urine;26726

       (iv) Section 2903.04 of the Revised Code in a case in which26727
the offender was subject to the sanctions described in division26728
(D) of that section;26729

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of26730
section 2903.08 of the Revised Code or a municipal ordinance that26731
is substantially similar to either of those divisions;26732

       (vi) Division (A)(2), (3), or (4) of section 2903.06,26733
division (A)(2) of section 2903.08, or former section 2903.07 of26734
the Revised Code, or a municipal ordinance that is substantially26735
similar to any of those divisions or that former section, in a26736
case in which the jury or judge found that the offender was under26737
the influence of alcohol, a drug of abuse, or alcohol and a drug26738
of abuse;26739

       (vii) A statute of the United States or of any other state26740
or a municipal ordinance of a municipal corporation located in any26741
other state that is substantially similar to division (A) or (B)26742
of section 4511.19 of the Revised Code.26743

       As an alternative to the term of imprisonment required to be26744
imposed by this division, but subject to division (A)(12) of this26745
section, the court may impose upon the offender a sentence26746
consisting of both a term of imprisonment of five consecutive days26747
and not less than eighteen consecutive days of electronically26748
monitored house arrest as defined in division (A) of section26749
2929.23 of the Revised Code. The five consecutive days of26750
imprisonment and the period of electronically monitored house26751
arrest shall not exceed six months. The five consecutive days of26752
imprisonment do not have to be served prior to or consecutively26753
with the period of electronically monitored house arrest.26754

       In addition, the court shall impose upon the offender a fine26755
of not less than three hundred fifty and not more than one26756
thousand five hundred dollars.26757

       In addition to any other sentence that it imposes upon the26758
offender, the court may require the offender to attend a drivers'26759
intervention program that is certified pursuant to section 3793.1026760
of the Revised Code. If the officials of the drivers'26761
intervention program determine that the offender is alcohol26762
dependent, they shall notify the court, and the court shall order26763
the offender to obtain treatment through an alcohol and drug26764
addiction program authorized by section 3793.02 of the Revised26765
Code. The cost of the treatment shall be paid by the offender.26766

       Of the fine imposed pursuant to this division, thirty-five26767
dollars shall be paid to an enforcement and education fund26768
established by the legislative authority of the law enforcement26769
agency in this state that primarily was responsible for the arrest26770
of the offender, as determined by the court that imposes the fine.26771
This share shall be used by the agency to pay only those costs it26772
incurs in enforcing section 4511.19 of the Revised Code or a26773
substantially similar municipal ordinance and in informing the26774
public of the laws governing the operation of a motor vehicle26775
while under the influence of alcohol, the dangers of operating a26776
motor vehicle while under the influence of alcohol, and other26777
information relating to the operation of a motor vehicle and the26778
consumption of alcoholic beverages. One hundred fifteen dollars26779
of the fine imposed pursuant to this division shall be paid to the26780
political subdivision that pays the cost of housing the offender26781
during the offender's term of incarceration. This share shall be26782
used by the political subdivision to pay or reimburse26783
incarceration or treatment costs it incurs in housing or providing26784
drug and alcohol treatment to persons who violate section 4511.1926785
of the Revised Code or a substantially similar municipal ordinance26786
and to pay for ignition interlock devices and electronic house26787
arrest equipment for persons who violate that section, and shall26788
be paid to the credit of the fund that pays the cost of the26789
incarceration. Fifty dollars of the fine imposed pursuant to this26790
division shall be deposited into the county indigent drivers26791
alcohol treatment fund or municipal indigent drivers alcohol26792
treatment fund under the control of that court, as created by the26793
county or municipal corporation pursuant to division (N) of26794
section 4511.191 of the Revised Code. The balance of the fine26795
shall be disbursed as otherwise provided by law.26796

       (b) Regardless of whether the vehicle the offender was26797
operating at the time of the offense is registered in the26798
offender's name or in the name of another person, the court, in26799
addition to the penalties imposed under division (A)(2)(a) of this26800
section and all other penalties provided by law and subject to26801
section 4503.235 of the Revised Code, shall order the26802
immobilization for ninety days of the vehicle the offender was26803
operating at the time of the offense and the impoundment for26804
ninety days of the identification license plates of that vehicle.26805
The order for the immobilization and impoundment shall be issued26806
and enforced in accordance with section 4503.233 of the Revised26807
Code.26808

       (3)(a) Except as otherwise provided in division (A)(4) of26809
this section and except as provided in this division, if, within26810
six years of the offense, the offender has been convicted of or26811
pleaded guilty to two violations identified in division (A)(2) of26812
this section, the court shall sentence the offender to a term of26813
imprisonment of thirty consecutive days and may sentence the26814
offender to a longer definite term of imprisonment of not more26815
than one year. As an alternative to the term of imprisonment26816
required to be imposed by this division, but subject to division26817
(A)(12) of this section, the court may impose upon the offender a26818
sentence consisting of both a term of imprisonment of fifteen26819
consecutive days and not less than fifty-five consecutive days of26820
electronically monitored house arrest as defined in division (A)26821
of section 2929.23 of the Revised Code. The fifteen consecutive26822
days of imprisonment and the period of electronically monitored26823
house arrest shall not exceed one year. The fifteen consecutive26824
days of imprisonment do not have to be served prior to or26825
consecutively with the period of electronically monitored house26826
arrest.26827

       In addition, the court shall impose upon the offender a fine26828
of not less than five hundred fifty and not more than two thousand26829
five hundred dollars.26830

       In addition to any other sentence that it imposes upon the26831
offender, the court shall require the offender to attend an26832
alcohol and drug addiction program authorized by section 3793.0226833
of the Revised Code. The cost of the treatment shall be paid by26834
the offender. If the court determines that the offender is unable26835
to pay the cost of attendance at the treatment program, the court26836
may order that payment of the cost of the offender's attendance at26837
the treatment program be made from that court's indigent drivers26838
alcohol treatment fund.26839

       Of the fine imposed pursuant to this division, one hundred26840
twenty-three dollars shall be paid to an enforcement and education26841
fund established by the legislative authority of the law26842
enforcement agency in this state that primarily was responsible26843
for the arrest of the offender, as determined by the court that26844
imposes the fine. This share shall be used by the agency to pay26845
only those costs it incurs in enforcing section 4511.19 of the26846
Revised Code or a substantially similar municipal ordinance and in26847
informing the public of the laws governing the operation of a26848
motor vehicle while under the influence of alcohol, the dangers of26849
operating a motor vehicle while under the influence of alcohol,26850
and other information relating to the operation of a motor vehicle26851
and the consumption of alcoholic beverages. Two hundred26852
seventy-seven dollars of the fine imposed pursuant to this26853
division shall be paid to the political subdivision that pays the26854
cost of housing the offender during the offender's term of26855
incarceration. This share shall be used by the political26856
subdivision to pay or reimburse incarceration or treatment costs26857
it incurs in housing or providing drug and alcohol treatment to26858
persons who violate section 4511.19 of the Revised Code or a26859
substantially similar municipal ordinance and to pay for ignition26860
interlock devices and electronic house arrest equipment for26861
persons who violate that section and shall be paid to the credit26862
of the fund that pays the cost of incarceration. The balance of26863
the fine shall be disbursed as otherwise provided by law.26864

       (b) Regardless of whether the vehicle the offender was26865
operating at the time of the offense is registered in the26866
offender's name or in the name of another person, the court, in26867
addition to the penalties imposed under division (A)(3)(a) of this26868
section and all other penalties provided by law and subject to26869
section 4503.235 of the Revised Code, shall order the criminal26870
forfeiture to the state of the vehicle the offender was operating26871
at the time of the offense. The order of criminal forfeiture26872
shall be issued and enforced in accordance with section 4503.23426873
of the Revised Code.26874

       (4)(a)(i) If, within six years of the offense, the offender26875
has been convicted of or pleaded guilty to three or more26876
violations identified in division (A)(2) of this section, and if26877
sentence is not required to be imposed under division26878
(A)(4)(a)(ii) of this section, the offender is guilty of a felony26879
of the fourth degree and, notwithstanding division (A)(4) of26880
section 2929.14 of the Revised Code, may be sentenced to a26881
definite prison term that shall be not less than six months and26882
not more than thirty months. The court shall sentence the26883
offender in accordance with sections 2929.11 to 2929.19 of the26884
Revised Code and shall impose as part of the sentence either a26885
mandatory term of local incarceration of sixty consecutive days of26886
imprisonment in accordance with division (G)(1) of section 2929.1326887
of the Revised Code or a mandatory prison term of sixty26888
consecutive days of imprisonment in accordance with division26889
(G)(2) of that section. If the court requires the offender to26890
serve a mandatory term of local incarceration of sixty consecutive26891
days of imprisonment in accordance with division (G)(1) of section26892
2929.13 of the Revised Code, the court, pursuant to section26893
2929.17 of the Revised Code, may impose upon the offender a26894
sentence that includes a term of electronically monitored house26895
arrest, provided that the term of electronically monitored house26896
arrest shall not commence until after the offender has served the26897
mandatory term of local incarceration.26898

       (ii) If the offender previously has been convicted of or26899
pleaded guilty to a violation of division (A) of section 4511.1926900
of the Revised Code under circumstances in which the violation was26901
a felony, regardless of when the prior violation and the prior26902
conviction or guilty plea occurred, the offender is guilty of a26903
felony of the third degree. The court shall sentence the offender26904
in accordance with sections 2929.11 to 2929.19 of the Revised Code26905
and shall impose as part of the sentence a mandatory prison term26906
of sixty consecutive days of imprisonment in accordance with26907
division (G)(2) of section 2929.13 of the Revised Code.26908

       (iii) In addition to all other sanctions imposed on an26909
offender under division (A)(4)(a)(i) or (ii) of this section, the26910
court shall impose upon the offender, pursuant to section 2929.1826911
of the Revised Code, a fine of not less than eight hundred nor26912
more than ten thousand dollars.26913

       In addition to any other sanction that it imposes upon the26914
offender under division (A)(4)(a)(i) or (ii) of this section, the26915
court shall require the offender to attend an alcohol and drug26916
addiction program authorized by section 3793.02 of the Revised26917
Code. The cost of the treatment shall be paid by the offender. If26918
the court determines that the offender is unable to pay the cost26919
of attendance at the treatment program, the court may order that26920
payment of the cost of the offender's attendance at the treatment26921
program be made from the court's indigent drivers alcohol26922
treatment fund.26923

       Of the fine imposed pursuant to this division, two hundred26924
ten dollars shall be paid to an enforcement and education fund26925
established by the legislative authority of the law enforcement26926
agency in this state that primarily was responsible for the arrest26927
of the offender, as determined by the court that imposes the fine.26928
This share shall be used by the agency to pay only those costs it26929
incurs in enforcing section 4511.19 of the Revised Code or a26930
substantially similar municipal ordinance and in informing the26931
public of the laws governing operation of a motor vehicle while26932
under the influence of alcohol, the dangers of operation of a26933
motor vehicle while under the influence of alcohol, and other26934
information relating to the operation of a motor vehicle and the26935
consumption of alcoholic beverages. Four hundred forty dollars of26936
the fine imposed pursuant to this division shall be paid to the26937
political subdivision that pays the cost of housing the offender26938
during the offender's term of incarceration. This share shall be26939
used by the political subdivision to pay or reimburse26940
incarceration or treatment costs it incurs in housing or providing26941
drug and alcohol treatment to persons who violate section 4511.1926942
of the Revised Code or a substantially similar municipal ordinance26943
and to pay for ignition interlock devices and electronic house26944
arrest equipment for persons who violate that section, and shall26945
be paid to the credit of the fund that pays the cost of26946
incarceration. The balance of the fine shall be disbursed as26947
otherwise provided by law.26948

       (b) Regardless of whether the vehicle the offender was26949
operating at the time of the offense is registered in the26950
offender's name or in the name of another person, the court, in26951
addition to the sanctions imposed under division (A)(4)(a) of this26952
section and all other sanctions provided by law and subject to26953
section 4503.235 of the Revised Code, shall order the criminal26954
forfeiture to the state of the vehicle the offender was operating26955
at the time of the offense. The order of criminal forfeiture26956
shall be issued and enforced in accordance with section 4503.23426957
of the Revised Code.26958

       (c) As used in division (A)(4)(a) of this section,26959
"mandatory prison term" and "mandatory term of local26960
incarceration" have the same meanings as in section 2929.01 of the26961
Revised Code.26962

       If title to a motor vehicle that is subject to an order for26963
criminal forfeiture under this section is assigned or transferred26964
and division (C)(2) or (3) of section 4503.234 of the Revised Code26965
applies, in addition to or independent of any other penalty26966
established by law, the court may fine the offender the value of26967
the vehicle as determined by publications of the national auto26968
dealer's association. The proceeds from any fine imposed under26969
this division shall be distributed in accordance with division26970
(D)(4) of section 4503.234 of the Revised Code.26971

       (5)(a) Except as otherwise provided in division (A)(6), (7),26972
or (8) of this section, the offender is guilty of a misdemeanor of26973
the first degree, and the court shall sentence the offender to one26974
of the following:26975

       (i) A term of imprisonment of at least three consecutive26976
days and a requirement that the offender attend, for three26977
consecutive days, a drivers' intervention program that is26978
certified pursuant to section 3793.10 of the Revised Code;26979

       (ii) If the court determines that the offender is not26980
conducive to treatment in the program, if the offender refuses to26981
attend the program, or if the place of imprisonment can provide a26982
drivers' intervention program, a term of imprisonment of at least26983
six consecutive days.26984

       (b) In addition, the court shall impose upon the offender a26985
fine of not less than two hundred fifty and not more than one26986
thousand dollars.26987

       The court may require the offender, as a condition of26988
probation, to attend and satisfactorily complete any treatment or26989
education programs that comply with the minimum standards adopted26990
pursuant to Chapter 3793. of the Revised Code by the director of26991
alcohol and drug addiction services, in addition to the required26992
attendance at a drivers' intervention program, that the operators26993
of the drivers' intervention program determine that the offender26994
should attend and to report periodically to the court on the26995
offender's progress in the programs. The court also may impose26996
any other conditions of probation on the offender that it26997
considers necessary.26998

       Of the fine imposed pursuant to this division, twenty-five26999
dollars shall be paid to an enforcement and education fund27000
established by the legislative authority of the law enforcement27001
agency in this state that primarily was responsible for the arrest27002
of the offender, as determined by the court that imposes the fine.27003
The agency shall use this share to pay only those costs it incurs27004
in enforcing section 4511.19 of the Revised Code or a27005
substantially similar municipal ordinance and in informing the27006
public of the laws governing the operation of a motor vehicle27007
while under the influence of alcohol, the dangers of operating a27008
motor vehicle while under the influence of alcohol, and other27009
information relating to the operation of a motor vehicle and the27010
consumption of alcoholic beverages. Fifty dollars of the fine27011
imposed pursuant to this division shall be paid to the political27012
subdivision that pays the cost of housing the offender during the27013
offender's term of incarceration to the credit of the fund that27014
pays the cost of the incarceration. The political subdivision27015
shall use this share to pay or reimburse incarceration or27016
treatment costs it incurs in housing or providing drug and alcohol27017
treatment to persons who violate section 4511.19 of the Revised27018
Code or a substantially similar municipal ordinance and to pay for27019
ignition interlock devices and electronic house arrest equipment27020
for persons who violate that section. Twenty-five dollars of the27021
fine imposed pursuant to this division shall be deposited into the27022
county indigent drivers alcohol treatment fund or municipal27023
indigent drivers alcohol treatment fund under the control of that27024
court, as created by the county or municipal corporation pursuant27025
to division (N) of section 4511.191 of the Revised Code. The27026
balance of the fine shall be disbursed as otherwise provided by27027
law.27028

       (6)(a) Except as otherwise provided in division (A)(8) of27029
this section and except as provided in this division, if, within27030
six years of the offense, the offender has been convicted of or27031
pleaded guilty to one violation of division (A) or (B) of section27032
4511.19 of the Revised Code, a municipal ordinance relating to27033
operating a vehicle while under the influence of alcohol, a drug27034
of abuse, or alcohol and a drug of abuse, a municipal ordinance27035
relating to operating a vehicle with a prohibited concentration of27036
alcohol in the blood, breath, or urine, section 2903.04 of the27037
Revised Code in a case in which the offender was subject to the27038
sanctions described in division (D) of that section, section27039
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27040
ordinance that is substantially similar to section 2903.07 of the27041
Revised Code in a case in which the jury or judge found that the27042
offender was under the influence of alcohol, a drug of abuse, or27043
alcohol and a drug of abuse, or a statute of the United States or27044
of any other state or a municipal ordinance of a municipal27045
corporation located in any other state that is substantially27046
similar to division (A) or (B) of section 4511.19 of the Revised27047
Code, the offender is guilty of a misdemeanor of the first degree,27048
and the court shall sentence the offender to a term of27049
imprisonment of twenty consecutive days and may sentence the27050
offender pursuant to section 2929.21 of the Revised Code to a27051
longer term of imprisonment. As an alternative to the term of27052
imprisonment required to be imposed by this division, but subject27053
to division (A)(12) of this section, the court may impose upon the27054
offender a sentence consisting of both a term of imprisonment of27055
ten consecutive days and not less than thirty-six consecutive days27056
of electronically monitored house arrest as defined in division27057
(A) of section 2929.23 of the Revised Code. The ten consecutive27058
days of imprisonment and the period of electronically monitored27059
house arrest shall not exceed six months. The ten consecutive27060
days of imprisonment do not have to be served prior to or27061
consecutively with the period of electronically monitored house27062
arrest.27063

       In addition, the court shall impose upon the offender a fine27064
of not less than three hundred fifty and not more than one27065
thousand five hundred dollars.27066

       In addition to any other sentence that it imposes upon the27067
offender, the court may require the offender to attend a drivers'27068
intervention program that is certified pursuant to section 3793.1027069
of the Revised Code. If the officials of the drivers'27070
intervention program determine that the offender is alcohol27071
dependent, they shall notify the court, and the court shall order27072
the offender to obtain treatment through an alcohol and drug27073
addiction program authorized by section 3793.02 of the Revised27074
Code. The offender shall pay the cost of the treatment.27075

       Of the fine imposed pursuant to this division, thirty-five27076
dollars shall be paid to an enforcement and education fund27077
established by the legislative authority of the law enforcement27078
agency in this state that primarily was responsible for the arrest27079
of the offender, as determined by the court that imposes the fine.27080
The agency shall use this share to pay only those costs it incurs27081
in enforcing section 4511.19 of the Revised Code or a27082
substantially similar municipal ordinance and in informing the27083
public of the laws governing the operation of a motor vehicle27084
while under the influence of alcohol, the dangers of operating a27085
motor vehicle while under the influence of alcohol, and other27086
information relating to the operation of a motor vehicle and the27087
consumption of alcoholic beverages. One hundred fifteen dollars27088
of the fine imposed pursuant to this division shall be paid to the27089
political subdivision that pays the cost of housing the offender27090
during the offender's term of incarceration. The political27091
subdivision shall use this share to pay or reimburse incarceration27092
or treatment costs it incurs in housing or providing drug and27093
alcohol treatment to persons who violate section 4511.19 of the27094
Revised Code or a substantially similar municipal ordinance and to27095
pay for ignition interlock devices and electronic house arrest27096
equipment for persons who violate that section, and this share27097
shall be paid to the credit of the fund that pays the cost of the27098
incarceration. Fifty dollars of the fine imposed pursuant to this27099
division shall be deposited into the county indigent drivers27100
alcohol treatment fund or municipal indigent drivers alcohol27101
treatment fund under the control of that court, as created by the27102
county or municipal corporation pursuant to division (N) of27103
section 4511.191 of the Revised Code. The balance of the fine27104
shall be disbursed as otherwise provided by law.27105

       (b) Regardless of whether the vehicle the offender was27106
operating at the time of the offense is registered in the27107
offender's name or in the name of another person, the court, in27108
addition to the penalties imposed under division (A)(6)(a) of this27109
section and all other penalties provided by law and subject to27110
section 4503.235 of the Revised Code, shall order the27111
immobilization for ninety days of the vehicle the offender was27112
operating at the time of the offense and the impoundment for27113
ninety days of the identification license plates of that vehicle.27114
The order for the immobilization and impoundment shall be issued27115
and enforced in accordance with section 4503.233 of the Revised27116
Code.27117

       (7)(a) Except as otherwise provided in division (A)(8) of27118
this section and except as provided in this division, if, within27119
six years of the offense, the offender has been convicted of or27120
pleaded guilty to two violations of division (A) or (B) of section27121
4511.19 of the Revised Code, a municipal ordinance relating to27122
operating a vehicle while under the influence of alcohol, a drug27123
of abuse, or alcohol and a drug of abuse, a municipal ordinance27124
relating to operating a vehicle with a prohibited concentration of27125
alcohol in the blood, breath, or urine, section 2903.04 of the27126
Revised Code in a case in which the offender was subject to the27127
sanctions described in division (D) of that section, section27128
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27129
ordinance that is substantially similar to section 2903.07 of the27130
Revised Code in a case in which the jury or judge found that the27131
offender was under the influence of alcohol, a drug of abuse, or27132
alcohol and a drug of abuse, or a statute of the United States or27133
of any other state or a municipal ordinance of a municipal27134
corporation located in any other state that is substantially27135
similar to division (A) or (B) of section 4511.19 of the Revised27136
Code, the court shall sentence the offender to a term of27137
imprisonment of sixty consecutive days and may sentence the27138
offender to a longer definite term of imprisonment of not more27139
than one year. As an alternative to the term of imprisonment27140
required to be imposed by this division, but subject to division27141
(A)(12) of this section, the court may impose upon the offender a27142
sentence consisting of both a term of imprisonment of thirty27143
consecutive days and not less than one hundred ten consecutive27144
days of electronically monitored house arrest as defined in27145
division (A) of section 2929.23 of the Revised Code. The thirty27146
consecutive days of imprisonment and the period of electronically27147
monitored house arrest shall not exceed one year. The thirty27148
consecutive days of imprisonment do not have to be served prior to27149
or consecutively with the period of electronically monitored house27150
arrest.27151

       In addition, the court shall impose upon the offender a fine27152
of not less than five hundred fifty and not more than two thousand27153
five hundred dollars.27154

       In addition to any other sentence that it imposes upon the27155
offender, the court shall require the offender to attend an27156
alcohol and drug addiction program authorized by section 3793.0227157
of the Revised Code. The offender shall pay the cost of the27158
treatment. If the court determines that the offender is unable to27159
pay the cost of attendance at the treatment program, the court may27160
order that payment of the cost of the offender's attendance at the27161
treatment program be made from that court's indigent drivers27162
alcohol treatment fund.27163

       Of the fine imposed pursuant to this division, one hundred27164
twenty-three dollars shall be paid to an enforcement and education27165
fund established by the legislative authority of the law27166
enforcement agency in this state that primarily was responsible27167
for the arrest of the offender, as determined by the court that27168
imposes the fine. The agency shall use this share to pay only27169
those costs it incurs in enforcing section 4511.19 of the Revised27170
Code or a substantially similar municipal ordinance and in27171
informing the public of the laws governing the operation of a27172
motor vehicle while under the influence of alcohol, the dangers of27173
operating a motor vehicle while under the influence of alcohol,27174
and other information relating to the operation of a motor vehicle27175
and the consumption of alcoholic beverages. Two hundred27176
seventy-seven dollars of the fine imposed pursuant to this27177
division shall be paid to the political subdivision that pays the27178
cost of housing the offender during the offender's term of27179
incarceration. The political subdivision shall use this share to27180
pay or reimburse incarceration or treatment costs it incurs in27181
housing or providing drug and alcohol treatment to persons who27182
violate section 4511.19 of the Revised Code or a substantially27183
similar municipal ordinance and to pay for ignition interlock27184
devices and electronic house arrest equipment for persons who27185
violate that section, and this share shall be paid to the credit27186
of the fund that pays the cost of incarceration. The balance of27187
the fine shall be disbursed as otherwise provided by law.27188

       (b) Regardless of whether the vehicle the offender was27189
operating at the time of the offense is registered in the27190
offender's name or in the name of another person, the court, in27191
addition to the penalties imposed under division (A)(7)(a) of this27192
section and all other penalties provided by law and subject to27193
section 4503.235 of the Revised Code, shall order the27194
immobilization for one hundred eighty days of the vehicle the27195
offender was operating at the time of the offense and the27196
impoundment for one hundred eighty days of the identification27197
license plates of that vehicle. The order for the immobilization27198
and impoundment shall be issued and enforced in accordance with27199
section 4503.233 of the Revised Code.27200

       (8)(a)(i) If, within six years of the offense, the offender27201
has been convicted of or pleaded guilty to three or more27202
violations of division (A) or (B) of section 4511.19 of the27203
Revised Code, a municipal ordinance relating to operating a27204
vehicle while under the influence of alcohol, a drug of abuse, or27205
alcohol and a drug of abuse, a municipal ordinance relating to27206
operating a vehicle with a prohibited concentration of alcohol in27207
the blood, breath, or urine, section 2903.04 of the Revised Code27208
in a case in which the offender was subject to the sanctions27209
described in division (D) of that section, section 2903.06,27210
2903.07, or 2903.08 of the Revised Code or a municipal ordinance27211
that is substantially similar to section 2903.07 of the Revised27212
Code in a case in which the jury or judge found that the offender27213
was under the influence of alcohol, a drug of abuse, or alcohol27214
and a drug of abuse, or a statute of the United States or of any27215
other state or a municipal ordinance of a municipal corporation27216
located in any other state that is substantially similar to27217
division (A) or (B) of section 4511.19 of the Revised Code, and if27218
sentence is not required to be imposed under division27219
(A)(8)(a)(ii) of this section, the offender is guilty of a felony27220
of the fourth degree and, notwithstanding division (A)(4) of27221
section 2929.14 of the Revised Code, may be sentenced to a27222
definite prison term that shall be not less than six months and27223
not more than thirty months. The court shall sentence the27224
offender in accordance with sections 2929.11 to 2929.19 of the27225
Revised Code and shall impose as part of the sentence either a27226
mandatory term of local incarceration of one hundred twenty27227
consecutive days of imprisonment in accordance with division27228
(G)(1) of section 2929.13 of the Revised Code or a mandatory27229
prison term of one hundred twenty consecutive days of imprisonment27230
in accordance with division (G)(2) of that section. If the court27231
requires the offender to serve a mandatory term of local27232
incarceration of one hundred twenty consecutive days of27233
imprisonment in accordance with division (G)(1) of section 2929.1327234
of the Revised Code, the court, pursuant to section 2929.17 of the27235
Revised Code, may impose upon the offender a sentence that27236
includes a term of electronically monitored house arrest, provided27237
that the term of electronically monitored house arrest shall not27238
commence until after the offender has served the mandatory term of27239
local incarceration.27240

       (ii) If the offender previously has been convicted of or27241
pleaded guilty to a violation of division (A) of section 4511.1927242
of the Revised Code under circumstances in which the violation was27243
a felony, regardless of when the prior violation and the prior27244
conviction or guilty plea occurred, the offender is guilty of a27245
felony of the third degree. The court shall sentence the offender27246
in accordance with sections 2929.11 to 2929.19 of the Revised Code27247
and shall impose as part of the sentence a mandatory prison term27248
of one hundred twenty consecutive days of imprisonment in27249
accordance with division (G)(2) of section 2929.13 of the Revised27250
Code.27251

       (iii) In addition to all other sanctions imposed on an27252
offender under division (A)(8)(a)(i) or (ii) of this section, the27253
court shall impose upon the offender, pursuant to section 2929.1827254
of the Revised Code, a fine of not less than eight hundred nor27255
more than ten thousand dollars.27256

       In addition to any other sanction that it imposes upon the27257
offender under division (A)(8)(a)(i) or (ii) of this section, the27258
court shall require the offender to attend an alcohol and drug27259
addiction program authorized by section 3793.02 of the Revised27260
Code. The cost of the treatment shall be paid by the offender. If27261
the court determines that the offender is unable to pay the cost27262
of attendance at the treatment program, the court may order that27263
payment of the cost of the offender's attendance at the treatment27264
program be made from the court's indigent drivers alcohol27265
treatment fund.27266

       Of the fine imposed pursuant to this division, two hundred27267
ten dollars shall be paid to an enforcement and education fund27268
established by the legislative authority of the law enforcement27269
agency in this state that primarily was responsible for the arrest27270
of the offender, as determined by the court that imposes the fine.27271
The agency shall use this share to pay only those costs it incurs27272
in enforcing section 4511.19 of the Revised Code or a27273
substantially similar municipal ordinance and in informing the27274
public of the laws governing operation of a motor vehicle while27275
under the influence of alcohol, the dangers of operation of a27276
motor vehicle while under the influence of alcohol, and other27277
information relating to the operation of a motor vehicle and the27278
consumption of alcoholic beverages. Four hundred forty dollars of27279
the fine imposed pursuant to this division shall be paid to the27280
political subdivision that pays the cost of housing the offender27281
during the offender's term of incarceration. The political27282
subdivision shall use this share to pay or reimburse incarceration27283
or treatment costs it incurs in housing or providing drug and27284
alcohol treatment to persons who violate section 4511.19 of the27285
Revised Code or a substantially similar municipal ordinance and to27286
pay for ignition interlock devices and electronic house arrest27287
equipment for persons who violate that section, and this share27288
shall be paid to the credit of the fund that pays the cost of27289
incarceration. The balance of the fine shall be disbursed as27290
otherwise provided by law.27291

       (b) Regardless of whether the vehicle the offender was27292
operating at the time of the offense is registered in the27293
offender's name or in the name of another person, the court, in27294
addition to the sanctions imposed under division (A)(8)(a) of this27295
section and all other sanctions provided by law and subject to27296
section 4503.235 of the Revised Code, shall order the criminal27297
forfeiture to the state of the vehicle the offender was operating27298
at the time of the offense. The order of criminal forfeiture27299
shall be issued and enforced in accordance with section 4503.23427300
of the Revised Code.27301

       (c) As used in division (A)(8)(a) of this section,27302
"mandatory prison term" and "mandatory term of local27303
incarceration" have the same meanings as in section 2929.01 of the27304
Revised Code.27305

       (d) If title to a motor vehicle that is subject to an order27306
for criminal forfeiture under this section is assigned or27307
transferred and division (C)(2) or (3) of section 4503.234 of the27308
Revised Code applies, in addition to or independent of any other27309
penalty established by law, the court may fine the offender the27310
value of the vehicle as determined by publications of the national27311
auto dealer's association. The proceeds from any fine imposed27312
under this division shall be distributed in accordance with27313
division (D)(4) of section 4503.234 of the Revised Code.27314

       (9)(a) Except as provided in division (A)(9)(b) of this27315
section, upon a showing that imprisonment would seriously affect27316
the ability of an offender sentenced pursuant to division (A)(1),27317
(2), (3), (4), (5), (6), (7), or (8) of this section to continue27318
the offender's employment, the court may authorize that the27319
offender be granted work release from imprisonment after the27320
offender has served the three, six, ten, twenty, thirty, or sixty27321
consecutive days of imprisonment or the mandatory term of local27322
incarceration of sixty or one hundred twenty consecutive days that27323
the court is required by division (A)(1), (2), (3), (4), (5), (6),27324
(7), or (8) of this section to impose. No court shall authorize27325
work release from imprisonment during the three, six, ten, twenty,27326
thirty, or sixty consecutive days of imprisonment or the mandatory27327
term of local incarceration or mandatory prison term of sixty or27328
one hundred twenty consecutive days that the court is required by27329
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this27330
section to impose. The duration of the work release shall not27331
exceed the time necessary each day for the offender to commute to27332
and from the place of employment and the place of imprisonment and27333
the time actually spent under employment.27334

       (b) An offender who is sentenced pursuant to division27335
(A)(2), (3), (6), or (7) of this section to a term of imprisonment27336
followed by a period of electronically monitored house arrest is27337
not eligible for work release from imprisonment, but that person27338
shall be permitted work release during the period of27339
electronically monitored house arrest. The duration of the work27340
release shall not exceed the time necessary each day for the27341
offender to commute to and from the place of employment and the27342
offender's home or other place specified by the sentencing court27343
and the time actually spent under employment.27344

       (10) Notwithstanding any section of the Revised Code that27345
authorizes the suspension of the imposition or execution of a27346
sentence, the placement of an offender in any treatment program in27347
lieu of imprisonment, or the use of a community control sanction27348
for an offender convicted of a felony, no court shall suspend the27349
ten, twenty, thirty, or sixty consecutive days of imprisonment27350
required to be imposed on an offender by division (A)(2), (3),27351
(6), or (7) of this section, no court shall place an offender who27352
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or27353
(8) of this section in any treatment program in lieu of27354
imprisonment until after the offender has served the ten, twenty,27355
thirty, or sixty consecutive days of imprisonment or the mandatory27356
term of local incarceration or mandatory prison term of sixty or27357
one hundred twenty consecutive days required to be imposed27358
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this27359
section, no court that sentences an offender under division (A)(4)27360
or (8) of this section shall impose any sanction other than a27361
mandatory term of local incarceration or mandatory prison term to27362
apply to the offender until after the offender has served the27363
mandatory term of local incarceration or mandatory prison term of27364
sixty or one hundred twenty consecutive days required to be27365
imposed pursuant to division (A)(4) or (8) of this section, and no27366
court that imposes a sentence of imprisonment and a period of27367
electronically monitored house arrest upon an offender under27368
division (A)(2), (3), (6), or (7) of this section shall suspend27369
any portion of the sentence or place the offender in any treatment27370
program in lieu of imprisonment or electronically monitored house27371
arrest. Notwithstanding any section of the Revised Code that27372
authorizes the suspension of the imposition or execution of a27373
sentence or the placement of an offender in any treatment program27374
in lieu of imprisonment, no court, except as specifically27375
authorized by division (A)(1) or (5) of this section, shall27376
suspend the three or more consecutive days of imprisonment27377
required to be imposed by division (A)(1) or (5) of this section27378
or place an offender who is sentenced pursuant to division (A)(1)27379
or (5) of this section in any treatment program in lieu of27380
imprisonment until after the offender has served the three or more27381
consecutive days of imprisonment required to be imposed pursuant27382
to division (A)(1) or (5) of this section.27383

       (11) No court shall sentence an offender to an alcohol27384
treatment program pursuant to division (A)(1), (2), (3), (4), (5),27385
(6), (7), or (8) of this section unless the treatment program27386
complies with the minimum standards adopted pursuant to Chapter27387
3793. of the Revised Code by the director of alcohol and drug27388
addiction services.27389

       (12) No court shall impose the alternative sentence of a27390
term of imprisonment plus a term of electronically monitored house27391
arrest permitted to be imposed by division (A)(2), (3), (6), or27392
(7) of this section, unless within sixty days of the date of27393
sentencing, the court issues a written finding, entered into the27394
record, that due to the unavailability of space at the27395
incarceration facility where the offender is required to serve the27396
term of imprisonment imposed upon the offender, the offender will27397
not be able to commence serving the term of imprisonment within27398
the sixty-day period following the date of sentencing. If the27399
court issues such a written finding, the court may impose the27400
alternative sentence comprised of a term of imprisonment and a27401
term of electronically monitored house arrest permitted to be27402
imposed by division (A)(2), (3), (6), or (7) of this section.27403

       (B) Whoever violates section 4511.192, 4511.251, or 4511.8527404
of the Revised Code is guilty of a misdemeanor of the first27405
degree. The court, in addition to or independent of all other27406
penalties provided by law, may suspend for a period not to exceed27407
one year the driver's or commercial driver's license or permit or27408
nonresident operating privilege of any person who pleads guilty to27409
or is convicted of a violation of section 4511.192 of the Revised27410
Code.27411

       (C) Whoever violates section 4511.63, 4511.76, 4511.761,27412
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is27413
guilty of one of the following:27414

       (1) Except as otherwise provided in division (C)(2) of this27415
section, a minor misdemeanor.27416

       (2) If the offender previously has been convicted of or27417
pleaded guilty to one or more violations of section 4511.63,27418
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the27419
Revised Code or a municipal ordinance that is substantially27420
similar to any of those sections, a misdemeanor of the fourth27421
degree.27422

       (D)(1) Whoever violates any provision of sections 4511.01 to27423
4511.76 or section 4511.84 of the Revised Code, for which no27424
penalty otherwise is provided in thisthe section violated is27425
guilty of one of the following:27426

       (a)(A) Except as otherwise provided in division (D)(1)(b),27427
(1)(c), (2), (3),(B) or (4)(C) of this section, a minor27428
misdemeanor;27429

       (b)(B) If, within one year of the offense, the offender27430
previously has been convicted of or pleaded guilty to one27431
violation of any provision of sections 4511.01 to 4511.76 or27432
section 4511.84 of the Revised Code for which no penalty otherwise27433
is provided in this section or a municipal ordinance that is27434
substantially similar to any provision of sections 4511.01 to27435
4511.76 or section 4511.84 of the Revised Code for which no27436
penalty otherwise is provided in this sectionpredicate motor27437
vehicle or traffic offense, a misdemeanor of the fourth degree;27438

       (c)(C) If, within one year of the offense, the offender27439
previously has been convicted of or pleaded guilty to two or more27440
violations of any provision described in division (D)(1)(b) of27441
this section or any municipal ordinance that is substantially27442
similar to any of those provisionspredicate motor vehicle or27443
traffic offenses, a misdemeanor of the third degree.27444

       (2) When any person is found guilty of a first offense for a27445
violation of section 4511.21 of the Revised Code upon a finding27446
that the person operated a motor vehicle faster than thirty-five27447
miles an hour in a business district of a municipal corporation,27448
or faster than fifty miles an hour in other portions, or faster27449
than thirty-five miles an hour while passing through a school zone27450
during recess or while children are going to or leaving school27451
during the opening or closing hours, the person is guilty of a27452
misdemeanor of the fourth degree.27453

       (3) Notwithstanding section 2929.21 of the Revised Code,27454
upon a finding that such person operated a motor vehicle in a27455
construction zone where a sign was then posted in accordance with27456
section 4511.98 of the Revised Code, the court, in addition to all27457
other penalties provided by law, shall impose a fine of two times27458
the usual amount imposed for the violation. No court shall impose27459
a fine of two times the usual amount imposed for the violation27460
upon an offender who alleges, in an affidavit filed with the court27461
prior to the offender's sentencing, that the offender is indigent27462
and is unable to pay the fine imposed pursuant to this division,27463
provided the court determines the offender is an indigent person27464
and is unable to pay the fine.27465

       (4) Notwithstanding section 2929.21 of the Revised Code,27466
upon a finding that a person operated a motor vehicle in violation27467
of division (C) of section 4511.213 of the Revised Code, the27468
court, in addition to all other penalties provided by law, shall27469
impose a fine of two times the usual amount imposed for the27470
violation.27471

       (E) Whenever a person is found guilty in a court of record27472
of a violation of section 4511.761, 4511.762, or 4511.77 of the27473
Revised Code, the trial judge, in addition to or independent of27474
all other penalties provided by law, may suspend for any period of27475
time not exceeding three years, or revoke the license of any27476
person, partnership, association, or corporation, issued under27477
section 4511.763 of the Revised Code.27478

       (F) Whoever violates division (E) or (F) of section 4511.51,27479
division (A), (D), or (E) of section 4511.521, section 4511.681,27480
division (A) or (C) of section 4511.69, section 4511.772, or27481
division (A) or (B) of section 4511.82 of the Revised Code is27482
guilty of a minor misdemeanor.27483

       (G) Whoever violates division (A) of section 4511.75 of the27484
Revised Code may be fined an amount not to exceed five hundred27485
dollars. A person who is issued a citation for a violation of27486
division (A) of section 4511.75 of the Revised Code is not27487
permitted to enter a written plea of guilty and waive the person's27488
right to contest the citation in a trial, but instead must appear27489
in person in the proper court to answer the charge.27490

       (H)(1) Whoever is a resident of this state and violates27491
division (A) or (B) of section 4511.81 of the Revised Code shall27492
be punished as follows:27493

       (a) Except as otherwise provided in division (H)(1)(b) of27494
this section, the offender is guilty of a minor misdemeanor.27495

       (b) If the offender previously has been convicted of or27496
pleaded guilty to a violation of division (A) or (B) of section27497
4511.81 of the Revised Code or of a municipal ordinance that is27498
substantially similar to either of those divisions, the offender27499
is guilty of a misdemeanor of the fourth degree.27500

       (2) Whoever is not a resident of this state, violates27501
division (A) or (B) of section 4511.81 of the Revised Code, and27502
fails to prove by a preponderance of the evidence that the27503
offender's use or nonuse of a child restraint system was in27504
accordance with the law of the state of which the offender is a27505
resident is guilty of a minor misdemeanor on a first offense; on a27506
second or subsequent offense, that person is guilty of a27507
misdemeanor of the fourth degree.27508

       (3) All fines imposed pursuant to division (H)(1) or (2) of27509
this section shall be forwarded to the treasurer of state for27510
deposit in the "child highway safety fund" created by division (G)27511
of section 4511.81 of the Revised Code.27512

       (I) Whoever violates section 4511.202 of the Revised Code is27513
guilty of operating a motor vehicle without being in control of27514
it, a minor misdemeanor.27515

       (J) Whoever violates division (B) of section 4511.74,27516
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of27517
section 4511.83 of the Revised Code is guilty of a misdemeanor of27518
the first degree.27519

       (K) Except as otherwise provided in this division, whoever27520
violates division (E) of section 4511.11, division (A) or (C) of27521
section 4511.17, or section 4511.18 of the Revised Code is guilty27522
of a misdemeanor of the third degree. If a violation of division27523
(A) or (C) of section 4511.17 of the Revised Code creates a risk27524
of physical harm to any person, the offender is guilty of a27525
misdemeanor of the first degree. A violation of division (A) or27526
(C) of section 4511.17 of the Revised Code that causes serious27527
physical harm to property that is owned, leased, or controlled by27528
a state or local authority is a felony of the fifth degree.27529

       (L) Whoever violates division (H) of section 4511.69 of the27530
Revised Code shall be punished as follows:27531

       (1) Except as otherwise provided in division (L)(2) of this27532
section, the offender shall be issued a warning.27533

       (2) If the offender previously has been convicted of or27534
pleaded guilty to a violation of division (H) of section 4511.6927535
of the Revised Code or of a municipal ordinance that is27536
substantially similar to that division, the offender shall not be27537
issued a warning but shall be fined twenty-five dollars for each27538
parking location that is not properly marked or whose markings are27539
not properly maintained.27540

       (M) Whoever violates division (A)(1) or (2) of section27541
4511.45 of the Revised Code is guilty of a misdemeanor of the27542
fourth degree on a first offense; on a second offense within one27543
year after the first offense, the person is guilty of a27544
misdemeanor of the third degree; and on each subsequent offense27545
within one year after the first offense, the person is guilty of a27546
misdemeanor of the second degree.27547

       (N)(1) Whoever violates division (B) of section 4511.19 of27548
the Revised Code is guilty of operating a motor vehicle after27549
under-age alcohol consumption and shall be punished as follows:27550

       (a) Except as otherwise provided in division (N)(1)(b) of27551
this section, the offender is guilty of a misdemeanor of the27552
fourth degree.27553

       (b) The offender is guilty of a misdemeanor of the third27554
degree if, within one year of the offense, the offender has been27555
convicted of or pleaded guilty to any violation of the following:27556

       (i) Division (A) or (B) of section 4511.19 of the Revised27557
Code;27558

       (ii) A municipal ordinance relating to operating a vehicle27559
while under the influence of alcohol, a drug of abuse, or alcohol27560
and a drug of abuse;27561

       (iii) A municipal ordinance relating to operating a vehicle27562
with a prohibited concentration of alcohol in the blood, breath,27563
or urine;27564

       (iv) Section 2903.04 of the Revised Code in a case in which27565
the offender was subject to the sanctions described in division27566
(D) of that section;27567

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of27568
section 2903.08 of the Revised Code or a municipal ordinance that27569
is substantially similar to either of those divisions;27570

       (vi) Division (A)(2), (3), or (4) of section 2903.06 or27571
division (A)(2) of section 2903.08 of the Revised Code or a27572
municipal ordinance that is substantially similar to any of those27573
divisions, or former section 2903.07 of the Revised Code or a27574
substantially similar municipal ordinance, in a case in which the27575
jury or judge found that the offender was under the influence of27576
alcohol, a drug of abuse, or alcohol and a drug of abuse;27577

       (vii) A statute of the United States or of any other state27578
or a municipal ordinance of a municipal corporation located in any27579
other state that is substantially similar to division (A) or (B)27580
of section 4511.19 of the Revised Code.27581

       (2) In addition to or independent of all other penalties27582
provided by law, the offender's driver's or commercial driver's27583
license or permit or nonresident operating privilege shall be27584
suspended in accordance with, and for the period of time specified27585
in, division (E) of section 4507.16 of the Revised Code.27586

       (O) Whoever violates section 4511.62 of the Revised Code is27587
guilty of a misdemeanor of the fourth degree.27588

       (P) Whoever violates division (F)(1)(a) or (b) of section27589
4511.69 of the Revised Code is guilty of a misdemeanor and shall27590
be fined not less than two hundred fifty nor more than five27591
hundred dollars, but in no case shall an offender be sentenced to27592
any term of imprisonment.27593

       Arrest or conviction for a violation of division (F)(1)(a) or27594
(b) of section 4511.69 of the Revised Code does not constitute a27595
criminal record and need not be reported by the person so arrested27596
or convicted in response to any inquiries contained in any27597
application for employment, license, or other right or privilege,27598
or made in connection with the person's appearance as a witness.27599

       Every fine collected under this division shall be paid by the27600
clerk of the court to the political subdivision in which the27601
violation occurred. Except as provided in this division, the27602
political subdivision shall use the fine moneys it receives under27603
this division to pay the expenses it incurs in complying with the27604
signage and notice requirements contained in division (E) of27605
section 4511.69 of the Revised Code. The political subdivision27606
may use up to fifty per cent of each fine it receives under this27607
division to pay the costs of educational, advocacy, support, and27608
assistive technology programs for persons with disabilities, and27609
for public improvements within the political subdivision that27610
benefit or assist persons with disabilities, if governmental27611
agencies or nonprofit organizations offer the programs.27612

       Sec. 4513.02.  (A) No person shall drive or move, or cause27613
or knowingly permit to be driven or moved, on any highway any27614
vehicle or combination of vehicles which is in such unsafe27615
condition as to endanger any person.27616

       (B) When directed by any state highway patrol trooper, the27617
operator of any motor vehicle shall stop and submit such motor27618
vehicle to an inspection under division (B)(1) or (2) of this27619
section, as appropriate, and such tests as are necessary.27620

       (1) Any motor vehicle not subject to inspection by the27621
public utilities commission shall be inspected and tested to27622
determine whether it is unsafe or not equipped as required by law,27623
or that its equipment is not in proper adjustment or repair, or in27624
violation of the equipment provisions of Chapter 4513. of the27625
Revised Code.27626

       Such inspection shall be made with respect to the brakes,27627
lights, turn signals, steering, horns and warning devices, glass,27628
mirrors, exhaust system, windshield wipers, tires, and such other27629
items of equipment as designated by the superintendent of the27630
state highway patrol by rule or regulation adopted pursuant to27631
sections 119.01 to 119.13 of the Revised Code.27632

       Upon determining that a motor vehicle is in safe operating27633
condition and its equipment in conformity with Chapter 4513. of27634
the Revised Code, the inspecting officer shall issue to the27635
operator an official inspection sticker, which shall be in such27636
form as the superintendent prescribes except that its color shall27637
vary from year to year.27638

       (2) Any motor vehicle subject to inspection by the public27639
utilities commission shall be inspected and tested in accordance27640
with rules adopted by the commission. Upon determining that the27641
vehicle and operator are in compliance with rules adopted by the27642
commission, the inspecting officer shall issue to the operator an27643
appropriate official inspection sticker.27644

       (C) The superintendent of the state highway patrol, pursuant27645
to sections 119.01 to 119.13 of the Revised Code, shall determine27646
and promulgate standards for any inspection program conducted by a27647
political subdivision of this state. These standards shall exempt27648
licensed collector's vehicles and historical motor vehicles from27649
inspection. Any motor vehicle bearing a valid certificate of27650
inspection issued by another state or a political subdivision of27651
this state whose inspection program conforms to the27652
superintendent's standards, and any licensed collector's vehicle27653
or historical motor vehicle which is not in a condition which27654
endangers the safety of persons or property, shall be exempt from27655
the tests provided in division (B) of this section.27656

       (D) Every person, firm, association, or corporation that, in27657
the conduct of its business, owns and operates not less than27658
fifteen motor vehicles in this state that are not subject to27659
regulation by the public utilities commission and that, for the27660
purpose of storing, repairing, maintaining, and servicing such27661
motor vehicles, equips and operates one or more service27662
departments within this state, may file with the superintendent of27663
the state highway patrol applications for permits for such service27664
departments as official inspection stations for its own motor27665
vehicles. Upon receiving an application for each such service27666
department, and after determining that it is properly equipped and27667
has competent personnel to perform the inspections referred to in27668
this section, the superintendent shall issue the necessary27669
inspection stickers and permit to operate as an official27670
inspection station. Any such person who has had one or more27671
service departments so designated as official inspection stations27672
may have motor vehicles that are owned and operated by the person27673
and that are not subject to regulation by the public utilities27674
commission, excepting private passenger cars owned by the person27675
or the person's employees, inspected at such service department;27676
and any motor vehicle bearing a valid certificate of inspection27677
issued by such service department shall be exempt from the tests27678
provided in division (B) of this section.27679

       No permit for an official inspection station shall be27680
assigned or transferred or used at any location other than therein27681
designated, and every such permit shall be posted in a conspicuous27682
place at the location designated.27683

       If a person, firm, association, or corporation owns and27684
operates fifteen or more motor vehicles in the conduct of business27685
and is subject to regulation by the public utilities commission,27686
that person, firm, association, or corporation is not eligible to27687
apply to the superintendent for permits to enable any of its27688
service departments to serve as official inspection stations for27689
its own motor vehicles.27690

       (E) When any motor vehicle is found to be unsafe for27691
operation, the inspecting officer may order it removed from the27692
highway and not operated, except for purposes of removal and27693
repair, until it has been repaired pursuant to a repair order as27694
provided in division (F) of this section.27695

       (F) When any motor vehicle is found to be defective or in27696
violation of Chapter 4513. of the Revised Code, the inspecting27697
officer may issue a repair order, in such form and containing such27698
information as the superintendent shall prescribe, to the owner or27699
operator of the motor vehicle. The owner or operator shall27700
thereupon obtain such repairs as are required and shall, as27701
directed by the inspecting officer, return the repair order27702
together with proof of compliance with its provisions. When any27703
motor vehicle or operator subject to rules of the public utilities27704
commission fails the inspection, the inspecting officer shall27705
issue an appropriate order to obtain compliance with such rules.27706

       (G) Sections 4513.01 to 4513.37 of the Revised Code, with27707
respect to equipment on vehicles, do not apply to implements of27708
husbandry, road machinery, road rollers, or agricultural tractors27709
except as made applicable to such articles of machinery.27710

       (H)Except as otherwise provided in this division, whoever27711
violates this section is guilty of a minor misdemeanor. If the27712
offender previously has been convicted of a violation of this27713
section, whoever violates this section is guilty of a misdemeanor27714
of the third degree.27715

       Sec. 4513.021.  (A) As used in this section:27716

       (1) "Passenger car" means any motor vehicle with motive27717
power, designed for carrying ten persons or less, except a27718
multipurpose passenger vehicle or motorcycle.27719

       (2) "Multipurpose passenger vehicle" means a motor vehicle27720
with motive power, except a motorcycle, designed to carry ten27721
persons or less, that is constructed either on a truck chassis or27722
with special features for occasional off-road operation.27723

       (3) "Truck" means every motor vehicle, except trailers and27724
semitrailers, designed and used to carry property and having a27725
gross vehicle weight rating of ten thousand pounds or less.27726

       (4) "Manufacturer" has the same meaning as in section27727
4501.01 of the Revised Code.27728

       (5) "Gross vehicle weight rating" means the manufacturer's27729
gross vehicle weight rating established for that vehicle.27730

       (B) The director of public safety, in accordance with27731
Chapter 119. of the Revised Code, shall adopt rules in conformance27732
with standards of the vehicle equipment safety commission, that27733
shall govern the maximum bumper height or, in the absence of27734
bumpers and in cases where bumper heights have been lowered or27735
modified, the maximum height to the bottom of the frame rail, of27736
any passenger car, multipurpose passenger vehicle, or truck.27737

       (C) No person shall operate upon a street or highway any27738
passenger car, multipurpose passenger vehicle, or truck registered27739
in this state that does not conform to the requirements of this27740
section or to any applicable rule adopted pursuant to this27741
section.27742

       (D) No person shall modify any motor vehicle registered in27743
this state in such a manner as to cause the vehicle body or27744
chassis to come in contact with the ground, expose the fuel tank27745
to damage from collision, or cause the wheels to come in contact27746
with the body under normal operation, and no person shall27747
disconnect any part of the original suspension system of the27748
vehicle to defeat the safe operation of that system.27749

       (E) Nothing contained in this section or in the rules27750
adopted pursuant to this section shall be construed to prohibit27751
either of the following:27752

       (1) The installation upon a passenger car, multipurpose27753
passenger vehicle, or truck registered in this state of heavy duty27754
equipment, including shock absorbers and overload springs;27755

       (2) The operation on a street or highway of a passenger car,27756
multipurpose passenger vehicle, or truck registered in this state27757
with normal wear to the suspension system if the normal wear does27758
not adversely affect the control of the vehicle.27759

       (F) This section and the rules adopted pursuant to it do not27760
apply to any specially designed or modified passenger car,27761
multipurpose passenger vehicle, or truck when operated off a27762
street or highway in races and similar events.27763

       (G)Except as otherwise provided in this division, whoever27764
violates this section is guilty of a minor misdemeanor. If the27765
offender previously has been convicted of a violation of this27766
section, whoever violates this section is guilty of a misdemeanor27767
of the third degree.27768

       Sec. 4513.022.  (A) As part of the motor vehicle inspection27769
conducted pursuant to section 4513.02 of the Revised Code, the27770
state highway patrol trooper shall request that the owner or27771
operator of the motor vehicle produce proof that the owner27772
maintains or has maintained on the owner's behalf, proof of27773
financial responsibility as required by section 4509.101 of the27774
Revised Code.27775

       (B) A state highway patrol trooper shall indicate on every27776
traffic ticket issued pursuant to a motor vehicle inspection27777
whether the person receiving the traffic ticket produced proof of27778
the maintenance of financial responsibility in response to the27779
state highway patrol trooper's request. The state highway patrol27780
trooper shall inform every person who receives a traffic ticket27781
and who has failed to produce proof of the maintenance of27782
financial responsibility at the time of the motor vehicle27783
inspection that the person must submit proof to the traffic27784
violations bureau with any payment of a fine and costs for the27785
ticketed violation or, if the person is to appear in court for the27786
violation, the person must submit proof to the court.27787

       (C)(1) If a person who has failed to produce proof of the27788
maintenance of financial responsibility appears in court for a27789
ticketed violation, the court may permit the defendant to present27790
evidence of proof of financial responsibility to the court at such27791
time and in such manner as the court determines to be necessary or27792
appropriate. The clerk of courts shall provide the registrar with27793
the identity of any person who fails to submit proof of the27794
maintenance of financial responsibility pursuant to division (B)27795
of this section.27796

       (2) If a person who has failed to present proof of the27797
maintenance of financial responsibility also fails to submit that27798
proof to the traffic violations bureau, the traffic violations27799
bureau shall notify the registrar of the identity of that person.27800

       (3) Upon receiving notice from a clerk of courts or a27801
traffic violation bureau pursuant to division (C) of this section,27802
the registrar shall proceed against these persons under division27803
(D) of section 4509.101 of the Revised Code in the same manner as27804
the registrar proceeds against persons identified by the clerk of27805
courts under division (D)(4) of section 4509.101 of the Revised27806
Code.27807

       (D) A state highway patrol trooper may charge an owner or27808
operator of a motor vehicle with a violation if division (B)(1) of27809
section 4507.024510.16 of the Revised Code when the operator27810
fails to produce proof of the maintenance of financial27811
responsibility upon the state highway patrol trooper's request27812
under division (A) of this section, if a check of the owner or27813
operator's driving record indicates that the owner or operator,27814
at the time of the motor vehicle inspection, is required to file27815
and maintain proof of financial responsibility under section27816
4509.45 of the Revised Code for a previous violation of Chapter27817
4509. of the Revised Code.27818

       Sec. 4513.03. (A) Every vehicle upon a street or highway27819
within this state during the time from sunset to sunrise, and at27820
any other time when there are unfavorable atmospheric conditions27821
or when there is not sufficient natural light to render27822
discernible persons, vehicles, and substantial objects on the27823
highway at a distance of one thousand feet ahead, shall display27824
lighted lights and illuminating devices as required by sections27825
4513.04 to 4513.37 of the Revised Code, for different classes of27826
vehicles; except that every motorized bicycle shall display at27827
such times lighted lights meeting the rules adopted by the27828
director of public safety under section 4511.521 of the Revised27829
Code. No motor vehicle, during such times, shall be operated upon27830
a street or highway within this state using only parking lights as27831
illumination.27832

       Whenever in such sections a requirement is declared as to the27833
distance from which certain lamps and devices shall render objects27834
visible, or within which such lamps or devices shall be visible,27835
such distance shall be measured upon a straight level unlighted27836
highway under normal atmospheric conditions unless a different27837
condition is expressly stated.27838

       Whenever in such sections a requirement is declared as to the27839
mounted height of lights or devices, it shall mean from the center27840
of such light or device to the level ground upon which the vehicle27841
stands.27842

       (B) Whoever violates this section shall be punished as27843
provided in section 4513.99 of the Revised Code.27844

       Sec. 4513.04. (A) Every motor vehicle, other than a27845
motorcycle, and every trackless trolley shall be equipped with at27846
least two headlights with at least one near each side of the front27847
of the motor vehicle or trackless trolley.27848

       Every motorcycle shall be equipped with at least one and not27849
more than two headlights.27850

       (B)Whoever violates this section shall be punished as27851
provided in section 4513.99 of the Revised Code.27852

       Sec. 4513.05. (A) Every motor vehicle, trackless trolley,27853
trailer, semitrailer, pole trailer, or vehicle which is being27854
drawn at the end of a train of vehicles shall be equipped with at27855
least one tail light mounted on the rear which, when lighted,27856
shall emit a red light visible from a distance of five hundred27857
feet to the rear, provided that in the case of a train of vehicles27858
only the tail light on the rearmost vehicle need be visible from27859
the distance specified.27860

       Either a tail light or a separate light shall be so27861
constructed and placed as to illuminate with a white light the27862
rear registration plate, when such registration plate is required,27863
and render it legible from a distance of fifty feet to the rear.27864
Any tail light, together with any separate light for illuminating27865
the rear registration plate, shall be so wired as to be lighted27866
whenever the headlights or auxiliary driving lights are lighted,27867
except where separate lighting systems are provided for trailers27868
for the purpose of illuminating such registration plate.27869

       (B)Whoever violates this section shall be punished as27870
provided in section 4513.99 of the Revised Code.27871

       Sec. 4513.06. (A) Every new motor vehicle sold after27872
September 6, 1941, and operated on a highway, other than a27873
commercial tractor, to which a trailer or semitrailer is attached27874
shall carry at the rear, either as a part of the tail lamps or27875
separately, two red reflectors meeting the requirements of this27876
section, except that vehicles of the type mentioned in section27877
4513.07 of the Revised Code shall be equipped with reflectors as27878
required by the regulations provided for in said section.27879

       Every such reflector shall be of such size and27880
characteristics and so maintained as to be visible at night from27881
all distances within three hundred feet to fifty feet from such27882
vehicle.27883

       (B)Whoever violates this section shall be punished as27884
provided in section 4513.99 of the Revised Code.27885

       Sec. 4513.07. (A) The director of public safety shall27886
prescribe and promulgate regulations relating to clearance lights,27887
marker lights, reflectors, and stop lights on bussesbuses,27888
trackless trolleys, trucks, commercial tractors, trailers,27889
semitrailers, and pole trailers, when operated upon any highway,27890
and such vehicles shall be equipped as required by such27891
regulations, and such equipment shall be lighted at all times27892
mentioned in section 4513.03 of the Revised Code, except that27893
clearance lights and side marker lights need not be lighted on any27894
such vehicle when it is operated within a municipal corporation27895
where there is sufficient light to reveal any person or27896
substantial object on the highway at a distance of five hundred27897
feet.27898

       Such equipment shall be in addition to all other lights27899
specifically required by sections 4513.03 to 4513.16 of the27900
Revised Code.27901

       Vehicles operated under the jurisdiction of the public27902
utilities commission are not subject to this section.27903

       (B)Whoever violates this section shall be punished as27904
provided in section 4513.99 of the Revised Code.27905

       Sec. 4513.071. (A) Every motor vehicle, trailer,27906
semitrailer, and pole trailer when operated upon a highway shall27907
be equipped with two or more stop lights, except that passenger27908
cars manufactured or assembled prior to January 1, 1967,27909
motorcycles, and motor-driven cycles shall be equipped with at27910
least one stop light. Stop lights shall be mounted on the rear of27911
the vehicle, actuated upon application of the service brake, and27912
may be incorporated with other rear lights. Such stop lights when27913
actuated shall emit a red light visible from a distance of five27914
hundred feet to the rear, provided that in the case of a train of27915
vehicles only the stop lights on the rear-most vehicle need be27916
visible from the distance specified.27917

       Such stop lights when actuated shall give a steady warning27918
light to the rear of a vehicle or train of vehicles to indicate27919
the intention of the operator to diminish the speed of or stop a27920
vehicle or train of vehicles.27921

       When stop lights are used as required by this section, they27922
shall be constructed or installed so as to provide adequate and27923
reliable illumination and shall conform to the appropriate rules27924
and regulations established under section 4513.19 of the Revised27925
Code.27926

       Historical motor vehicles as defined in section 4503.181 of27927
the Revised Code, not originally manufactured with stop lights,27928
are not subject to this section.27929

       (B) Whoever violates this section shall be punished as27930
provided in section 4513.99 of the Revised Code.27931

       Sec. 4513.09. (A) Whenever the load upon any vehicle27932
extends to the rear four feet or more beyond the bed or body of27933
such vehicle, there shall be displayed at the extreme rear end of27934
the load, at the times specified in section 4513.03 of the Revised27935
Code, a red light or lantern plainly visible from a distance of at27936
least five hundred feet to the sides and rear. The red light or27937
lantern required by this section is in addition to the red rear27938
light required upon every vehicle. At any other time there shall27939
be displayed at the extreme rear end of such load a red flag or27940
cloth not less than sixteen inches square.27941

       (B)Whoever violates this section shall be punished as27942
provided in section 4513.99 of the Revised Code.27943

       Sec. 4513.10. (A) Except in case of an emergency, whenever27944
a vehicle is parked or stopped upon a roadway open to traffic or a27945
shoulder adjacent thereto, whether attended or unattended, during27946
the times mentioned in section 4513.03 of the Revised Code, such27947
vehicle shall be equipped with one or more lights which shall27948
exhibit a white or amber light on the roadway side visible from a27949
distance of five hundred feet to the front of such vehicle, and a27950
red light visible from a distance of five hundred feet to the27951
rear. No lights need be displayed upon any such vehicle when it27952
is stopped or parked within a municipal corporation where there is27953
sufficient light to reveal any person or substantial object within27954
a distance of five hundred feet upon such highway. Any lighted27955
headlights upon a parked vehicle shall be depressed or dimmed.27956

       (B)Whoever violates this section shall be punished as27957
provided in section 4513.99 of the Revised Code.27958

       Sec. 4513.11.  (A) All vehicles other than bicycles,27959
including animal-drawn vehicles and vehicles referred to in27960
division (G) of section 4513.02 of the Revised Code, not27961
specifically required to be equipped with lamps or other lighting27962
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,27963
at the times specified in section 4513.03 of the Revised Code, be27964
equipped with at least one lamp displaying a white light visible27965
from a distance of not less than one thousand feet to the front of27966
the vehicle, and also shall be equipped with two lamps displaying27967
red light visible from a distance of not less than one thousand27968
feet to the rear of the vehicle, or as an alternative, one lamp27969
displaying a red light visible from a distance of not less than27970
one thousand feet to the rear and two red reflectors visible from27971
all distances of six hundred feet to one hundred feet to the rear27972
when illuminated by the lawful lower beams of headlamps.27973

       Lamps and reflectors required or authorized by this section27974
shall meet standards adopted by the director of public safety.27975

       (B) All boat trailers, farm machinery, and other machinery,27976
including all road construction machinery, upon a street or27977
highway, except when being used in actual construction and27978
maintenance work in an area guarded by a flagperson, or where27979
flares are used, or when operating or traveling within the limits27980
of a construction area designated by the director of27981
transportation, a city engineer, or the county engineer of the27982
several counties, when such construction area is marked in27983
accordance with requirements of the director and the manual of27984
uniform traffic control devices, as set forth in section 4511.0927985
of the Revised Code, which is designed for operation at a speed of27986
twenty-five miles per hour or less shall be operated at a speed27987
not exceeding twenty-five miles per hour, and shall display a27988
triangular slow-moving vehicle emblem (SMV). The emblem shall be27989
mounted so as to be visible from a distance of not less than five27990
hundred feet to the rear. The director of public safety shall27991
adopt standards and specifications for the design and position of27992
mounting the SMV emblem. The standards and specifications for SMV27993
emblems referred to in this section shall correlate with and, so27994
far as possible, conform with those approved by the American27995
society of agricultural engineers.27996

       As used in this division, "machinery" does not include any27997
vehicle designed to be drawn by an animal.27998

       (C) The use of the SMV emblem shall be restricted to27999
animal-drawn vehicles, and to the slow-moving vehicles specified28000
in division (B) of this section operating or traveling within the28001
limits of the highway. Its use on slow-moving vehicles being28002
transported upon other types of vehicles or on any other type of28003
vehicle or stationary object on the highway is prohibited.28004

       (D) No person shall sell, lease, rent, or operate any boat28005
trailer, farm machinery, or other machinery defined as a28006
slow-moving vehicle in division (B) of this section, except those28007
units designed to be completely mounted on a primary power unit,28008
which is manufactured or assembled on or after April 1, 1966,28009
unless the vehicle is equipped with a slow-moving vehicle emblem28010
mounting device as specified in division (B) of this section.28011

       (E) Any boat trailer, farm machinery, or other machinery28012
defined as a slow-moving vehicle in division (B) of this section,28013
in addition to the use of the slow-moving vehicle emblem, may be28014
equipped with a red flashing light that shall be visible from a28015
distance of not less than one thousand feet to the rear at all28016
times specified in section 4513.03 of the Revised Code. When a28017
double-faced light is used, it shall display amber light to the28018
front and red light to the rear.28019

       In addition to the lights described in this division, farm28020
machinery and motor vehicles escorting farm machinery may display28021
a flashing, oscillating, or rotating amber light, as permitted by28022
section 4513.17 of the Revised Code, and also may display28023
simultaneously flashing turn signals or warning lights, as28024
permitted by that section.28025

       (F) Every animal-drawn vehicle upon a street or highway28026
shall at all times be equipped in one of the following ways:28027

       (1) With a slow-moving vehicle emblem complying with28028
division (B) of this section;28029

       (2) With alternate reflective material complying with rules28030
adopted under this division;28031

       (3) With both a slow-moving vehicle emblem and alternate28032
reflective material as specified in this division.28033

       The director of public safety, subject to Chapter 119. of the28034
Revised Code, shall adopt rules establishing standards and28035
specifications for the position of mounting of the alternate28036
reflective material authorized by this division. The rules shall28037
permit, as a minimum, the alternate reflective material to be28038
black, gray, or silver in color. The alternate reflective28039
material shall be mounted on the animal-drawn vehicle so as to be28040
visible, at all times specified in section 4513.03 of the Revised28041
Code, from a distance of not less than five hundred feet to the28042
rear when illuminated by the lawful lower beams of headlamps.28043

       (G) Whoever violates this section shall be punished as28044
provided in section 4513.99 of the Revised Code.28045

       (H) As used in this section, "boat trailer" means any28046
vehicle designed and used exclusively to transport a boat between28047
a place of storage and a marina, or in and around a marina, when28048
drawn or towed on a street or highway for a distance of no more28049
than ten miles and at a speed of twenty-five miles per hour or28050
less.28051

       Sec. 4513.111.  (A)(1) Every multi-wheel agricultural28052
tractor whose model year was 2001 or earlier, when being operated28053
or traveling on a street or highway at the times specified in28054
section 4513.03 of the Revised Code, at a minimum shall be28055
equipped with and display reflectors and illuminated amber lamps28056
so that the extreme left and right projections of the tractor are28057
indicated by flashing lamps displaying amber light, visible to the28058
front and the rear, by amber reflectors, all visible to the front,28059
and by red reflectors, all visible to the rear.28060

       (2) The lamps displaying amber light need not flash28061
simultaneously and need not flash in conjunction with any28062
directional signals of the tractor.28063

       (3) The lamps and reflectors required by division (A)(1) of28064
this section and their placement shall meet standards and28065
specifications contained in rules adopted by the director of28066
public safety in accordance with Chapter 119. of the Revised Code.28067
The rules governing the amber lamps, amber reflectors, and red28068
reflectors and their placement shall correlate with and, as far as28069
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.228070
respectively of the American society of agricultural engineers28071
standard ANSI/ASAE S279.10 OCT98, lighting and marking of28072
agricultural equipment on highways.28073

       (B) Every unit of farm machinery whose model year was 200228074
or later, when being operated or traveling on a street or highway28075
at the times specified in section 4513.03 of the Revised Code,28076
shall be equipped with and display markings and illuminated lamps28077
that meet or exceed the lighting, illumination, and marking28078
standards and specifications that are applicable to that type of28079
farm machinery for the unit's model year specified in the American28080
society of agricultural engineers standard ANSI/ASAE S279.1028081
OCT98, lighting and marking of agricultural equipment on highways.28082

       (C) The lights and reflectors required by division (A) of28083
this section are in addition to the slow-moving vehicle emblem and28084
lights required or permitted by section 4513.11 or 4513.17 of the28085
Revised Code to be displayed on farm machinery being operated or28086
traveling on a street or highway.28087

       (D) No person shall operate any unit of farm machinery on a28088
street or highway or cause any unit of farm machinery to travel on28089
a street or highway in violation of division (A) or (B) of this28090
section.28091

       (E) Whoever violates this section shall be punished as28092
provided in section 4513.99 of the Revised Code.28093

       Sec. 4513.12. (A) Any motor vehicle may be equipped with28094
not more than one spotlight and every lighted spotlight shall be28095
so aimed and used upon approaching another vehicle that no part of28096
the high-intensity portion of the beam will be directed to the28097
left of the prolongation of the extreme left side of the vehicle,28098
nor more than one hundred feet ahead of the vehicle.28099

       Any motor vehicle may be equipped with not more than three28100
auxiliary driving lights mounted on the front of the vehicle. The28101
director of public safety shall prescribe specifications for28102
auxiliary driving lights and regulations for their use, and any28103
such lights which do not conform to said specifications and28104
regulations shall not be used.28105

       (B)Whoever violates this section shall be punished as28106
provided in section 4513.99 of the Revised Code.28107

       Sec. 4513.13. (A) Any motor vehicle may be equipped with28108
side cowl or fender lights which shall emit a white or amber light28109
without glare.28110

       Any motor vehicle may be equipped with lights on each side28111
thereof which shall emit a white or amber light without glare.28112

       Any motor vehicle may equipped with back-up lights, either28113
separately or in combination with another light. No back-up28114
lights shall be continuously lighted when the motor vehicle is in28115
forward motion.28116

       (B)Whoever violates this section shall be punished as28117
provided in section 4513.99 of the Revised Code.28118

       Sec. 4513.14. (A) At all times mentioned in section 4513.0328119
of the Revised Code at least two lighted lights shall be28120
displayed, one near each side of the front of every motor vehicle28121
and trackless trolley, except when such vehicle or trackless28122
trolley is parked subject to the regulations governing lights on28123
parked vehicles and trackless trolleys.28124

       The director of public safety shall prescribe and promulgate28125
regulations relating to the design and use of such lights and such28126
regulations shall be in accordance with currently recognized28127
standards.28128

       (B)Whoever violates this section shall be punished as28129
provided in section 4513.99 of the Revised Code.28130

       Sec. 4513.15. (A) Whenever a motor vehicle is being28131
operated on a roadway or shoulder adjacent thereto during the28132
times specified in section 4513.03 of the Revised Code, the driver28133
shall use a distribution of light, or composite beam, directed28134
high enough and of sufficient intensity to reveal persons,28135
vehicles, and substantial objects at a safe distance in advance of28136
the vehicle, subject to the following requirements;28137

       (A)(1) Whenever the driver of a vehicle approaches an28138
oncoming vehicle, such driver shall use a distribution of light,28139
or composite beam, so aimed that the glaring rays are not28140
projected into the eyes of the oncoming driver.28141

       (B)(2) Every new motor vehicle registered in this state,28142
which has multiple-beam road lighting equipment shall be equipped28143
with a beam indicator, which shall be lighted whenever the28144
uppermost distribution of light from the headlights is in use, and28145
shall not otherwise be lighted. Said indicator shall be so28146
designed and located that, when lighted, it will be readily28147
visible without glare to the driver of the vehicle.28148

       (B)Whoever violates this section shall be punished as28149
provided in section 4513.99 of the Revised Code.28150

       Sec. 4513.16. (A) Any motor vehicle may be operated under28151
the conditions specified in section 4513.03 of the Revised Code28152
when it is equipped with two lighted lights upon the front thereof28153
capable of revealing persons and substantial objects seventy-five28154
feet ahead, in lieu of lights required in section 4513.14 of the28155
Revised Code, provided that such vehicle shall not be operated at28156
a speed in excess of twenty miles per hour.28157

       (B)Whoever violates this section shall be punished as28158
provided in section 4513.99 of the Revised Code.28159

       Sec. 4513.17.  (A) Whenever a motor vehicle equipped with28160
headlights also is equipped with any auxiliary lights or spotlight28161
or any other light on the front thereof projecting a beam of an28162
intensity greater than three hundred candle power, not more than a28163
total of five of any such lights on the front of a vehicle shall28164
be lighted at any one time when the vehicle is upon a highway.28165

       (B) Any lighted light or illuminating device upon a motor28166
vehicle, other than headlights, spotlights, signal lights, or28167
auxiliary driving lights, that projects a beam of light of an28168
intensity greater than three hundred candle power, shall be so28169
directed that no part of the beam will strike the level of the28170
roadway on which the vehicle stands at a distance of more than28171
seventy-five feet from the vehicle.28172

       (C)(1) Flashing lights are prohibited on motor vehicles,28173
except as a means for indicating a right or a left turn, or in the28174
presence of a vehicular traffic hazard requiring unusual care in28175
approaching, or overtaking or passing. This prohibition does not28176
apply to emergency vehicles, road service vehicles servicing or28177
towing a disabled vehicle, traffic line stripers, snow plows,28178
rural mail delivery vehicles, vehicles as provided in section28179
4513.182 of the Revised Code, department of transportation28180
maintenance vehicles, funeral hearses, funeral escort vehicles,28181
and similar equipment operated by the department or local28182
authorities, which shall be equipped with and display, when used28183
on a street or highway for the special purpose necessitating such28184
lights, a flashing, oscillating, or rotating amber light, but28185
shall not display a flashing, oscillating, or rotating light of28186
any other color, nor to vehicles or machinery permitted by section28187
4513.11 of the Revised Code to have a flashing red light.28188

       (2) When used on a street or highway, farm machinery and28189
vehicles escorting farm machinery may be equipped with and display28190
a flashing, oscillating, or rotating amber light, and the28191
prohibition contained in division (C)(1) of this section does not28192
apply to such machinery or vehicles. Farm machinery also may28193
display the lights described in section 4513.11 of the Revised28194
Code.28195

       (D) Except a person operating a public safety vehicle, as28196
defined in division (E) of section 4511.01 of the Revised Code, or28197
a school bus, no person shall operate, move, or park upon, or28198
permit to stand within the right-of-way of any public street or28199
highway any vehicle or equipment that is equipped with and28200
displaying a flashing red or a flashing combination red and white28201
light, or an oscillating or rotating red light, or a combination28202
red and white oscillating or rotating light; and except a public28203
law enforcement officer, or other person sworn to enforce the28204
criminal and traffic laws of the state, operating a public safety28205
vehicle when on duty, no person shall operate, move, or park upon,28206
or permit to stand within the right-of-way of any street or28207
highway any vehicle or equipment that is equipped with, or upon28208
which is mounted, and displaying a flashing blue or a flashing28209
combination blue and white light, or an oscillating or rotating28210
blue light, or a combination blue and white oscillating or28211
rotating light.28212

       (E) This section does not prohibit the use of warning lights28213
required by law or the simultaneous flashing of turn signals on28214
disabled vehicles or on vehicles being operated in unfavorable28215
atmospheric conditions in order to enhance their visibility. This28216
section also does not prohibit the simultaneous flashing of turn28217
signals or warning lights either on farm machinery or vehicles28218
escorting farm machinery, when used on a street or highway.28219

       (F)Whoever violates this section shall be punished as28220
provided in section 4513.99 of the Revised Code.28221

       Sec. 4513.171. (A) Notwithstanding any other provision of28222
law, a motor vehicle operated by a coroner, deputy coroner, or28223
coroner's investigator may be equipped with a flashing,28224
oscillating, or rotating red or blue light and a siren, whistle,28225
or bell capable of emitting sound audible under normal conditions28226
from a distance of not less than five hundred feet. Such a28227
vehicle may display the flashing, oscillating, or rotating red or28228
blue light and may give the audible signal of the siren, exhaust28229
whistle, or bell only when responding to a fatality or a fatal28230
motor vehicle accident on a street or highway and only at those28231
locations where the stoppage of traffic impedes the ability of the28232
coroner, deputy coroner, or coroner's investigator to arrive at28233
the site of the fatality.28234

       This section does not relieve a coroner, deputy coroner, or28235
coroner's investigator operating a motor vehicle from the duty to28236
drive with due regard for the safety of all persons and property28237
upon the highway.28238

       (B)Whoever violates this section shall be punished as28239
provided in section 4513.99 of the Revised Code.28240

       Sec. 4513.18. (A) The director of transportation shall28241
adopt standards and specifications applicable to headlights,28242
clearance lights, identification, and other lights, on snow28243
removal equipment when operated on the highways, and on vehicles28244
operating under special permits pursuant to section 4513.34 of the28245
Revised Code, in lieu of the lights otherwise required on motor28246
vehicles. Such standards and specifications may permit the use of28247
flashing lights for purposes of identification on snow removal28248
equipment, and oversize vehicles when in service upon the28249
highways. The standards and specifications for lights referred to28250
in this section shall correlate with and, so far as possible,28251
conform with those approved by the American association of state28252
highway officials.28253

       It is unlawful to operate snow removal equipment on a highway28254
unless the lights thereon comply with and are lighted when and as28255
required by the standards and specifications adopted as provided28256
in this section.28257

       (B)Whoever violates this section shall be punished as28258
provided in section 4513.99 of the Revised Code.28259

       Sec. 4513.182.  (A) No person shall operate any motor28260
vehicle owned, leased, or hired by a nursery school, kindergarten,28261
or day-care center, while transporting preschool children to or28262
from such an institution unless the motor vehicle is equipped with28263
and displaying two amber flashing lights mounted on a bar attached28264
to the top of the vehicle, and a sign bearing the designation28265
"caution--children," which shall be attached to the bar carrying28266
the amber flashing lights in such a manner as to be legible to28267
persons both in front of and behind the vehicle. The lights and28268
sign shall meet standards and specifications adopted by the28269
director of public safety. The director, subject to Chapter 119.28270
of the Revised Code, shall adopt standards and specifications for28271
the lights and sign, which shall include, but are not limited to,28272
requirements for the color and size of lettering to be used on the28273
sign, the type of material to be used for the sign, and the method28274
of mounting the lights and sign so that they can be removed from a28275
motor vehicle being used for purposes other than those specified28276
in this section.28277

       (B) No person shall operate a motor vehicle displaying the28278
lights and sign required by this section for any purpose other28279
than the transportation of preschool children as provided in this28280
section.28281

       (C)Whoever violates this section shall be punished as28282
provided in section 4513.99 of the Revised Code.28283

       Sec. 4513.19. (A) No person shall use any lights mentioned28284
in sections 4513.03 to 4513.18 of the Revised Code, upon any motor28285
vehicle, trailer, or semitrailer unless said lights are equipped,28286
mounted, and adjusted as to focus and aim in accordance with28287
regulations which are prescribed by the director of public safety.28288

       (B)Whoever violates this section shall be punished as28289
provided in section 4513.99 of the Revised Code.28290

       Sec. 4513.20. (A) The following requirements govern as to28291
brake equipment on vehicles:28292

       (A)(1) Every trackless trolley and motor vehicle, other than28293
a motorcycle, when operated upon a highway shall be equipped with28294
brakes adequate to control the movement of and to stop and hold28295
such trackless trolley or motor vehicle, including two separate28296
means of applying the brakes, each of which means shall be28297
effective to apply the brakes to at least two wheels. If these28298
two separate means of applying the brakes are connected in any28299
way, then on such trackless trolleys or motor vehicles28300
manufactured or assembled after January 1, 1942, they shall be so28301
constructed that failure of any one part of the operating28302
mechanism shall not leave the trackless trolley or motor vehicle28303
without brakes on at least two wheels.28304

       (B)(2) Every motorcycle, when operated upon a highway shall28305
be equipped with at least one adequate brake, which may be28306
operated by hand or by foot.28307

       (C)(3) Every motorized bicycle shall be equipped with brakes28308
meeting the rules adopted by the director of public safety under28309
section 4511.521 of the Revised Code.28310

       (D)(4) When operated upon the highways of this state, the28311
following vehicles shall be equipped with brakes adequate to28312
control the movement of and to stop and to hold the vehicle,28313
designed to be applied by the driver of the towing motor vehicle28314
from its cab, and also designed and connected so that, in case of28315
a breakaway of the towed vehicle, the brakes shall be28316
automatically applied:28317

       (1)(a) Every trailer or semitrailer, except a pole trailer,28318
with an empty weight of two thousand pounds or more, manufactured28319
or assembled on or after January 1, 1942;28320

       (2)(b) Every manufactured home or travel trailer with an28321
empty weight of two thousand pounds or more, manufactured or28322
assembled on or after January 1, 2001.28323

       (E)(5) In any combination of motor-drawn trailers or28324
semitrailers equipped with brakes, means shall be provided for28325
applying the rearmost brakes in approximate synchronism with the28326
brakes on the towing vehicle, and developing the required braking28327
effort on the rearmost wheels at the fastest rate; or means shall28328
be provided for applying braking effort first on the rearmost28329
brakes; or both of the above means, capable of being used28330
alternatively, may be employed.28331

       (F)(6) Every vehicle and combination of vehicles, except28332
motorcycles and motorized bicycles, and except trailers and28333
semitrailers of a gross weight of less than two thousand pounds,28334
and pole trailers, shall be equipped with parking brakes adequate28335
to hold the vehicle on any grade on which it is operated, under28336
all conditions of loading, on a surface free from snow, ice, or28337
loose material. The parking brakes shall be capable of being28338
applied in conformance with the foregoing requirements by the28339
driver's muscular effort or by spring action or by equivalent28340
means. Their operation may be assisted by the service brakes or28341
other source of power provided that failure of the service brake28342
actuation system or other power assisting mechanism will not28343
prevent the parking brakes from being applied in conformance with28344
the foregoing requirements. The parking brakes shall be so28345
designed that when once applied they shall remain applied with the28346
required effectiveness despite exhaustion of any source of energy28347
or leakage of any kind.28348

       (G)(7) The same brake drums, brake shoes and lining28349
assemblies, brake shoe anchors, and mechanical brake shoe28350
actuation mechanism normally associated with the wheel brake28351
assemblies may be used for both the service brakes and the parking28352
brakes. If the means of applying the parking brakes and the28353
service brakes are connected in any way, they shall be so28354
constructed that failure of any one part shall not leave the28355
vehicle without operative brakes.28356

       (H)(8) Every trackless trolley, motor vehicle, or28357
combination of motor-drawn vehicles shall be capable at all times28358
and under all conditions of loading of being stopped on a dry,28359
smooth, level road free from loose material, upon application of28360
the service or foot brake, within the following specified28361
distances, or shall be capable of being decelerated at a sustained28362
rate corresponding to these distances:28363

       (1)(a) Trackless trolleys, vehicles, or combinations of28364
vehicles having brakes on all wheels shall come to a stop in28365
thirty feet or less from a speed of twenty miles per hour.28366

       (2)(b) Vehicles or combinations of vehicles not having28367
brakes on all wheels shall come to a stop in forty feet or less28368
from a speed of twenty miles per hour.28369

       (I)(9) All brakes shall be maintained in good working order28370
and shall be so adjusted as to operate as equally as practicable28371
with respect to the wheels on opposite sides of the trackless28372
trolley or vehicle.28373

       (B) Whoever violates this section shall be punished as28374
provided in section 4513.99 of the Revised Code.28375

       Sec. 4513.201.  (A) No hydraulic brake fluid for use in28376
motor vehicles shall be sold in this state if the brake fluid is28377
below the minimum standard of specifications for heavy duty type28378
brake fluid established by the society of automotive engineers and28379
the standard of specifications established by 49 C.F.R. 571.116,28380
as amended.28381

       (B) All manufacturers, packers, or distributors of brake28382
fluid selling such fluid in this state shall state on the28383
containers that the brake fluid therein meets or exceeds the28384
applicable minimum SAE standard of specifications and the standard28385
of specifications established in 49 C.F.R. 571.116, as amended.28386

       (C)Whoever violates this section shall be punished as28387
provided in section 4513.99 of the Revised Code.28388

       Sec. 4513.202.  (A) No brake lining, brake lining material,28389
or brake lining assemblies for use as repair and replacement parts28390
in motor vehicles shall be sold in this state if these items do28391
not meet or exceed the minimum standard of specifications28392
established by the society of automotive engineers and the28393
standard of specifications established in 49 C.F.R. 571.105, as28394
amended, and 49 C.F.R. 571.135, as amended.28395

       (B) All manufacturers or distributors of brake lining, brake28396
lining material, or brake lining assemblies selling these items28397
for use as repair and replacement parts in motor vehicles shall28398
state that the items meet or exceed the applicable minimum28399
standard of specifications.28400

       (C) Whoever violates this section shall be punished as28401
provided in section 4513.99 of the Revised Code.28402

       (D) As used in this section, "minimum standard of28403
specifications" means a minimum standard for brake system or brake28404
component performance that meets the need for motor vehicle safety28405
and complies with the applicable SAE standards and recommended28406
practices, and the federal motor vehicle safety standards that28407
cover the same aspect of performance for any brake lining, brake28408
lining material, or brake lining assemblies.28409

       Sec. 4513.21. (A) Every motor vehicle or trackless trolley28410
when operated upon a highway shall be equipped with a horn which28411
is in good working order and capable of emitting sound audible,28412
under normal conditions, from a distance of not less than two28413
hundred feet.28414

       No motor vehicle or trackless trolley shall be equipped with,28415
nor shall any person use upon a vehicle, any siren, whistle, or28416
bell. Any vehicle may be equipped with a theft alarm signal28417
device which shall be so arranged that it cannot be used as an28418
ordinary warning signal. Every emergency vehicle shall be28419
equipped with a siren, whistle, or bell, capable of emitting sound28420
audible under normal conditions from a distance of not less than28421
five hundred feet and of a type approved by the director of public28422
safety. Such equipment shall not be used except when such vehicle28423
is operated in response to an emergency call or is in the28424
immediate pursuit of an actual or suspected violator of the law,28425
in which case the driver of the emergency vehicle shall sound such28426
equipment when it is necessary to warn pedestrians and other28427
drivers of the approach thereof.28428

       (B)Whoever violates this section shall be punished as28429
provided in section 4513.99 of the Revised Code.28430

       Sec. 4513.22. (A) Every motor vehicle and motorcycle with28431
an internal combustion engine shall at all times be equipped with28432
a muffler which is in good working order and in constant operation28433
to prevent excessive or unusual noise, and no person shall use a28434
muffler cutout, by-pass, or similar device upon a motor vehicle on28435
a highway. Every motorcycle muffler shall be equipped with baffle28436
plates.28437

       No person shall own, operate, or have in histhe person's28438
possession any motor vehicle or motorcycle equipped with a device28439
for producing excessive smoke or gas, or so equipped as to permit28440
oil or any other chemical to flow into or upon the exhaust pipe or28441
muffler of such vehicle, or equipped in any other way to produce28442
or emit smoke or dangerous or annoying gases from any portion of28443
such vehicle, other than the ordinary gases emitted by the exhaust28444
of an internal combustion engine under normal operation.28445

       (B)Whoever violates this section shall be punished as28446
provided in section 4513.99 of the Revised Code.28447

       Sec. 4513.23. (A) Every motor vehicle, motorcycle, and28448
trackless trolley shall be equipped with a mirror so located as to28449
reflect to the operator a view of the highway to the rear of such28450
vehicle, motorcycle, or trackless trolley. Operators of vehicles,28451
motorcycles, streetcars, and trackless trolleys shall have a clear28452
and unobstructed view to the front and to both sides of their28453
vehicles, motorcycles, streetcars, or trackless trolleys and shall28454
have a clear view to the rear of their vehicles, motorcycles,28455
streetcars, or trackless trolleys by mirror.28456

       (B)Whoever violates this section shall be punished as28457
provided in section 4513.99 of the Revised Code.28458

       Sec. 4513.24.  (A) No person shall drive any motor vehicle28459
on a street or highway in this state, other than a motorcycle or28460
motorized bicycle, that is not equipped with a windshield.28461

       (B) No person shall drive any motor vehicle, other than a28462
bus, with any sign, poster, or other nontransparent material upon28463
the front windshield, sidewings, side, or rear windows of such28464
vehicle other than a certificate or other paper required to be28465
displayed by law, except that there may be in the lower left-hand28466
or right-hand corner of the windshield a sign, poster, or decal28467
not to exceed four inches in height by six inches in width. No28468
sign, poster, or decal shall be displayed in the front windshield28469
in such a manner as to conceal the vehicle identification number28470
for the motor vehicle when, in accordance with federal law, that28471
number is located inside the vehicle passenger compartment and so28472
placed as to be readable through the vehicle glazing without28473
moving any part of the vehicle.28474

       (C) The windshield on every motor vehicle, streetcar, and28475
trackless trolley shall be equipped with a device for cleaning28476
rain, snow, or other moisture from the windshield. The device28477
shall be maintained in good working order and so constructed as to28478
be controlled or operated by the operator of the vehicle,28479
streetcar, or trackless trolley.28480

       (D)Whoever violates this section shall be punished as28481
provided in section 4513.99 of the Revised Code.28482

       Sec. 4513.241.  (A) The director of public safety, in28483
accordance with Chapter 119. of the Revised Code, shall adopt28484
rules governing the use of tinted glass, and the use of28485
transparent, nontransparent, translucent, and reflectorized28486
materials in or on motor vehicle windshields, side windows,28487
sidewings, and rear windows that prevent a person of normal vision28488
looking into the motor vehicle from seeing or identifying persons28489
or objects inside the motor vehicle.28490

       (B) The rules adopted under this section may provide for28491
persons who meet either of the following qualifications:28492

       (1) On November 11, 1994, or the effective date of this28493
section or of any rule adopted under this section, own a motor28494
vehicle that does not comformconform to the requirements of this28495
section or of any rule adopted under this section;28496

       (2) Establish residency in this state and are required to28497
register a motor vehicle that does not conform to the requirements28498
of this section or of any rule adopted under this section.28499

       (C) No person shall operate, on any highway or other public28500
or private property open to the public for vehicular travel or28501
parking, lease, or rent any motor vehicle that is registered in28502
this state unless the motor vehicle conforms to the requirements28503
of this section and of any applicable rule adopted under this28504
section.28505

       (D) No person shall install in or on any motor vehicle, any28506
glass or other material that fails to conform to the requirements28507
of this section or of any rule adopted under this section.28508

       (E) No used motor vehicle dealer or new motor vehicle28509
dealer, as defined in section 4517.01 of the Revised Code, shall28510
sell any motor vehicle that fails to conform to the requirements28511
of this section or of any rule adopted under this section.28512

       (F) No reflectorized materials shall be permitted upon or in28513
any front windshield, side windows, sidewings, or rear window.28514

       (G) This section does not apply to the manufacturer's28515
tinting or glazing of motor vehicle windows or windshields that is28516
otherwise in compliance with or permitted by federal motor vehicle28517
safety standard number two hundred five.28518

       (H) With regard to any side window behind a driver's seat or28519
any rear window other than any window on an emergency door, this28520
section does not apply to any school bus used to transport a28521
handicapped child pursuant to a special education program under28522
Chapter 3323. of the Revised Code, whom it is impossible or28523
impractical to transport by regular school bus in the course of28524
regular route transportation provided by a school district. As28525
used in this division, "handicapped child" and "special education28526
program" have the same meanings as in section 3323.01 of the28527
Revised Code.28528

       (I) This section does not apply to any school bus that is to28529
be sold and operated outside this state.28530

       (J)Whoever violates division (C), (D), (E), or (F) of this28531
section is guilty of a minor misdemeanor.28532

       Sec. 4513.242. (A) Notwithstanding section 4513.24 and28533
division (F) of section 4513.241 of the Revised Code or any rule28534
adopted thereunder, a decal, whether reflectorized or not, may be28535
displayed upon any side window or sidewing of a motor vehicle if28536
all of the following are met:28537

       (A)(1) The decal is necessary for public or private security28538
arrangements to which the motor vehicle periodically is subjected;28539

       (B)(2) The decal is no larger than is necessary to28540
accomplish the security arrangements;28541

       (C)(3) The decal does not obscure the vision of the motor28542
vehicle operator or prevent a person looking into the motor28543
vehicle from seeing or identifying persons or objects inside the28544
motor vehicle.28545

       (B)Whoever violates this section shall be punished as28546
provided in section 4513.99 of the Revised Code.28547

       Sec. 4513.25. (A) Every solid tire, as defined in section28548
4501.01 of the Revised Code, on a vehicle shall have rubber or28549
other resilient material on its entire traction surface at least28550
one inch thick above the edge of the flange of the entire28551
periphery.28552

       (B)Whoever violates this section shall be punished as28553
provided in section 4513.99 of the Revised Code.28554

       Sec. 4513.26. (A) No person shall sell any new motor28555
vehicle nor shall any new motor vehicle be registered, and no28556
person shall operate any motor vehicle, which is registered in28557
this state and which has been manufactured or assembled on or28558
after January 1, 1936, unless the motor vehicle is equipped with28559
safety glass wherever glass is used in the windshields, doors,28560
partitions, rear windows, and windows on each side immediately28561
adjacent to the rear window.28562

       "Safety glass" means any product composed of glass so28563
manufactured, fabricated, or treated as substantially to prevent28564
shattering and flying of the glass when it is struck or broken, or28565
such other or similar product as may be approved by the registrar28566
of motor vehicles.28567

       Glass other than safety glass shall not be offered for sale,28568
or sold for use in, or installed in any door, window, partition,28569
or windshield that is required by this section to be equipped with28570
safety glass.28571

       (B)Whoever violates this section shall be punished as28572
provided in section 4513.99 of the Revised Code.28573

       Sec. 4513.261.  (A)(1) No person shall operate any motor28574
vehicle manufactured or assembled on or after January 1, 1954,28575
unless the vehicle is equipped with electrical or mechanical28576
directional signals.28577

       (2) No person shall operate any motorcycle or motor-driven28578
cycle manufactured or assembled on or after January 1, 1968,28579
unless the vehicle is equipped with electrical or mechanical28580
directional signals.28581

       (B) "Directional signals" means an electrical or mechanical28582
signal device capable of clearly indicating an intention to turn28583
either to the right or to the left and which shall be visible from28584
both the front and rear.28585

       (C) All mechanical signal devices shall be self-illuminating28586
devices when in use at the times mentioned in section 4513.03 of28587
the Revised Code.28588

       (D) Whoever violates this section is guilty of a minor28589
misdemeanor.28590

       Sec. 4513.262. (A) As used in this section and in section28591
4513.263 of the Revised Code, the component parts of a "seat28592
safety belt" include a belt, anchor attachment assembly, and a28593
buckle or closing device.28594

       (A)(B) No person shall sell, lease, rent, or operate any28595
passenger car, as defined in division (E) of section 4501.01 of28596
the Revised Code, that is registered or to be registered in this28597
state and that is manufactured or assembled on or after January 1,28598
1962, unless the passenger car is equipped with sufficient28599
anchorage units at the attachment points for attaching at least28600
two sets of seat safety belts to its front seat. Such anchorage28601
units at the attachment points shall be of such construction,28602
design, and strength to support a loop load pull of not less than28603
four thousand pounds for each belt.28604

       (B)(C) No person shall sell, lease, or rent any passenger28605
car, as defined in division (E) of section 4501.01 of the Revised28606
Code, that is registered or to be registered in this state and28607
that is manufactured or assembled on or after January 1, 1966,28608
unless the passenger car has installed in its front seat at least28609
two seat safety belt assemblies.28610

       (C)(D) After January 1, 1966, neither any seat safety belt28611
for use in a motor vehicle nor any component part of any such seat28612
safety belt shall be sold in this state unless the seat safety28613
belt or the component part satisfies the minimum standard of28614
specifications established by the society of automotive engineers28615
for automotive seat belts and unless the seat safety belt or28616
component part is labeled so as to indicate that it meets those28617
minimum standard specifications.28618

       (D)(E) Each sale, lease, or rental in violation of this28619
section constitutes a separate offense.28620

       (F) Whoever violates this section is guilty of a minor28621
misdemeanor.28622

       Sec. 4513.263.  (A) As used in this section and in section28623
4513.99 of the Revised Code:28624

       (1) "Automobile" means any commercial tractor, passenger28625
car, commercial car, or truck that is required to be28626
factory-equipped with an occupant restraining device for the28627
operator or any passenger by regulations adopted by the United28628
States secretary of transportation pursuant to the "National28629
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 1528630
U.S.C.A. 1392.28631

       (2) "Occupant restraining device" means a seat safety belt,28632
shoulder belt, harness, or other safety device for restraining a28633
person who is an operator of or passenger in an automobile and28634
that satisfies the minimum federal vehicle safety standards28635
established by the United States department of transportation.28636

       (3) "Passenger" means any person in an automobile, other28637
than its operator, who is occupying a seating position for which28638
an occupant restraining device is provided.28639

       (4) "Commercial tractor," "passenger car," and "commercial28640
car" have the same meanings as in section 4501.01 of the Revised28641
Code.28642

       (5) "Vehicle" and "motor vehicle," as used in the28643
definitions of the terms set forth in division (A)(4) of this28644
section, have the same meanings as in section 4511.01 of the28645
Revised Code.28646

       (B) No person shall do any of the following:28647

       (1) Operate an automobile on any street or highway unless28648
that person is wearing all of the available elements of a properly28649
adjusted occupant restraining device, or operate a school bus that28650
has an occupant restraining device installed for use in its28651
operator's seat unless that person is wearing all of the available28652
elements of the device, as properly adjusted;28653

       (2) Operate an automobile on any street or highway unless28654
each passenger in the automobile who is subject to the requirement28655
set forth in division (B)(3) of this section is wearing all of the28656
available elements of a properly adjusted occupant restraining28657
device;28658

       (3) Occupy, as a passenger, a seating position on the front28659
seat of an automobile being operated on any street or highway28660
unless that person is wearing all of the available elements of a28661
properly adjusted occupant restraining device;28662

       (4) Operate a taxicab on any street or highway unless all28663
factory-equipped occupant restraining devices in the taxicab are28664
maintained in usable form.28665

       (C) Division (B)(3) of this section does not apply to a28666
person who is required by section 4511.81 of the Revised Code to28667
be secured in a child restraint device. Division (B)(1) of this28668
section does not apply to a person who is an employee of the28669
United States postal service or of a newspaper home delivery28670
service, during any period in which the person is engaged in the28671
operation of an automobile to deliver mail or newspapers to28672
addressees. Divisions (B)(1) and (3) of this section do not apply28673
to a person who has an affidavit signed by a physician licensed to28674
practice in this state under Chapter 4731. of the Revised Code or28675
a chiropractor licensed to practice in this state under Chapter28676
4734. of the Revised Code that states that the person has a28677
physical impairment that makes use of an occupant restraining28678
device impossible or impractical.28679

       (D) Notwithstanding any provision of law to the contrary, no28680
law enforcement officer shall cause an operator of an automobile28681
being operated on any street or highway to stop the automobile for28682
the sole purpose of determining whether a violation of division28683
(B) of this section has been or is being committed or for the sole28684
purpose of issuing a ticket, citation, or summons for a violation28685
of that nature or causing the arrest of or commencing a28686
prosecution of a person for a violation of that nature, and no law28687
enforcement officer shall view the interior or visually inspect28688
any automobile being operated on any street or highway for the28689
sole purpose of determining whether a violation of that nature has28690
been or is being committed.28691

       (E) All fines collected for violations of division (B) of28692
this section, or for violations of any ordinance or resolution of28693
a political subdivision that is substantively comparable to that28694
division, shall be forwarded to the treasurer of state for deposit28695
as follows:28696

       (1) Eight per cent shall be deposited into the seat belt28697
education fund, which is hereby created in the state treasury, and28698
shall be used by the department of public safety to establish a28699
seat belt education program.28700

       (2) Eight per cent shall be deposited into the elementary28701
school program fund, which is hereby created in the state28702
treasury, and shall be used by the department of public safety to28703
establish and administer elementary school programs that encourage28704
seat safety belt use.28705

       (3) Two per cent shall be deposited into the Ohio ambulance28706
licensing trust fund created by section 4766.05 of the Revised28707
Code.28708

       (4) Twenty-eight per cent shall be deposited into the trauma28709
and emergency medical services fund, which is hereby created in28710
the state treasury, and shall be used by the department of public28711
safety for the administration of the division of emergency medical28712
services and the state board of emergency medical services.28713

       (5) Fifty-four per cent shall be deposited into the trauma28714
and emergency medical services grants fund, which is hereby28715
created in the state treasury, and shall be used by the state28716
board of emergency medical services to make grants, in accordance28717
with section 4765.07 of the Revised Code and rules the board28718
adopts under section 4765.11 of the Revised Code.28719

       (F)(1) Subject to division (F)(2) of this section, the28720
failure of a person to wear all of the available elements of a28721
properly adjusted occupant restraining device or to ensure that28722
each passenger of an automobile being operated by the person is28723
wearing all of the available elements of such a device, in28724
violation of division (B)(2) of this section, shall not be28725
considered or used as evidence of negligence or contributory28726
negligence, shall not diminish recovery for damages in any civil28727
action involving the person arising from the ownership,28728
maintenance, or operation of an automobile; shall not be used as a28729
basis for a criminal prosecution of the person other than a28730
prosecution for a violation of this section; and shall not be28731
admissible as evidence in any civil or criminal action involving28732
the person other than a prosecution for a violation of this28733
section.28734

       (2) If, at the time of an accident involving a passenger car28735
equipped with occupant restraining devices, any occupant of the28736
passenger car who sustained injury or death was not wearing an28737
available occupant restraining device, was not wearing all of the28738
available elements of such a device, or was not wearing such a28739
device as properly adjusted, then, consistent with the Rules of28740
Evidence, the fact that the occupant was not wearing the available28741
occupant restraining device, was not wearing all of the available28742
elements of such a device, or was not wearing such a device as28743
properly adjusted is admissible in evidence in relation to any28744
claim for relief in a tort action to the extent that the claim for28745
relief satisfies all of the following:28746

       (a) It seeks to recover damages for injury or death to the28747
occupant.28748

       (b) The defendant in question is the manufacturer, designer,28749
distributor, or seller of the passenger car.28750

       (c) The claim for relief against the defendant in question28751
is that the injury or death sustained by the occupant was enhanced28752
or aggravated by some design defect in the passenger car or that28753
the passenger car was not crashworthy.28754

       (3) As used in division (F)(2) of this section, "tort28755
action" means a civil action for damages for injury, death, or28756
loss to person or property. "Tort action" includes a product28757
liability claim that is subject to sections 2307.71 to 2307.80 of28758
the Revised Code, but does not include a civil action for damages28759
for a breach of a contract or another agreement between persons.28760

       (G)(1) Whoever violates division (B)(1) of this section28761
shall be fined thirty dollars.28762

       (2) Whoever violates division (B)(3) of this section shall28763
be fined twenty dollars.28764

       (3) Except as otherwise provided in this division, whoever28765
violates division (B)(4) of this section is guilty of a minor28766
misdemeanor. If the offender previously has been convicted of or28767
pleaded guilty to a violation of division (B)(4) of this section,28768
whoever violates division (B)(4) of this section is guilty of a28769
misdemeanor of the third degree.28770


       Sec. 4513.27.  (A) No person shall operate any motor truck,28772
trackless trolley, bus, or commercial tractor upon any highway28773
outside the corporate limits of municipalities at any time from28774
sunset to sunrise unless there is carried in such vehicle and28775
trackless trolley, except as provided in division (B) of this28776
section, the following equipment which shall be of the types28777
approved by the director of transportation:28778

       (1) At least three flares or three red reflectors or three28779
red electric lanterns, each of which is capable of being seen and28780
distinguished at a distance of five hundred feet under normal28781
atmospheric conditions at night time;28782

       (2) At least three red-burning fusees, unless red reflectors28783
or red electric lanterns are carried;28784

       (3) At least two red cloth flags, not less than twelve28785
inches square, with standards to support them;28786

       (4) The type of red reflectors shall comply with such28787
standards and specifications in effect on September 16, 1963 or28788
later established by the interstate commerce commission and must28789
be certified as meeting such standards by underwriter's28790
laboratories.28791

       (B) No person shall operate at the time and under the28792
conditions stated in this section any motor vehicle used in28793
transporting flammable liquids in bulk, or in transporting28794
compressed flammable gases, unless there is carried in such28795
vehicle three red electric lanterns or three red reflectors28796
meeting the requirements stated in division (A) of this section.28797
There shall not be carried in any such vehicle any flare, fusee,28798
or signal produced by a flame.28799

       (C) This section does not apply to any person who operates28800
any motor vehicle in a work area designated by protection28801
equipment devices that are displayed and used in accordance with28802
the manual adopted by the department of transportation under28803
section 4511.09 of the Revised Code.28804

       (D) Whoever violates this section shall be punished as28805
provided in section 4513.99 of the Revised Code.28806

       Sec. 4513.28.  (A) Whenever any motor truck, trackless28807
trolley, bus, commercial tractor, trailer, semi-trailer, or pole28808
trailer is disabled upon the traveled portion of any highway or28809
the shoulder thereof outside of any municipality, or upon any28810
freeway, expressway, thruway and connecting, entering or exiting28811
ramps within a municipality, at any time when lighted lamps are28812
required on vehicles and trackless trolleys, the operator of such28813
vehicle or trackless trolley shall display the following warning28814
devices upon the highway during the time the vehicle or trackless28815
trolley is so disabled on the highway except as provided in28816
division (B) of this section:28817

       (l) A lighted fusee shall be immediately placed on the28818
roadway at the traffic side of such vehicle or trackless trolley,28819
unless red electric lanterns or red reflectors are displayed.28820

       (2) Within the burning period of the fusee and as promptly28821
as possible, three lighted flares or pot torches, or three red28822
reflectors or three red electric lanterns shall be placed on the28823
roadway as follows:28824

       (a) One at a distance of forty paces or approximately one28825
hundred feet in advance of the vehicle;28826

       (b) One at a distance of forty paces or approximately one28827
hundred feet to the rear of the vehicle or trackless trolley28828
except as provided in this section, each in the center of the lane28829
of traffic occupied by the disabled vehicle or trackless trolley;28830

       (c) One at the traffic side of the vehicle or trackless28831
trolley.28832

       (B) Whenever any vehicle used in transporting flammable28833
liquids in bulk, or in transporting compressed flammable gases, is28834
disabled upon a highway at any time or place mentioned in division28835
(A) of this section, the driver of such vehicle shall display upon28836
the roadway the following warning devices:28837

       (l) One red electric lantern or one red reflector shall be28838
immediately placed on the roadway at the traffic side of the28839
vehicle;28840

       (2) Two other red electric lanterns or two other red28841
reflectors shall be placed to the front and rear of the vehicle in28842
the same manner prescribed for flares in division (A) of this28843
section.28844

       (C) When a vehicle of a type specified in division (B) of28845
this section is disabled, the use of flares, fusees, or any signal28846
produced by flame as warning signals is prohibited.28847

       (D) Whenever any vehicle or trackless trolley of a type28848
referred to in this section is disabled upon the traveled portion28849
of a highway or the shoulder thereof, outside of any municipality,28850
or upon any freeway, expressway, thruway and connecting, entering28851
or exiting ramps within a municipality, at any time when the28852
display of fusees, flares, red reflectors, or electric lanterns is28853
not required, the operator of such vehicle or trackless trolley28854
shall display two red flags upon the roadway in the lane of28855
traffic occupied by the disabled vehicle or trackless trolley, one28856
at a distance of forty paces or approximately one hundred feet in28857
advance of the vehicle or trackless trolley, and one at a distance28858
of forty paces or approximately one hundred feet to the rear of28859
the vehicle or trackless trolley, except as provided in this28860
section.28861

       (E) The flares, fusees, lanterns, red reflectors, and flags28862
to be displayed as required in this section shall conform with the28863
requirements of section 4513.27 of the Revised Code applicable28864
thereto.28865

       (F) In the event the vehicle or trackless trolley is28866
disabled near a curve, crest of a hill, or other obstruction of28867
view, the flare, flag, reflector, or lantern in that direction28868
shall be placed as to afford ample warning to other users of the28869
highway, but in no case shall it be placed less than forty paces28870
or approximately one hundred feet nor more than one hundred twenty28871
paces or approximately three hundred feet from the disabled28872
vehicle or trackless trolley.28873

       (G) This section does not apply to the operator of any28874
vehicle in a work area designated by protection equipment devices28875
that are displayed and used in accordance with the manual adopted28876
by the department of transportation under section 4511.09 of the28877
Revised Code.28878

       (H)Whoever violates this section shall be punished as28879
provided in section 4513.99 of the Revised Code.28880

       Sec. 4513.29. (A) Any person operating any vehicle28881
transporting explosives upon a highway shall at all times comply28882
with the following requirements:28883

       (A)(1) Said vehicle shall be marked or placarded on each28884
side and on the rear with the word "explosives" in letters not28885
less than eight inches high, or there shall be displayed on the28886
rear of such vehicle a red flag not less than twenty-four inches28887
square marked with the word "danger" in white letters six inches28888
high, or shall be marked or placarded in accordance with section28889
177.823 of the United States department of transportation28890
regulations.28891

       (B)(2) Said vehicle shall be equipped with not less than two28892
fire extinguishers, filled and ready for immediate use, and placed28893
at convenient points on such vehicle.28894

       (C)(3) The director of transportation may promulgate such28895
regulations governing the transportation of explosives and other28896
dangerous articles by vehicles upon the highway as are reasonably28897
necessary to enforce sections 4513.01 to 4513.37 of the Revised28898
Code.28899

       (B)Whoever violates this section shall be punished as28900
provided in section 4513.99 of the Revised Code.28901

       Sec. 4513.30. (A) No passenger-type vehicle shall be28902
operated on a highway with any load carried on such vehicle which28903
extends more than six inches beyond the line of the fenders on the28904
vehicle's left side.28905

       (B)Whoever violates this section shall be punished as28906
provided in section 4513.99 of the Revised Code.28907

       Sec. 4513.31.  (A) No vehicle shall be driven or moved on28908
any highway unless the vehicle is so constructed, loaded, or28909
covered as to prevent any of its load from dropping, sifting,28910
leaking, or otherwise escaping therefrom, except that sand or28911
other substance may be dropped for the purpose of securing28912
traction, or water or other substance may be sprinkled on a28913
roadway in cleaning or maintaining the roadway.28914

       (B) Except for a farm vehicle used to transport agricultural28915
produce or agricultural production materials or a rubbish vehicle28916
in the process of acquiring its load, no vehicle loaded with28917
garbage, swill, cans, bottles, waste paper, ashes, refuse, trash,28918
rubbish, waste, wire, paper, cartons, boxes, glass, solid waste,28919
or any other material of an unsanitary nature that is susceptible28920
to blowing or bouncing from a moving vehicle shall be driven or28921
moved on any highway unless the load is covered with a sufficient28922
cover to prevent the load or any part of the load from spilling28923
onto the highway.28924

       (C)Whoever violates this section shall be punished as28925
provided in section 4513.99 of the Revised Code.28926

       Sec. 4513.32. (A) When one vehicle is towing another28927
vehicle, the drawbar or other connection shall be of sufficient28928
strength to pull all the weight towed thereby, and the drawbar or28929
other connection shall not exceed fifteen feet from one vehicle to28930
the other, except the connection between any two vehicles28931
transporting poles, pipe, machinery, or other objects of28932
structural nature which cannot readily be dismembered.28933

       When one vehicle is towing another and the connection28934
consists only of a chain, rope, or cable, there shall be displayed28935
upon such connection a white flag or cloth not less than twelve28936
inches square.28937

       In addition to such drawbar or other connection, each trailer28938
and each semitrailer which is not connected to a commercial28939
tractor by means of a fifth wheel shall be coupled with stay28940
chains or cables to the vehicle by which it is being drawn. The28941
chains or cables shall be of sufficient size and strength to28942
prevent the towed vehicle's parting from the drawing vehicle in28943
case the drawbar or other connection should break or become28944
disengaged. In case of a loaded pole trailer, the connecting pole28945
to the drawing vehicle shall be coupled to the drawing vehicle28946
with stay chains or cables of sufficient size and strength to28947
prevent the towed vehicle's parting from the drawing vehicle.28948

       Every trailer or semitrailer, except pole and cable trailers28949
and pole and cable dollies operated by a public utility as defined28950
in section 5727.01 of the Revised Code, shall be equipped with a28951
coupling device, which shall be so designed and constructed that28952
the trailer will follow substantially in the path of the vehicle28953
drawing it, without whipping or swerving from side to side.28954
Vehicles used to transport agricultural produce or agricultural28955
production materials between a local place of storage and supply28956
and the farm, when drawn or towed on a street or highway at a28957
speed of twenty-five miles per hour or less, and vehicles designed28958
and used exclusively to transport a boat between a place of28959
storage and a marina, or in and around a marina, when drawn or28960
towed on a street or highway for a distance of no more than ten28961
miles and at a speed of twenty-five miles per hour or less, shall28962
have a drawbar or other connection, including the hitch mounted on28963
the towing vehicle, which shall be of sufficient strength to pull28964
all the weight towed thereby. Only one such vehicle used to28965
transport agricultural produce or agricultural production28966
materials as provided in this section may be towed or drawn at one28967
time, except as follows:28968

       (A)(1) An agricultural tractor may tow or draw more than one28969
such vehicle;28970

       (B)(2) A pickup truck or straight truck designed by the28971
manufacturer to carry a load of not less than one-half ton and not28972
more than two tons may tow or draw not more than two such vehicles28973
that are being used to transport agricultural produce from the28974
farm to a local place of storage. No vehicle being so towed by28975
such a pickup truck or straight truck shall be considered to be a28976
motor vehicle.28977

       (B)Whoever violates this section shall be punished as28978
provided in section 4513.99 of the Revised Code.28979

       Sec. 4513.34. (A) The director of transportation with28980
respect to all highways which are a part of the state highway28981
system and local authorities with respect to highways under their28982
jurisdiction may, upon application in writing and for good cause28983
shown, issue a special permit in writing authorizing the applicant28984
to operate or move a vehicle or combination of vehicles of a size28985
or weight of vehicle or load exceeding the maximum specified in28986
sections 5577.01 to 5577.09 of the Revised Code, or otherwise not28987
in conformity with sections 4513.01 to 4513.37 of the Revised28988
Code, upon any highway under the jurisdiction of the authority28989
granting such permit. Notwithstanding sections 715.22 and 723.0128990
of the Revised Code, the holder of a special permit issued by the28991
director under this section may move the vehicle or combination of28992
vehicles described in such special permit on any highway which is28993
a part of the state highway system, when the movement is partly28994
within and partly without the corporate limits of a municipal28995
corporation. No local authority shall require any other permit or28996
license or charge any license fee or other charge against the28997
holder of a permit for the movement of a vehicle or combination of28998
vehicles on any highway that is a part of the state highway28999
system. No holder of a permit issued by a local authority shall29000
be required by the director to obtain a special permit for the29001
movement of vehicles or combination of vehicles on highways within29002
the jurisdiction of the local authority. Permits may be issued29003
for any period of time, not to exceed one year, as the director in29004
histhe director's discretion or a local authority in its29005
discretion deems advisable or for the duration of any public29006
construction project.29007

       The application for a permit shall be in such form as the29008
director or local authority prescribes. The director or local29009
authority may prescribe a permit fee to be imposed and collected29010
when any permit described in this section is issued. The permit29011
fee may be in an amount sufficient to reimburse the director or29012
local authority for the administrative costs incurred in issuing29013
the permit, and also to cover the cost of the normal and expected29014
damage caused to the roadway or a street or highway structure as29015
the result of the operation of the nonconforming vehicle or29016
combination of vehicles. The director, in accordance with Chapter29017
119. of the Revised Code, shall establish a schedule of fees for29018
permits issued by the director under this section.29019

       For the purposes of this section and of rules adopted by the29020
director under this section, milk transported in bulk by vehicle29021
is deemed a nondivisible load.29022

       The director or local authority may issue or withhold a29023
permit. If a permit is to be issued, the director or local29024
authority may limit or prescribe conditions of operation for the29025
vehicle, and may require the posting of a bond or other security29026
conditioned upon the sufficiency of the permit fee to compensate29027
for damage caused to the roadway or a street or highway structure.29028

       Every permit shall be carried in the vehicle or combination29029
of vehicles to which it refers and shall be open to inspection by29030
any police officer or authorized agent of any authority granting29031
the permit. No person shall violate any of the terms of a permit.29032

       (B)Whoever violates this section shall be punished as29033
provided in section 4513.99 of the Revised Code.29034

       Sec. 4513.36. (A) No person shall resist, hinder, obstruct,29035
or abuse any sheriff, constable, or other official while suchthat29036
official is attempting to arrest offenders under any provision of29037
sections 4511.01 to 4511.78, inclusive, 4511.99, and 4513.01 to29038
4513.37, inclusive, of the Revised Code. No person shall29039
interfere with any person charged under suchany provision of any29040
of those sections with the enforcement of the law relative to29041
public highways.29042

       (B)Whoever violates this section is guilty of a minor29043
misdemeanor.29044

       Sec. 4513.361. (A) No person shall knowingly present,29045
display, or orally communicate a false name, social security29046
number, or date of birth to a law enforcement officer who is in29047
the process of issuing to the person a traffic ticket or29048
complaint.29049

       (B) Whoever violates this section is guilty of a misdemeanor29050
of the first degree.29051

       Sec. 4513.51.  (A) Except as provided in division (B) of29052
this section, on and after July 1, 2001, no person shall operate a29053
bus, nor shall any person being the owner of a bus or having29054
supervisory responsibility for a bus permit the operation of any29055
bus, unless the bus displays a valid, current safety inspection29056
decal issued by the state highway patrol under section 4513.52 of29057
the Revised Code.29058

       (B) For the purpose of complying with the requirements of29059
this section and section 4513.52 of the Revised Code, the owner or29060
other operator of a bus may drive the bus directly to an29061
inspection site conducted by the state highway patrol and directly29062
back to the person's place of business without a valid29063
registration and without displaying a safety inspection decal,29064
provided that no passengers may occupy the bus during such29065
operation.29066

       (C) The registrar of motor vehicles shall not accept an29067
application for registration of a bus unless the bus owner29068
presents a valid safety inspection report for the applicable29069
registration year.29070

       (D) Whoever violates division (A) of this section is guilty29071
of a misdemeanor of the first degree.29072

       Sec. 4513.60.  (A)(1) The sheriff of a county or chief of29073
police of a municipal corporation, township, or township police29074
district, within the sheriff's or chief's respective territorial29075
jurisdiction, upon complaint of any person adversely affected, may29076
order into storage any motor vehicle, other than an abandoned junk29077
motor vehicle as defined in section 4513.63 of the Revised Code,29078
that has been left on private residential or private agricultural29079
property for at least four hours without the permission of the29080
person having the right to the possession of the property. The29081
sheriff or chief of police, upon complaint of the owner of a29082
repair garage or place of storage, may order into storage any29083
motor vehicle, other than an abandoned junk motor vehicle, that29084
has been left at the garage or place of storage for a longer29085
period than that agreed upon. The place of storage shall be29086
designated by the sheriff or chief of police. When ordering a29087
motor vehicle into storage pursuant to this division, a sheriff or29088
chief of police, whenever possible, shall arrange for the removal29089
of the motor vehicle by a private tow truck operator or towing29090
company. Subject to division (C) of this section, the owner of a29091
motor vehicle that has been removed pursuant to this division may29092
recover the vehicle only in accordance with division (E) of this29093
section.29094

       (2) Divisions (A)(1) to (3) of this section do not apply to29095
any private residential or private agricultural property that is29096
established as a private tow-away zone in accordance with division29097
(B) of this section.29098

       (3) As used in divisions (A)(1) and (2) of this section,29099
"private residential property" means private property on which is29100
located one or more structures that are used as a home, residence,29101
or sleeping place by one or more persons, if no more than three29102
separate households are maintained in the structure or structures.29103
"Private residential property" does not include any private29104
property on which is located one or more structures that are used29105
as a home, residence, or sleeping place by two or more persons, if29106
more than three separate households are maintained in the29107
structure or structures.29108

       (B)(1) The owner of private property may establish a private29109
tow-away zone only if all of the following conditions are29110
satisfied:29111

       (a) The owner posts on the owner's property a sign, that is29112
at least eighteen inches by twenty-four inches in size, that is29113
visible from all entrances to the property, and that contains at29114
least all of the following information:29115

       (i) A notice that the property is a private tow-away zone29116
and that vehicles not authorized to park on the property will be29117
towed away;29118

       (ii) The telephone number of the person from whom a29119
towed-away vehicle can be recovered, and the address of the place29120
to which the vehicle will be taken and the place from which it may29121
be recovered;29122

       (iii) A statement that the vehicle may be recovered at any29123
time during the day or night upon the submission of proof of29124
ownership and the payment of a towing charge, in an amount not to29125
exceed ninety dollars, and a storage charge, in an amount not to29126
exceed twelve dollars per twenty-four-hour period; except that the29127
charge for towing shall not exceed one hundred fifty dollars, and29128
the storage charge shall not exceed twenty dollars per29129
twenty-four-hour period, if the vehicle has a manufacturer's gross29130
vehicle weight rating in excess of ten thousand pounds and is a29131
truck, bus, or a combination of a commercial tractor and trailer29132
or semitrailer.29133

       (b) The place to which the towed vehicle is taken and from29134
which it may be recovered is conveniently located, is well29135
lighted, and is on or within a reasonable distance of a regularly29136
scheduled route of one or more modes of public transportation, if29137
any public transportation is available in the municipal29138
corporation or township in which the private tow-away zone is29139
located.29140

       (2) If a vehicle is parked on private property that is29141
established as a private tow-away zone in accordance with division29142
(B)(1) of this section, without the consent of the owner of the29143
property or in violation of any posted parking condition or29144
regulation, the owner or the owner's agent may remove, or cause29145
the removal of, the vehicle, the owner and the operator of the29146
vehicle shall be deemed to have consented to the removal and29147
storage of the vehicle and to the payment of the towing and29148
storage charges specified in division (B)(1)(a)(iii) of this29149
section, and the owner, subject to division (C) of this section,29150
may recover a vehicle that has been so removed only in accordance29151
with division (E) of this section.29152

       (3) If a municipal corporation requires tow trucks and tow29153
truck operators to be licensed, no owner of private property29154
located within the municipal corporation shall remove, or shall29155
cause the removal and storage of, any vehicle pursuant to division29156
(B)(2) of this section by an unlicensed tow truck or unlicensed29157
tow truck operator.29158

       (4) Divisions (B)(1) to (3) of this section do not affect or29159
limit the operation of division (A) of this section or sections29160
4513.61 to 4513.65 of the Revised Code as they relate to property29161
other than private property that is established as a private29162
tow-away zone under division (B)(1) of this section.29163

       (C) If the owner or operator of a motor vehicle that has29164
been ordered into storage pursuant to division (A)(1) of this29165
section or of a vehicle that is being removed under authority of29166
division (B)(2) of this section arrives after the motor vehicle or29167
vehicle has been prepared for removal, but prior to its actual29168
removal from the property, the owner or operator shall be given29169
the opportunity to pay a fee of not more than one-half of the29170
charge for the removal of motor vehicles under division (A)(1) of29171
this section or of vehicles under division (B)(2) of this section,29172
whichever is applicable, that normally is assessed by the person29173
who has prepared the motor vehicle or vehicle for removal, in29174
order to obtain release of the motor vehicle or vehicle. Upon29175
payment of that fee, the motor vehicle or vehicle shall be29176
released to the owner or operator, and upon its release, the owner29177
or operator immediately shall move it so that:29178

       (1) If the motor vehicle was ordered into storage pursuant29179
to division (A)(1) of this section, it is not on the private29180
residential or private agricultural property without the29181
permission of the person having the right to possession of the29182
property, or is not at the garage or place of storage without the29183
permission of the owner, whichever is applicable.29184

       (2) If the vehicle was being removed under authority of29185
division (B)(2) of this section, it is not parked on the private29186
property established as a private tow-away zone without the29187
consent of the owner or in violation of any posted parking29188
condition or regulation.29189

       (D)(1) If an owner of private property that is established29190
as a private tow-away zone in accordance with division (B)(1) of29191
this section or the authorized agent of such an owner removes or29192
causes the removal of a vehicle from that property under authority29193
of division (B)(2) of this section, the owner or agent promptly29194
shall notify the police department of the municipal corporation,29195
township, or township police district in which the property is29196
located, of the removal, the vehicle's license number, make,29197
model, and color, the location from which it was removed, the date29198
and time of its removal, the telephone number of the person from29199
whom it may be recovered, and the address of the place to which it29200
has been taken and from which it may be recovered.29201

       (2) Each county sheriff and each chief of police of a29202
municipal corporation, township, or township police district shall29203
maintain a record of motor vehicles that the sheriff or chief29204
orders into storage pursuant to division (A)(1) of this section29205
and of vehicles removed from private property in the sheriff's or29206
chief's jurisdiction that is established as a private tow-away29207
zone of which the sheriff or chief has received notice under29208
division (D)(1) of this section. The record shall include an29209
entry for each such motor vehicle or vehicle that identifies the29210
motor vehicle's or vehicle's license number, make, model, and29211
color, the location from which it was removed, the date and time29212
of its removal, the telephone number of the person from whom it29213
may be recovered, and the address of the place to which it has29214
been taken and from which it may be recovered. Any information in29215
the record that pertains to a particular motor vehicle or vehicle29216
shall be provided to any person who, either in person or pursuant29217
to a telephone call, identifies self as the owner or operator of29218
the motor vehicle or vehicle and requests information pertaining29219
to its location.29220

       (3) Any person who registers a complaint that is the basis29221
of a sheriff's or police chief's order for the removal and storage29222
of a motor vehicle under division (A)(1) of this section shall29223
provide the identity of the law enforcement agency with which the29224
complaint was registered to any person who identifies self as the29225
owner or operator of the motor vehicle and requests information29226
pertaining to its location.29227

       (E) The owner of a motor vehicle that is ordered into29228
storage pursuant to division (A)(1) of this section or of a29229
vehicle that is removed under authority of division (B)(2) of this29230
section may reclaim it upon payment of any expenses or charges29231
incurred in its removal, in an amount not to exceed ninety29232
dollars, and storage, in an amount not to exceed twelve dollars29233
per twenty-four-hour period; except that the charge for towing29234
shall not exceed one hundred fifty dollars, and the storage charge29235
shall not exceed twenty dollars per twenty-four-hour period, if29236
the vehicle has a manufacturer's gross vehicle weight rating in29237
excess of ten thousand pounds and is a truck, bus, or a29238
combination of a commercial tractor and trailer or semitrailer.29239
Presentation of proof of ownership, which may be evidenced by a29240
certificate of title to the motor vehicle or vehicle also shall be29241
required for reclamation of the vehicle. If a motor vehicle that29242
is ordered into storage pursuant to division (A)(1) of this29243
section remains unclaimed by the owner for thirty days, the29244
procedures established by sections 4513.61 and 4513.62 of the29245
Revised Code shall apply.29246

       (F) No person shall remove, or cause the removal of, any29247
vehicle from private property that is established as a private29248
tow-away zone under division (B)(1) of this section other than in29249
accordance with division (B)(2) of this section, and no person29250
shall remove, or cause the removal of, any motor vehicle from any29251
other private property other than in accordance with division29252
(A)(1) of this section or sections 4513.61 to 4513.65 of the29253
Revised Code.29254

       (G)(1) Whoever violates division (B)(3) of this section is29255
guilty of a minor misdemeanor.29256

       (2) Except as otherwise provided in this division, whoever29257
violates division (F) of this section is guilty of a minor29258
misdemeanor. If the offender previously has been convicted of or29259
pleaded guilty to a violation of division (F) of this section,29260
whoever violates division (F) of this section is guilty of a29261
misdemeanor of the third degree.29262

       Sec. 4513.64. (A) No person shall willfully leave an29263
abandoned junk motor vehicle as defined in section 4513.63 of the29264
Revised Code on private property for more than seventy-two hours29265
without the permission of the person having the right to the29266
possession of the property, or on a public street or other29267
property open to the public for purposes of vehicular travel or29268
parking, or upon or within the right-of-way of any road or29269
highway, for forty-eight hours or longer without notification to29270
the sheriff of the county or chief of police of the municipal29271
corporation, township, or township police district of the reasons29272
for leaving the motor vehicle in such place.29273

       For purposes of this section, the fact that a motor vehicle29274
has been so left without permission or notification is prima-facie29275
evidence of abandonment.29276

       Nothing contained in sections 4513.60, 4513.61, and 4513.6329277
of the Revised Code shall invalidate the provisions of municipal29278
ordinances or township resolutions regulating or prohibiting the29279
abandonment of motor vehicles on streets, highways, public29280
property, or private property within municipal corporations or29281
townships.29282

       (B)Whoever violates this section is guilty of a minor29283
misdemeanor and shall also be assessed any costs incurred by the29284
county, township, or municipal corporation in disposing of the29285
abandoned junk motor vehicle that is the basis of the violation,29286
less any money accruing to the county, to the township, or to the29287
municipal corporation from this disposal of the vehicle.29288

       Sec. 4513.65. (A) For purposes of this section, "junk motor29289
vehicle" means any motor vehicle meeting the requirements of29290
divisions (B), (C), (D), and (E) of section 4513.63 of the Revised29291
Code that is left uncovered in the open on private property for29292
more than seventy-two hours with the permission of the person29293
having the right to the possession of the property, except if the29294
person is operating a junk yard or scrap metal processing facility29295
licensed under authority of sections 4737.05 to 4737.12 of the29296
Revised Code, or regulated under authority of a political29297
subdivision; or if the property on which the motor vehicle is left29298
is not subject to licensure or regulation by any governmental29299
authority, unless the person having the right to the possession of29300
the property can establish that the motor vehicle is part of a29301
bona fide commercial operation; or if the motor vehicle is a29302
collector's vehicle.29303

       No political subdivision shall prevent a person from storing29304
or keeping, or restrict hima person in the method of storing or29305
keeping, any collector's vehicle on private property with the29306
permission of the person having the right to the possession of the29307
property; except that a political subdivision may require a person29308
having such permission to conceal, by means of buildings, fences,29309
vegetation, terrain, or other suitable obstruction, any unlicensed29310
collector's vehicle stored in the open.29311

       The sheriff of a county, or chief of police of a municipal29312
corporation, within histhe sheriff's or chief's respective29313
territorial jurisdiction, a state highway patrol trooper, a board29314
of township trustees, the legislative authority of a municipal29315
corporation, or the zoning authority of a township or a municipal29316
corporation, may send notice, by certified mail with return29317
receipt requested, to the person having the right to the29318
possession of the property on which a junk motor vehicle is left,29319
that within ten days of receipt of the notice, the junk motor29320
vehicle either shall be covered by being housed in a garage or29321
other suitable structure, or shall be removed from the property.29322

       No person shall willfully leave a junk motor vehicle29323
uncovered in the open for more than ten days after receipt of a29324
notice as provided in this section. The fact that a junk motor29325
vehicle is so left is prima-facie evidence of willful failure to29326
comply with the notice, and each subsequent period of thirty days29327
that a junk motor vehicle continues to be so left constitutes a29328
separate offense.29329

       (B) Except as otherwise provided in this division, whoever29330
violates this section is guilty of a minor misdemeanor on a first29331
offense. If the offender previously has been convicted of or29332
pleaded guilty to one violation of this section, whoever violates29333
this section is guilty of a misdemeanor of the fourth degree. If29334
the offender previously has been convicted of or pleaded guilty to29335
two or more violations of this section, whoever violates this29336
section is guilty of a misdemeanor of the third degree.29337

       Sec. 4513.99.  (A) Whoever violates division (C), (D), (E),29338
or (F) of section 4513.241, section 4513.261, 4513.262, or29339
4513.36, or division (B)(3) of section 4513.60 of the Revised Code29340
is guilty of a minor misdemeanor.29341

       (B) Whoever violates section 4513.02 or 4513.021, or29342
division (B)(4) of section 4513.263, or division (F) of section29343
4513.60 of the Revised Code is guilty of a minor misdemeanor on a29344
first offense; on a second or subsequent offense such person is29345
guilty of a misdemeanor of the third degree.29346

       (C)Any violation of section 4513.03, 4513.04, 4513.05,29347
4513.06, 4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111,29348
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,29349
4513.18, 4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21,29350
4513.22, 4513.23, 4513.24, 4513.242, 4513.25, 4513.26, 4513.27,29351
4513.28, 4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the29352
Revised Code shall be punished under division (B) of this section.29353

       (B) Whoever violates the sections of this chapter that are29354
specifically required to be punished under this division, or any29355
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of29356
the Revised Code, for which violation no penalty is otherwise29357
provided, is guilty of a minor misdemeanor on a first offense; on29358
a second offense within one year after the first offense, suchthe29359
person is guilty of a misdemeanor of the fourth degree; on each29360
subsequent offense within one year after the first offense, such29361
the person is guilty of a misdemeanor of the third degree.29362

       (D) Whoever violates section 4513.64 of the Revised Code is29363
guilty of a minor misdemeanor, and shall also be assessed any29364
costs incurred by the county, township, or municipal corporation29365
in disposing of such abandoned junk motor vehicle, less any money29366
accruing to the county, to the township, or to the municipal29367
corporation from such disposal.29368

       (E) Whoever violates section 4513.65 of the Revised Code is29369
guilty of a minor misdemeanor on a first offense; on a second29370
offense, such person is guilty of a misdemeanor of the fourth29371
degree; on each subsequent offense, such person is guilty of a29372
misdemeanor of the third degree.29373

       (F) Whoever violates division (B)(1) of section 4513.263 of29374
the Revised Code shall be fined thirty dollars.29375

       (G) Whoever violates division (B)(3) of section 4513.263 of29376
the Revised Code shall be fined twenty dollars.29377

       (H) Whoever violates section 4513.361 or division (A) of29378
section 4513.51 of the Revised Code is guilty of a misdemeanor of29379
the first degree.29380

       Sec. 4517.02.  (A) Except as otherwise provided in this29381
section, no person shall do any of the following:29382

       (1) Engage in the business of displaying or selling at29383
retail new motor vehicles or assume to engage in such business,29384
unless the person is licensed as a new motor vehicle dealer under29385
sections 4517.01 to 4517.45 of the Revised Code, or is a29386
salesperson licensed under those sections and employed by a29387
licensed new motor vehicle dealer;29388

       (2) Engage in the business of offering for sale, displaying29389
for sale, or selling at retail or wholesale used motor vehicles or29390
assume to engage in that business, unless the person is licensed29391
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,29392
or is a salesperson licensed under those sections and employed by29393
a licensed used motor vehicle dealer or licensed new motor vehicle29394
dealer;29395

       (3) Engage in the business of regularly making available,29396
offering to make available, or arranging for another person to use29397
a motor vehicle, in the manner described in division (M) of29398
section 4517.01 of the Revised Code, unless the person is licensed29399
as a motor vehicle leasing dealer under sections 4517.01 to29400
4517.45 of the Revised Code;29401

       (4) Engage in the business of motor vehicle auctioning or29402
assume to engage in such business, unless the person is licensed29403
as a motor vehicle auction owner under sections 4517.01 to 4517.4529404
and 4707.01 to 4707.99 of the Revised Code;29405

       (5) Engage in the business of distributing motor vehicles or29406
assume to engage in such business, unless the person is licensed29407
as a distributor under sections 4517.01 to 4517.45 of the Revised29408
Code;29409

       (6) Make more than five casual sales of motor vehicles in a29410
twelve-month period, commencing with the day of the month in which29411
the first such sale is made, nor provide a location or space for29412
the sale of motor vehicles at a flea market, without obtaining a29413
license as a dealer under sections 4517.01 to 4517.45 of the29414
Revised Code; provided however that nothing in this section shall29415
be construed to prohibit the disposition without a license of a29416
motor vehicle originally acquired and held for purposes other than29417
sale, rental, or lease to an employee, retiree, officer, or29418
director of the person making the disposition, to a corporation29419
affiliated with the person making the disposition, or to a person29420
licensed under sections 4517.01 to 4517.45 of the Revised Code;29421

       (7) Engage in the business of brokering manufactured homes29422
unless that person is licensed as a manufactured home broker under29423
sections 4517.01 to 4517.45 of the Revised Code.29424

       (B) Nothing in this section shall be construed to require an29425
auctioneer licensed under sections 4707.01 to 4707.19 of the29426
Revised Code, to obtain a motor vehicle salesperson's license29427
under sections 4517.01 to 4517.45 of the Revised Code when29428
conducting an auction sale for a licensed motor vehicle dealer on29429
the dealer's premises, or when conducting an auction sale for a29430
licensed motor vehicle auction owner; nor shall such an auctioneer29431
be required to obtain a motor vehicle auction owner's license29432
under sections 4517.01 to 4517.45 of the Revised Code when engaged29433
in auctioning for a licensed motor vehicle auction owner.29434

       (C) Sections 4517.01 to 4517.45 of the Revised Code do not29435
apply to any of the following:29436

       (1) Persons engaging in the business of selling commercial29437
tractors, trailers, or semitrailers incidentally to engaging29438
primarily in business other than the selling or leasing of motor29439
vehicles;29440

       (2) Mortgagees selling at retail only those motor vehicles29441
that have come into their possession by a default in the terms of29442
a mortgage contract;29443

       (3) The leasing, rental, and interchange of motor vehicles29444
used directly in the rendition of a public utility service by29445
regulated motor carriers.29446

       (D) When a partnership licensed under sections 4517.01 to29447
4517.45 of the Revised Code is dissolved by death, the surviving29448
partners may operate under the license for a period of sixty days,29449
and the heirs or representatives of deceased persons and receivers29450
or trustees in bankruptcy appointed by any competent authority may29451
operate under the license of the person succeeded in possession by29452
such heir, representative, receiver, or trustee in bankruptcy.29453

       (E) No remanufacturer shall engage in the business of29454
selling at retail any new motor vehicle without having written29455
authority from the manufacturer or distributor of the vehicle to29456
sell new motor vehicles and to perform repairs under the terms of29457
the manufacturer's or distributor's new motor vehicle warranty,29458
unless, at the time of the sale of the vehicle, each customer is29459
furnished with a binding agreement ensuring that the customer has29460
the right to have the vehicle serviced or repaired by a new motor29461
vehicle dealer who is franchised to sell and service vehicles of29462
the same line-make as the chassis of the remanufactured vehicle29463
purchased by the customer and whose service or repair facility is29464
located within either twenty miles of the remanufacturer's29465
location and place of business or twenty miles of the customer's29466
residence or place of business. If there is no such new motor29467
vehicle dealer located within twenty miles of the remanufacturer's29468
location and place of business or the customer's residence or29469
place of business, the binding agreement furnished to the customer29470
may be with the new motor vehicle dealer who is franchised to sell29471
and service vehicles of the same line-make as the chassis of the29472
remanufactured vehicle purchased by the customer and whose service29473
or repair facility is located nearest to the remanufacturer's29474
location and place of business or the customer's residence or29475
place of business. Additionally, at the time of sale of any29476
vehicle, each customer of the remanufacturer shall be furnished29477
with a warranty issued by the remanufacturer for a term of at29478
least one year.29479

       (F)Except as otherwise provided in this division, whoever29480
violates this section is guilty of a minor misdemeanor and shall29481
be subject to a mandatory fine of one hundred dollars. If the29482
offender previously has been convicted of or pleaded guilty to a29483
violation of this section, whoever violates this section is guilty29484
of a misdemeanor of the first degree and shall be subject to a29485
mandatory fine of one thousand dollars.29486

       Sec. 4517.03.  (A) A place of business that is used for29487
selling, displaying, offering for sale, or dealing in motor29488
vehicles shall be considered as used exclusively for those29489
purposes even though snowmobiles, farm machinery, outdoor power29490
equipment, watercraft and related products, or products29491
manufactured or distributed by a motor vehicle manufacturer with29492
which the motor vehicle dealer has a franchise agreement are sold29493
or displayed there, or if repair, accessory, gasoline and oil,29494
storage, parts, service, or paint departments are maintained29495
there, or such products or services are provided there, if the29496
departments are operated or the products or services are provided29497
for the business of selling, displaying, offering for sale, or29498
dealing in motor vehicles. Places of business or departments in a29499
place of business used to dismantle, salvage, or rebuild motor29500
vehicles by means of using used parts, are not considered as being29501
maintained for the purpose of assisting or furthering the selling,29502
displaying, offering for sale, or dealing in motor vehicles. A29503
place of business shall be considered as used exclusively for29504
selling, displaying, offering for sale, or dealing in motor29505
vehicles even though a business owned by a motor vehicle leasing29506
dealer or a motor vehicle renting dealer is located at the place29507
of business.29508

       (B) No new motor vehicle dealer shall sell, display, offer29509
for sale, or deal in motor vehicles at any place except an29510
established place of business that is used exclusively for the29511
purpose of selling, displaying, offering for sale, or dealing in29512
motor vehicles. The place of business shall have space, under29513
roof, for the display of at least one new motor vehicle and29514
facilities and space therewith for the inspection, servicing, and29515
repair of at least one motor vehicle; except that a new motor29516
vehicle dealer selling manufactured or mobile homes is exempt from29517
the requirement that a place of business have space, under roof,29518
for the display of at least one new motor vehicle and facilities29519
and space for the inspection, servicing, and repair of at least29520
one motor vehicle.29521

       Nothing in Chapter 4517. of the Revised Code shall be29522
construed as prohibiting the sale of a new or used manufactured or29523
mobile home located in a manufactured home park by a licensed new29524
or used motor vehicle dealer.29525

       (C) No used motor vehicle dealer shall sell, display, offer29526
for sale, or deal in motor vehicles at any place except an29527
established place of business that is used exclusively for the29528
purpose of selling, displaying, offering for sale, or dealing in29529
motor vehicles.29530

       (D) No motor vehicle leasing dealer shall make a motor29531
vehicle available for use by another, in the manner described in29532
division (M) of section 4517.01 of the Revised Code, at any place29533
except an established place of business that is used for leasing29534
motor vehicles; except that a motor vehicle leasing dealer who is29535
also a new motor vehicle dealer or used motor vehicle dealer may29536
lease motor vehicles at the same place of business at which the29537
dealer sells, offers for sale, or deals in new or used motor29538
vehicles.29539

       (E) No motor vehicle leasing dealer or motor vehicle renting29540
dealer shall sell a motor vehicle within ninety days after a29541
certificate of title to the motor vehicle is issued to the dealer,29542
except when a salvage certificate of title is issued to replace29543
the original certificate of title and except when a motor vehicle29544
leasing dealer sells a motor vehicle to another motor vehicle29545
leasing dealer at the end of a sublease pursuant to that sublease.29546

       (F) No distributor shall distribute new motor vehicles to29547
new motor vehicle dealers at any place except an established place29548
of business that is used exclusively for the purpose of29549
distributing new motor vehicles to new motor vehicle dealers;29550
except that a distributor who is also a new motor vehicle dealer29551
may distribute new motor vehicles at the same place of business at29552
which the distributor sells, displays, offers for sale, or deals29553
in new motor vehicles.29554

       (G) No person, firm, or corporation that sells, displays, or29555
offers for sale tent-type fold-out camping trailers is subject to29556
the requirement that the person's, firm's, or corporation's place29557
of business be used exclusively for the purpose of selling,29558
displaying, offering for sale, or dealing in motor vehicles. No29559
person, firm, or corporation that sells, displays, or offers for29560
sale tent-type fold-out camping trailers, trailers, semitrailers,29561
or park trailers is subject to the requirement that the place of29562
business have space, under roof, for the display of at least one29563
new motor vehicle and facilities and space for the inspection,29564
servicing, and repair of at least one motor vehicle.29565

       (H) No manufactured or mobile home broker shall engage in29566
the business of brokering manufactured or mobile homes at any29567
place except an established place of business that is used29568
exclusively for the purpose of brokering manufactured or mobile29569
homes.29570

       (I) Nothing in this section shall be construed to prohibit29571
persons licensed under this chapter from making sales calls.29572

       (J) Whoever violates this section is guilty of a misdemeanor29573
of the fourth degree.29574

       (K) As used in this section:29575

       (1) "Motor vehicle leasing dealer" has the same meaning as29576
in section 4517.01 of the Revised Code.29577

       (2) "Motor vehicle renting dealer" has the same meaning as29578
in section 4549.65 of the Revised Code.29579

       (3) "Watercraft" has the same meaning as in section 1547.0129580
of the Revised Code.29581

       Sec. 4517.19. (A) No motor vehicle wholesaler shall:29582

       (A)(1) Sell, offer for sale, or display for sale at29583
wholesale a motor vehicle, when the motor vehicle wholesaler has29584
reasonable cause to believe that the odometer of the motor vehicle29585
has been changed, tampered with, or disconnected to reflect a29586
lesser mileage or use, unless the motor vehicle wholesaler first29587
gives clear and unequivocal notice of the odometer's altered29588
condition;29589

       (B)(2) Sell or offer for sale at wholesale a motor vehicle29590
unless the motor vehicle wholesaler is the legal owner of the29591
motor vehicle;29592

       (C)(3) Sell, offer for sale, or display for sale at29593
wholesale a motor vehicle without making available an odometer29594
disclosure statement that is signed by the owner of the motor29595
vehicle as required by section 4505.06 of the Revised Code and29596
that complies with subchapter IV of the "Motor Vehicle Information29597
and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;29598

       (D)(4) Fail, within ten days of acceptance of an offer for29599
sale at wholesale, to deliver an Ohio certificate of title or the29600
current certificate of title issued for the motor vehicle, and all29601
title assignments that evidence the seller's ownership of the29602
motor vehicle, to the purchaser of the motor vehicle. Failure to29603
deliver title within ten days of acceptance of an offer for sale29604
at wholesale is grounds for rescission of the agreement to buy.29605

       (B)Except as otherwise provided in this division, whoever29606
violates this section is guilty of a misdemeanor of the second29607
degree. If the offender previously has been convicted of or29608
pleaded guilty to a violation of this section, whoever violates29609
this section is guilty of a misdemeanor of the first degree.29610

       Sec. 4517.20. (A) No motor vehicle dealer licensed under29611
Chapter 4517. of the Revised Code shall do any of the following:29612

       (A)(1) Directly or indirectly, solicit the sale of a motor29613
vehicle through a pecuniarily interested person other than a29614
salesperson licensed in the employ of a licensed dealer;29615

       (B)(2) Pay any commission or compensation in any form to any29616
person in connection with the sale of a motor vehicle unless the29617
person is licensed as a salesperson in the employ of the dealer;29618

       (C)(3) Fail to immediately notify the registrar of motor29619
vehicles upon termination of the employment of any person licensed29620
as a salesperson to sell, display, offer for sale, or deal in29621
motor vehicles for the dealer;29622

       (D)(4) Knowingly engage in any wholesale motor vehicle29623
transaction with any person required to be licensed pursuant to29624
Chapter 4517. of the Revised Code, if the person is not licensed29625
pursuant to that chapter, if the person's license to operate as a29626
dealer has been suspended or revoked, or if the person's29627
application for a license to operate as a dealer has been denied.29628

       (B)Whoever violates this section is guilty of a misdemeanor29629
of the fourth degree.29630

       Sec. 4517.21. (A) No motor vehicle auction owner licensed29631
under Chapter 4517. of the Revised Code shall:29632

       (A)(1) Engage in the sale of motor vehicles at retail from29633
the same licensed location;29634

       (B)(2) Knowingly permit the auctioning of a motor vehicle if29635
the motor vehicle auction owner has reasonable cause to believe it29636
is not being offered for sale by the legal owner of the motor29637
vehicle;29638

       (C)(3) Knowingly permit the sale of a motor vehicle to any29639
person except a motor vehicle dealer licensed in this state or any29640
other jurisdiction, or any other person licensed pursuant to29641
Chapter 4517. of the Revised Code or a substantially similar29642
statute of any other jurisdiction;29643

       (D)(4) Knowingly permit the sale of a motor vehicle by any29644
person who is not licensed pursuant to Chapter 4517. of the29645
Revised Code;29646

       (E)(5) Knowingly permit any person to violate section29647
4517.19 of the Revised Code;29648

       (F)(6) Deny reasonable inspection of the motor vehicle29649
auction owner's business records, relating to the sale of motor29650
vehicles, to the registrar of motor vehicles or the attorney29651
general, when requested in writing to do so. The motor vehicle29652
auction owner shall maintain for a period of six years from the29653
date of the sale of a motor vehicle at least the following29654
information:29655

       (1)(a) The year, make, model and vehicle identification29656
number of the motor vehicle;29657

       (2)(b) The name and address of the selling dealer;29658

       (3)(c) The name and address of the buying dealer;29659

       (4)(d) The date of the sale;29660

       (5)(e) The purchase price;29661

       (6)(f) The odometer reading of the motor vehicle at the time29662
of sale and an odometer disclosure statement from the seller that29663
complies with subchapter IV of the "Motor Vehicle Information and29664
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.29665

       A motor vehicle auction owner may supplement the required29666
information with any additional information the motor vehicle29667
auction owner considers appropriate.29668

       (G)(7) Knowingly permit a dealer whose license has been29669
suspended or revoked, or a person whose application for a license29670
to operate as a dealer has been denied, to participate as a buyer29671
or seller at the motor vehicle auction owner's auction after29672
notification by the registrar of the suspension or revocation of a29673
license, or denial of an application for a license. The registrar29674
shall notify each auction owner by certified mail, return receipt29675
requested, within five business days of the suspension or29676
revocation of a license, or the denial of an application for29677
license. Any motor vehicle auction owner who has knowledge of the29678
presence at the motor vehicle auction owner's auction of a dealer29679
whose license has been suspended or revoked, or of a person whose29680
application for a license to operate as a dealer has been denied,29681
shall immediately cause the removal of the person from the29682
auction.29683

       (H)(8) Knowingly accept a motor vehicle for sale or possible29684
sale by a dealer whose license has been suspended or revoked,29685
during the period of suspension or revocation, or by a person29686
whose application for a license to operate as a dealer has been29687
denied, after notification by the registrar, in accordance with29688
division (G) of this section, of the suspension or revocation of29689
the license, or denial of an application for a license.29690

       (I)(9) Knowingly permit the auctioning of a motor vehicle29691
whose ownership is not evidenced at the time of auctioning by a29692
current certificate of title or a manufacturer's certificate of29693
origin, and all title assignments that evidence the seller's29694
ownership of the motor vehicle, without first giving clear and29695
unequivocal notice of the lack of such evidence.29696

       (B)Whoever violates this section is guilty of a misdemeanor29697
of the fourth degree.29698

       Sec. 4517.22.  (A) Any group of licensed new motor vehicle29699
dealers may display motor vehicles at a motor vehicle show within29700
the general market area allocated to a licensed new motor vehicle29701
dealer, whenever all of the following conditions are met:29702

       (1) The primary purpose of the motor vehicle show is the29703
exhibition of competitive makes and models of motor vehicles to29704
provide the general public the opportunity to review and inspect29705
various makes and models of motor vehicles at a single location;29706

       (2) Not less than thirty days before the planned opening29707
date of the motor vehicle show, the group requests and receives29708
permission to hold the show from the registrar of motor vehicles.29709

       (B) No contracts shall be signed, deposits taken, or sales29710
consummated at the location of a motor vehicle show.29711

       (C) Any sponsor of a motor vehicle show shall offer by mail29712
an invitation to all new motor vehicle dealers dealing in29713
competitive types of motor vehicles in the general market area to29714
participate and display motor vehicles in the show. The sponsor29715
may offer a similar invitation to manufacturers or distributors. A29716
copy of each invitation shall be retained by the sponsor for at29717
least one year after the show.29718

       (D) No person except a manufacturer or distributor shall29719
hold in any public place a motor vehicle show at which only one29720
motor vehicle is displayed, and no such single unit show shall be29721
held unless the manufacturer or distributor requests and receives29722
permission from the registrar not less than thirty days before the29723
show.29724

       (E) The registrar shall not grant permission for any motor29725
vehicle show to be held, unless it is proven to the registrar's29726
satisfaction that no attempt is being made to circumvent the29727
provisions of sections 4517.01 to 4517.45 of the Revised Code.29728

       (F) Nothing contained in this section shall be construed as29729
prohibiting the taking of orders for nonmotorized recreational29730
vehicles as defined in section 4501.01 of the Revised Code at29731
sports or camping shows.29732

       (G) No motor vehicle dealer, motor vehicle leasing dealer,29733
motor vehicle auction owner, or distributor licensed under29734
sections 4517.01 to 4517.45 of the Revised Code shall display a29735
motor vehicle at any place except the dealer's, owner's, or29736
distributor's licensed location, unless the dealer, owner, or29737
distributor first obtains permission from the registrar and29738
complies with the applicable rules of the motor vehicle dealers29739
board.29740

       (H) Nothing contained in this section shall be construed as29741
prohibiting the display of, the taking of orders for, or the sale29742
of, livestock trailers at livestock and agricultural shows,29743
including county fairs. Notwithstanding section 4517.03 of the29744
Revised Code, livestock trailers may be sold at livestock and29745
agricultural shows, including county fairs, as permitted by this29746
division.29747

       As used in this division, "livestock trailer" means a new or29748
used trailer designed by its manufacturer to be used to transport29749
horses or to transport animals generally used for food or in the29750
production of food, including cattle, sheep, goats, rabbits,29751
poultry, swine, and any other animals included by the director of29752
agriculture in rules adopted under section 901.72 of the Revised29753
Code.29754

       (I) Notwithstanding division (B) of this section, contracts29755
may be signed, deposits taken, and sales consummated at the29756
location of a motor vehicle show where the motor vehicles involved29757
are horse trailers or towing vehicles that are trucks and have a29758
gross vehicle weight of more than three-quarters of a ton, the29759
motor vehicle show is being held as part of or in connection with29760
a major livestock show, the licensed new motor vehicle dealers29761
involved have complied with the applicable requirements of this29762
section, and the registrar has granted permission for the motor29763
vehicle show in accordance with division (E) of this section.29764

       As used in this division (I) of this section:29765

       (1) "Major livestock show" means any show of livestock that29766
is held at the Ohio state fairgrounds, is national in scope, and29767
that continues for more than ten consecutive days.29768

       (2) "Truck" has the same meaning as in section 4511.01 of29769
the Revised Code.29770

       (3) "Gross vehicle weight" means the unladen weight of the29771
vehicle fully equipped.29772

       (J)Whoever violates this section is guilty of a misdemeanor29773
of the fourth degree.29774

       Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor29775
vehicle leasing dealer, manufactured home broker, or distributor29776
shall notify the registrar of motor vehicles concerning any change29777
in status as a dealer, motor vehicle leasing dealer, manufactured29778
home broker, or distributor during the period for which the29779
dealer, broker, or distributor is licensed, if the change of29780
status concerns any of the following:29781

       (A)(1) Personnel of owners, partners, officers, or29782
directors;29783

       (B)(2) Location of office or principal place of business;29784

       (C)(3) In the case of a motor vehicle dealer, any contract29785
or agreement with any manufacturer or distributor; and in the case29786
of a distributor, any contract or agreement with any manufacturer.29787

       (B) The notification required by division (A) of this29788
section shall be made by filing with the registrar, within fifteen29789
days after the change of status, a supplemental statement in a29790
form prescribed by the registrar showing in what respect the29791
status has been changed. If the change involves a change in any29792
contract or agreement between any manufacturer or distributor, and29793
dealer, or any manufacturer and distributor, the supplemental29794
statement shall be accompanied by such copies of contracts,29795
statements, and certificates as would have been required by29796
sections 4517.01 to 4517.45 of the Revised Code if the change had29797
occurred prior to the licensee's application for license.29798

       The motor vehicle dealers board may adopt a rule exempting29799
from the notification requirement of division (A)(1) of this29800
section any dealer if stock in the dealer or its parent company is29801
publicly traded and if there are public records with state or29802
federal agencies that provide the information required by division29803
(A)(1) of this section.29804

       (C)Whoever violates this section is guilty of a misdemeanor29805
of the fourth degree.29806

       Sec. 4517.24. (A) No two motor vehicle dealers shall engage29807
in business at the same location, unless they agree to be jointly,29808
severally, and personally liable for any liability arising from29809
their engaging in business at the same location. The agreement29810
shall be filed with the motor vehicle dealers board, and shall29811
also be made a part of the articles of incorporation of each such29812
dealer filed with the secretary of state. Whenever the board has29813
reason to believe that a dealer who has entered into such an29814
agreement has revoked the agreement but continues to engage in29815
business at the same location, the board shall revoke the29816
dealer's license.29817

       (B) This section does not apply to two or more motor vehicle29818
dealers engaged in the business of selling new or used29819
manufactured or mobile homes in the same manufactured home park.29820

       (C) Whoever violates this section is guilty of a misdemeanor29821
of the fourth degree.29822

       Sec. 4517.25. (A) Every dealer shall maintain a mileage29823
disclosure statement from the previous owner of each motor vehicle29824
the dealer sells, purchases, or receives as a trade on another29825
motor vehicle. The mileage disclosure statement shall be in such29826
form and include such information as the motor vehicle dealers29827
board requires by rule.29828

       (B)Whoever violates this section is guilty of a misdemeanor29829
of the fourth degree.29830

       Sec. 4517.26. (A) Every retail and wholesale sale of a29831
motor vehicle shall be preceded by a written instrument or29832
contract that shall contain all of the agreements of the parties29833
and shall be signed by the buyer and the seller. The seller, upon29834
execution of the agreement or contract and before the delivery of29835
the motor vehicle, shall deliver to the buyer a copy of the29836
agreement or contract that shall clearly describe the motor29837
vehicle sold to the buyer, including, where applicable, its29838
vehicle identification number and the mileage appearing on the29839
odometer of the vehicle at the time of sale and whether the29840
mileage is accurate; the sale price of the vehicle, and, if29841
applicable, the amount paid down by the buyer; the amount credited29842
to the buyer for any trade-in, and a description thereof; the29843
amount of any finance charge; the amount charged for any motor29844
vehicle insurance, and a statement of the types of insurance29845
provided by the policy or policies; the amount of any other29846
charge, and a specification of its purpose; the net balance due29847
from the buyer; and the terms of the payment of the net balance.29848

       This section does not apply to a casual sale of a motor29849
vehicle.29850

       (B)Whoever violates this section is guilty of a misdemeanor29851
of the fourth degree.29852

       Sec. 4517.27. (A) In accordance with Chapter 119. of the29853
Revised Code, the registrar of motor vehicles shall adopt rules29854
for the regulation of manufactured home brokers. The rules shall29855
require that a manufactured home broker maintain a bond of a29856
surety company authorized to transact business in this state in an29857
amount determined by the registrar. The rules also shall require29858
each person licensed as a manufactured home broker to maintain at29859
all times a special or trust bank account that is29860
noninterest-bearing, is separate and distinct from any personal or29861
other account of the broker, and into which shall be deposited and29862
maintained all escrow funds, security deposits, and other moneys29863
received by the broker in a fiduciary capacity. In a form29864
determined by the registrar, a manufactured home broker shall29865
submit written proof to the registrar of the continued maintenance29866
of the special or trust account. A depository where special or29867
trust accounts are maintained in accordance with this section29868
shall be located in this state.29869

       (B)Whoever violates this section is guilty of a misdemeanor29870
of the fourth degree.29871

       Sec. 4517.40. (A) No person who is engaged in or about to29872
engage in the business of selling motor vehicles at retail shall29873
enter into any contract, agreement, or understanding, express or29874
implied, with any manufacturer or distributor of motor vehicles,29875
that hethe person will sell only to a designated person or class29876
of persons all or any part of the retail installment contracts29877
arising out of the sale by himthe person of motor vehicles, or29878
that hethe person will refuse to sell such retail installment29879
contracts to any designated person or class of persons. Any such29880
contract, agreement, or understanding is void.29881

       (B)Whoever violates this section is guilty of a misdemeanor29882
of the fourth degree.29883

       Sec. 4517.41. (A) No manufacturer or distributor of motor29884
vehicles, or the officer, agent, or representative of such29885
manufacturer or distributor, shall induce or coerce, or attempt to29886
induce or coerce, any retail motor vehicle dealer or prospective29887
retail motor vehicle dealer to sell or refuse to sell all or any29888
portion of histhe dealer's or prospective dealer's retail29889
installment contracts to any person or class of persons designated29890
by the manufacturer or distributor, by means of any statement,29891
suggestion, promise, or threat, made directly or indirectly, that29892
the manufacturer or distributor will in any manner injure or29893
benefit the dealer, or by means of any act of the manufacturer or29894
distributor that has benefited or injured the dealer, or by means29895
of any statement or representation, made directly or indirectly,29896
that the dealer is under any obligation to make or refuse to make29897
such sale.29898

       (B)Whoever violates this section is guilty of a misdemeanor29899
of the fourth degree.29900

       Sec. 4517.42. (A) No person engaged in the business of29901
buying retail installment contracts from motor vehicle dealers in29902
this state, and no officer, agent, or representative of such29903
person, shall purchase or attempt to purchase any such retail29904
installment contract from any motor vehicle dealer in this state29905
in the following circumstances:29906

       (A)(1) When the dealer in consequence of any contract,29907
agreement, or arrangement between such person and a manufacturer29908
or distributor supplying motor vehicles to the dealer has been29909
induced or coerced to sell the retail installment contract by29910
means of any statement, suggestion, promise, or threat, made29911
directly or indirectly, that the manufacturer or distributor29912
supplying motor vehicles to the dealer would in any manner injure29913
or benefit the dealer, or by means of any act of the manufacturer29914
or distributor that has benefited or injured the dealer, or by29915
means of any statement or representation, made directly or29916
indirectly, that the dealer is under any obligation to make such29917
sale;29918

       (B)(2) When such person has received or has contracted to29919
receive from any manufacturer or distributor supplying motor29920
vehicles to the dealer, or has given or contracted to give to the29921
manufacturer or distributor, any subsidy or thing of service or29922
value, where the effect of the giving or receiving of the subsidy29923
or thing of service or value may be to lessen or eliminate29924
competition in the business of purchasing retail installment29925
contracts from motor vehicle dealers or may tend to grant an29926
unfair trade advantage or to create a monopoly in such person.29927

       (B)Whoever violates this section is guilty of a misdemeanor29928
of the fourth degree.29929

       Sec. 4517.43. (A) The applications for licenses and the29930
copies of contracts required by sections 4517.04, 4517.05,29931
4517.051, 4517.052, 4517.06, 4517.07, 4517.08, and 4517.09 of the29932
Revised Code are not part of the public records but are29933
confidential information for the use of the registrar of motor29934
vehicles and the motor vehicle dealers board. No person shall29935
divulge any information contained in such applications and29936
acquired by the person in the person's capacity as an official or29937
employee of the bureau of motor vehicles or of the board, except29938
in a report to the registrar, to the board, or when called upon to29939
testify in any court or proceeding.29940

       (B)Whoever violates this section is guilty of a minor29941
misdemeanor.29942

       Sec. 4517.44. (A) No manufacturer or distributor of motor29943
vehicles, dealer in motor vehicles, or manufactured home broker,29944
nor any owner, proprietor, person in control, or keeper of any29945
garage, stable, shop, or other place of business, shall fail to29946
keep or cause to be kept any record required by law.29947

       (B)Whoever violates this section is guilty of a minor29948
misdemeanor.29949

       Sec. 4517.45. (A) No dealer licensed to sell motor vehicles29950
at retail in this state under Chapter 4517. of the Revised Code29951
shall attach to any motor vehicle offered for sale by himthe29952
dealer any tag or placard bearing histhe dealer's name, or the29953
name of histhe dealer's place of business, whenever the method of29954
attachment involves drilling or otherwise creating holes in any29955
part of the body or trim of the vehicle, unless the purchaser29956
consents in writing to such method of attachment.29957

       Any damage to the body or trim of a motor vehicle that29958
results from a violation of this section shall, at the request of29959
the purchaser of the vehicle, be repaired by the dealer in a29960
manner acceptable to the purchaser, and at no cost to himthe29961
purchaser.29962

       (B) Whoever violates this section is guilty of a minor29963
misdemeanor.29964

       Sec. 4517.64. (A) No franchisor shall do any of the29965
following:29966

       (A)(1) Fail to obey a requirement or order made by the motor29967
vehicle dealers board, or the order of any court upon application29968
of the board;29969

       (B)(2) Fail to perform a duty imposed upon it by sections29970
4517.50 to 4517.65 of the Revised Code, or do any act prohibited29971
by those sections.29972

       (B) No franchisee or prospective transferee shall fail to29973
perform a duty imposed upon it by sections 4517.50 to 4517.65 of29974
the Revised Code or do any act prohibited by those sections.29975

       (C) Whoever violates division (A) or (B) of this section is29976
guilty of a misdemeanor of the fourth degree.29977

       Sec. 4517.99. (A) Whoever violates any provision of29978
sections 4517.01 to 4517.65 of the Revised Code, for which no29979
penalty is otherwise is provided in thisthe section that contains29980
the provision violated, or any rule promulgated by the registrar29981
of motor vehicles or the motor vehicle dealers board under29982
sections 4517.01 to 4517.45 of the Revised Code, is guilty of a29983
misdemeanor of the fourth degree.29984

       (B) Whoever violates sections 4517.43 to 4517.45 of the29985
Revised Code is guilty of a minor misdemeanor.29986

       (C) Whoever violates section 4517.02 of the Revised Code is29987
guilty of a minor misdemeanor on a first offense and shall be29988
subject to a mandatory fine of one hundred dollars; on each29989
subsequent offense such person is guilty of a misdemeanor of the29990
first degree and shall be subject to a mandatory fine of one29991
thousand dollars.29992

       (D) Whoever violates section 4517.19 of the Revised Code is29993
guilty of a misdemeanor of the second degree on a first offense;29994
on each subsequent offense the person is guilty of a misdemeanor29995
of the first degree.29996

       Sec. 4519.02.  (A) Except as provided in divisions (B), (C),29997
and (D) of this section, no person shall operate any snowmobile,29998
off-highway motorcycle, or all-purpose vehicle within this state29999
unless the snowmobile, off-highway motorcycle, or all-purpose30000
vehicle is registered and numbered in accordance with sections30001
4519.03 and 4519.04 of the Revised Code.30002

       (B) No registration is required for a snowmobile,30003
off-highway motorcycle, or all-purpose vehicle that is operated30004
exclusively upon lands owned by the owner of the snowmobile,30005
off-highway motorcycle, or all-purpose vehicle, or on lands to30006
which the owner has a contractual right.30007

       (C) No registration is required for a snowmobile,30008
off-highway motorcycle, or all-purpose vehicle owned and used in30009
this state by a resident of another state whenever that state has30010
in effect a registration law similar to this chapter and the30011
snowmobile, off-highway motorcycle, or all-purpose vehicle is30012
properly registered thereunder. Any snowmobile, off-highway30013
motorcycle, or all purpose vehicle owned and used in this state by30014
a resident of another state not having such a registration30015
requirement shall comply with section 4519.09 of the Revised Code.30016

       (D) No registration is required for a snowmobile,30017
off-highway motorcycle, or all-purpose vehicle owned and used in30018
this state by the United States, another state, or a political30019
subdivision thereof, but the snowmobile, off-highway motorcycle,30020
or all-purpose vehicle shall display the name of the owner30021
thereon.30022

       (E) The owner or operator of any all-purpose vehicle30023
operated or used upon the waters in this state shall comply with30024
Chapters 1547. and 1548. of the Revised Code relative to the30025
operation of watercraft.30026

       (F)Except as otherwise provided in this division, whoever30027
violates division (A) of this section shall be fined not more than30028
twenty-five dollars. If the offender previously has been30029
convicted of or pleaded guilty to a violation of division (A) of30030
this section, whoever violates division (A) of this section shall30031
be fined not less than twenty-five nor more than fifty dollars.30032

       Sec. 4519.05.  (A) Whenever a registered snowmobile,30033
off-highway motorcycle, or all-purpose vehicle is destroyed or30034
similarly disposed of, the owner shall surrender the certificate30035
of registration to the registrar of motor vehicles or a deputy30036
registrar within fifteen days following the destruction or30037
disposal. The registrar thereupon shall cancel the certificate30038
and enter that fact in the registrar's records.30039

       In the case of an off-highway motorcycle or all-purpose30040
vehicle for which a certificate of title has been issued, the30041
owner also shall surrender the certificate of title to the clerk30042
of the court of common pleas who issued it and the clerk, with the30043
consent of any lienholders noted thereon, shall enter a30044
cancellation upon the clerk's records and shall notify the30045
registrar of the cancellation. Upon the cancellation of a30046
certificate of title in the manner prescribed by this division,30047
the clerk and the registrar may cancel and destroy all30048
certificates of title and memorandum certificates of title in that30049
chain of title.30050

       (B) Subject to division (B) of section 4519.03 of the30051
Revised Code, whenever the ownership of a registered snowmobile,30052
off-highway motorcycle, or all-purpose vehicle is transferred by30053
sale or otherwise, the new owner, within fifteen days following30054
the transfer, shall make application to the registrar or a deputy30055
registrar for the transfer of the certificate of registration.30056
Upon receipt of the application and a fee of one dollar, the30057
registrar shall transfer the certificate to the new owner and30058
shall enter the new owner's name and address in the registrar's30059
records.30060

       (C) Whenever the owner of a registered snowmobile,30061
off-highway motorcycle, or all-purpose vehicle changes address,30062
the owner shall surrender the certificate of registration to the30063
registrar or a deputy registrar within fifteen days following the30064
address change. Upon receipt of the certificate, the registrar30065
shall enter the new address thereon and shall make the appropriate30066
change in the registrar's records. In a case where the owner's30067
change of address involves a move outside of the state, the30068
registrar shall cancel the certificate of registration for that30069
snowmobile, off-highway motorcycle, or all-purpose vehicle.30070

       (D) Whenever a certificate of registration for a snowmobile,30071
off-highway motorcycle, or all-purpose vehicle is lost, mutilated,30072
or destroyed, the owner may obtain a duplicate certificate, which30073
shall be identified as such, upon application and the payment of a30074
fee of one dollar.30075

       (E)Whoever violates division (A), (B), or (C) of this30076
section shall be fined not more than twenty-five dollars for a30077
first offense; for each subsequent offense, the offender shall be30078
fined not less than twenty-five nor more than fifty dollars.30079

       Sec. 4519.06. (A) Any person who is a dealer in30080
snowmobiles, off-highway motorcycles, or all-purpose vehicles30081
shall make application for registration, for each place in this30082
state at which the business of selling, manufacturing, leasing, or30083
renting snowmobiles, off-highway motorcycles, or all-purpose30084
vehicles is carried on. The application shall show the make of30085
snowmobile, off-highway motorcycle, or all-purpose vehicle30086
manufactured, sold, leased, or rented at such place, and shall be30087
accompanied by a fee of twenty-five dollars. Upon the filing of30088
the application and the payment of the fee therefor, the registrar30089
of motor vehicles shall assign to the applicant a distinctive30090
number. The number shall be displayed upon each snowmobile,30091
off-highway motorcycle, or all-purpose vehicle in the places30092
prescribed in section 4519.04 of the Revised Code whenever the30093
vehicle is being used prior to sale or transfer. The registrar30094
shall adopt rules specifying the manner in which the number may be30095
temporarily affixed to the vehicle.30096

       Upon the termination of any dealership registered under this30097
section, the dealer, within fifteen days following such30098
termination, shall notify the registrar, who shall enter that fact30099
in the registrar's records.30100

       Notwithstanding section 4517.01 of the Revised Code, a dealer30101
licensed to sell motor vehicles also may be registered as a dealer30102
in snowmobiles, off-highway motorcycles, or all-purpose vehicles30103
under this section, and may display, sell, or rent such vehicles30104
at the dealer's established place of business.30105

       (B)Except as otherwise provided in this division, whoever30106
violates this section shall be fined not more than fifty dollars.30107
If the offender previously has been convicted of or pleaded guilty30108
to a violation of this section, whoever violates this section30109
shall be fined not less than fifty nor more than two hundred30110
dollars.30111

       Sec. 4519.20.  (A) The director of public safety, pursuant30112
to Chapter 119. of the Revised Code, shall adopt rules for the30113
equipment of snowmobiles, off-highway motorcycles, and all-purpose30114
vehicles. The rules may be revised from time to time as the30115
director considers necessary, and shall include, but not30116
necessarily be limited to, requirements for the following items of30117
equipment:30118

       (1) At least one headlight having a minimum candlepower of30119
sufficient intensity to reveal persons and objects at a distance30120
of at least one hundred feet ahead under normal atmospheric30121
conditions during hours of darkness;30122

       (2) At least one red tail light having a minimum candlepower30123
of sufficient intensity to be plainly visible from a distance of30124
five hundred feet to the rear under normal atmospheric conditions30125
during hours of darkness;30126

       (3) Adequate brakes. Every snowmobile, while traveling on30127
packed snow, shall be capable of carrying a driver who weighs one30128
hundred seventy-five pounds or more, and, while carrying such30129
driver, be capable of stopping in not more than forty feet from an30130
initial steady speed of twenty miles per hour, or locking its30131
traction belt.30132

       (4) A muffler system capable of precluding the emission of30133
excessive smoke or exhaust fumes, and of limiting the engine noise30134
of vehicles. On snowmobiles manufactured after January 1, 1973,30135
such requirement shall include sound dampening equipment such that30136
noise does not exceed eighty-two decibels on the "A" scale at30137
fifty feet as measured according to SAE J192 (September 1970).30138

       (B) No person shall operate any snowmobile, off-highway30139
motorcycle, or all-purpose vehicle in violation of division30140
(A)(1), (2), (3), or (4) of this section, except that equipment30141
specified in divisions (A)(1) and (2) of this section shall not be30142
required on snowmobiles, off-highway motorcycles, or all-purpose30143
vehicles operated during the daylight hours.30144

       (C) Except as otherwise provided in this division, whoever30145
violates division (B) of this section shall be fined not more than30146
fifty dollars. If the offender within the preceding year30147
previously has committed a violation of division (B) of this30148
section, whoever violates division (B) of this section shall be30149
fined not less than fifteen nor more than one hundred dollars,30150
imprisoned not more than three days, or both.30151

       Sec. 4519.22. (A) No person shall have for sale, sell,30152
offer for sale, lease, rent, or otherwise furnish for hire in this30153
state any new snowmobile, off-highway motorcycle, or all-purpose30154
vehicle that fails to comply with any rule adopted by the director30155
of public safety under section 4519.20 of the Revised Code, after30156
the effective date of the rule.30157

       (B) Except as otherwise provided in this division, whoever30158
violates this section shall be fined not more than fifty dollars.30159
If the offender within the preceding year previously has committed30160
a violation of this section, whoever violates this section shall30161
be fined not less than fifteen nor more than one hundred dollars,30162
imprisoned not more than three days, or both.30163

       Sec. 4519.40. (A) The applicable provisions of Chapters30164
4511. and 4549. of the Revised Code shall be applied to the30165
operation of snowmobiles, off-highway motorcycles, and all-purpose30166
vehicles, except that no snowmobile, off-highway motorcycle, or30167
all-purpose vehicle shall be operated as follows:30168

       (A)(1) On any limited access highway or freeway or the30169
right-of-way thereof, except for emergency travel only during such30170
time and in such manner as the director of public safety shall30171
designate;30172

       (B)(2) On any private property, or in any nursery or30173
planting area, without the permission of the owner or other person30174
having the right to possession of the property;30175

       (C)(3) On any land or waters controlled by the state, except30176
at those locations where a sign has been posted permitting such30177
operation;30178

       (D)(4) On the tracks or right-of-way of any operating30179
railroad;30180

       (E)(5) While transporting any firearm, bow, or other30181
implement for hunting, that is not unloaded and securely encased;30182

       (F)(6) For the purpose of chasing, pursuing, capturing, or30183
killing any animal or wildfowl;30184

       (G)(7) During the time from sunset to sunrise, unless30185
displaying lighted lights as required by section 4519.20 of the30186
Revised Code.30187

       (B) Whoever violates this section shall be fined not less30188
than fifty nor more than five hundred dollars, imprisoned not less30189
than three nor more than thirty days, or both.30190

       Sec. 4519.41.  Snowmobiles, off-highway motorcycles, and30191
all-purpose vehicles may be operated as follows:30192

       (A) To make a crossing of a highway, other than a highway as30193
designated in division (A)(1) of section 4519.40 of the Revised30194
Code, whenever the crossing can be made in safety and will not30195
interfere with the movement of vehicular traffic approaching from30196
any direction on the highway, and provided that the operator30197
yields the right-of-way to any approaching traffic that presents30198
an immediate hazard;30199

       (B) On highways in the county or township road systems30200
whenever the local authority having jurisdiction over such30201
highways so permits;30202

       (C) Off and alongside a street or highway for limited30203
distances from the point of unloading from a conveyance to the30204
point at which the snowmobile, off-highway motorcycle, or30205
all-purpose vehicle is intended and authorized to be operated;30206

       (D) On the berm or shoulder of a highway, other than a30207
highway as designated in division (A)(1) of section 4519.40 of the30208
Revised Code, when the terrain permits such operation to be30209
undertaken safely and without the necessity of entering any30210
traffic lane;30211

       (E) On the berm or shoulder of a county or township road,30212
while traveling from one area of operation of the snowmobile,30213
off-highway motorcycle, or all-purpose vehicle to another such30214
area.30215

       Sec. 4519.44.  (A) No person who does not hold a valid,30216
current motor vehicle driver's or commercial driver's license,30217
motorcycle operator's endorsement, or probationary license, issued30218
under Chapter 4506. or 4507. of the Revised Code, shall operate a30219
snowmobile, off-highway motorcycle, or all-purpose vehicle on any30220
street or highway in this state, on any portion of the30221
right-of-way thereof, or on any public land or waters.30222

       (B) No person who is less than sixteen years of age shall30223
operate a snowmobile, off-highway motorcycle, or all-purpose30224
vehicle on any land or waters other than private property or30225
waters owned by or leased to the person's parent or guardian,30226
unless accompanied by another person who is eighteen years of age,30227
or older, and who holds a license as provided in division (A) of30228
this section, except that the department of natural resources may30229
permit such operation on state controlled land under its30230
jurisdiction when such person is less than sixteen years of age,30231
but is twelve years of age or older and is accompanied by a parent30232
or guardian who is a licensed driver eighteen years of age or30233
older.30234

       (C)Whoever violates this section shall be fined not less30235
than fifty nor more than five hundred dollars, imprisoned not less30236
than three nor more than thirty days, or both.30237

       Sec. 4519.45. (A) Any dealer who rents, leases, or30238
otherwise furnishes a snowmobile, off-highway motorcycle, or30239
all-purpose vehicle for hire shall maintain the vehicle in safe30240
operating condition. No dealer, or agent or employee of a dealer,30241
shall rent, lease, or otherwise furnish a snowmobile, off-highway30242
motorcycle, or all-purpose vehicle for hire to any person who does30243
not hold a license as required by division (A) of section 4519.4430244
of the Revised Code, or to any person whom the dealer or an agent30245
or employee of the dealer has reasonable cause to believe is30246
incompetent to operate the vehicle in a safe and lawful manner.30247

       (B)Whoever violates this section shall be fined not less30248
than one hundred nor more than five hundred dollars.30249

       Sec. 4519.52.  (A) Except as provided in section 4519.54 of30250
the Revised Code, on and after the effective date of this section30251
July1, 1999, no dealer engaged in the business of selling new or30252
used off-highway motorcycles or all-purpose vehicles shall sell or30253
otherwise transfer a new or used off-highway motorcycle or30254
all-purpose vehicle without obtaining a certificate of title to30255
the new or used motorcycle or vehicle, in accordance with this30256
chapter, and delivering the certificate of title or memorandum30257
certificate of title to the purchaser or transferee.30258

       (B)(1) A person who is not a dealer engaged in the business30259
of selling new or used off-highway motorcycles or all-purpose30260
vehicles and who, on and after the effective date of this section30261
July1, 1999, owns an off-highway motorcycle or all-purpose30262
vehicle, may choose to obtain a certificate of title to the30263
motorcycle or vehicle. The person shall comply with this chapter30264
in order to obtain the certificate of title.30265

       (2) If a person who is not a dealer engaged in the business30266
of selling new or used off-highway motorcycles or all-purpose30267
vehicles and who owns an off-highway motorcycle or all-purpose30268
vehicle obtains a certificate of title to the motorcycle or30269
vehicle, that person shall not sell or otherwise transfer the30270
motorcycle or vehicle without delivering to the purchaser or30271
transferee a certificate of title with such assignment thereon as30272
is necessary to show title in the purchaser or transferee, and no30273
person shall subsequently purchase or otherwise acquire the30274
motorcycle or vehicle without obtaining a certificate of title to30275
the motorcycle or vehicle in the person's own name.30276

       (C)Whoever violates this section shall be fined fifty30277
dollars.30278

       Sec. 4519.66. (A) No person shall do any of the following:30279

       (A)(1) Operate in this state an off-highway motorcycle or30280
all-purpose vehicle without having a certificate of title for the30281
off-highway motorcycle or all-purpose vehicle, if such a30282
certificate is required by this chapter to be issued for the30283
off-highway motorcycle or all-purpose vehicle;30284

       (B)(2) Operate in this state an off-highway motorcycle or30285
all-purpose vehicle if a certificate of title to the off-highway30286
motorcycle or all-purpose vehicle has been issued and then has30287
been canceled;30288

       (C)(3) Fail to surrender any certificate of title upon30289
cancellation of the same by the registrar of motor vehicles and30290
notice thereof as prescribed in this chapter;30291

       (D)(4) Fail to surrender the certificate of title to the30292
clerk of the court of common pleas as provided in this chapter, in30293
case of the destruction or dismantling of, or change in, the30294
off-highway motorcycle or all-purpose vehicle described in the30295
certificate of title;30296

       (E)(5) Violate sections 4519.51 to 4519.70 of the Revised30297
Code for which no penalty is otherwise provided in the section30298
violated or any lawful rules promulgated pursuant to those30299
sections.30300

       (B)Whoever violates this section shall be fined not more30301
than two hundred dollars, imprisoned not more than ninety days, or30302
both.30303

       Sec. 4519.67. (A) No person shall do any of the following:30304

       (A)(1) Procure or attempt to procure a certificate of title30305
to an off-highway motorcycle or all-purpose vehicle, or pass or30306
attempt to pass a certificate of title or any assignment thereof30307
to an off-highway motorcycle or all-purpose vehicle, knowing or30308
having reason to believe that the off-highway motorcycle or30309
all-purpose vehicle has been stolen;30310

       (B)(2) Sell or offer for sale in this state an off-highway30311
motorcycle or all-purpose vehicle on which the manufacturer's or30312
assigned vehicle identification number has been destroyed,30313
removed, covered, altered, or defaced with knowledge of the30314
destruction, removal, covering, alteration, or defacement of the30315
manufacturer's or assigned vehicle identification number;30316

       (C)(3) Sell or transfer an off-highway motorcycle or30317
all-purpose vehicle without delivering to the purchaser or30318
transferee thereof a certificate of title, or a manufacturer's or30319
importer's certificate thereto, assigned to the purchaser as30320
provided for in this chapter.30321

       (B)Whoever violates this section shall be fined not more30322
than five thousand dollars, imprisoned in the county jail or30323
workhouse not less than six months nor more than one year or in30324
the penitentiary not less than one year nor more than five years,30325
or both.30326

       Sec. 4549.01. (A) No person while operating a motor vehicle30327
shall fail to slow down and stop saidthe vehicle when signalled30328
to do so upon meeting or overtaking a horse-drawn vehicle or30329
person on horseback and to remain stationary until suchthe30330
vehicle or person has passed, provided suchthe signal to stop is30331
given in good faith, under circumstances of necessity, and only as30332
often and for suchthat length of time as is required for suchthe30333
vehicle or person to pass, whether it is approaching from the30334
front or rear.30335

       (B)Whoever violates this section is guilty of a minor30336
misdemeanor on a first offense and a misdemeanor of the fourth30337
degree on each subsequent offense.30338

       Sec. 4549.02. (A) In case of accident to or collision with30339
persons or property upon any of the public roads or highways, due30340
to the driving or operation thereon of any motor vehicle, the30341
person so driving or operating suchthe motor vehicle, having30342
knowledge of suchthe accident or collision, shall immediately30343
shall stop histhe driver's or operator's motor vehicle at the30344
scene of the accident or collision and shall remain at the scene30345
of suchthe accident or collision until hethe driver or operator30346
has given histhe driver's or operator's name and address and, if30347
hethe driver or operator is not the owner, the name and address30348
of the owner of suchthat motor vehicle, together with the30349
registered number of suchthat motor vehicle, to any person30350
injured in suchthe accident or collision or to the operator,30351
occupant, owner, or attendant of any motor vehicle damaged in such30352
the accident or collision, or to any police officer at the scene30353
of suchthe accident or collision.30354

       In the event the injured person is unable to comprehend and30355
record the information required to be given by this section, the30356
other driver involved in suchthe accident or collision shall30357
forthwith shall notify the nearest police authority concerning the30358
location of the accident or collision, and histhe driver's name,30359
address, and the registered number of the motor vehicle hethe30360
driver was operating, and then remain at the scene of the accident30361
or collision until a police officer arrives, unless removed from30362
the scene by an emergency vehicle operated by a political30363
subdivision or an ambulance.30364

       If suchthe accident or collision is with an unoccupied or30365
unattended motor vehicle, the operator so collidingwho collides30366
with suchthe motor vehicle shall securely attach the information30367
required to be given in this section, in writing, to a conspicuous30368
place in or on saidthe unoccupied or unattended motor vehicle.30369

       (B)Whoever violates division (A) of this section is guilty30370
of failure to stop after an accident, a misdemeanor of the first30371
degree. If the violation results in serious physical harm or30372
death to a person, failure to stop after an accident is a felony30373
of the fifth degree. The court, in addition to any other30374
penalties provided by law, shall impose upon the offender a class30375
five suspension of the offender's driver's license, commercial30376
driver's license, temporary instruction permit, probationary30377
license, or nonresident operating privilege from the range30378
specified in division (A)(5) of section 4510.02 of the Revised30379
Code.30380

       Sec. 4549.021. (A) In case of accident or collision30381
resulting in injury or damage to persons or property upon any30382
public or private property other than public roads or highways,30383
due to the driving or operation thereon of any motor vehicle, the30384
person so driving or operating suchthe motor vehicle, having30385
knowledge of suchthe accident or collision, shall stop, and, upon30386
request of the person injured or damaged, or any other person,30387
shall give suchthat person histhe driver's or operator's name30388
and address, and, if hethe driver or operator is not the owner,30389
the name and address of the owner of suchthat motor vehicle,30390
together with the registered number of suchthat motor vehicle,30391
and, if available, exhibit histhe driver's or operator's driver's30392
or commercial driver's license.30393

       If the owner or person in charge of suchthe damaged property30394
is not furnished such information, the driver of the motor vehicle30395
involved in the accident or collision shall, within twenty-four30396
hours after suchthe accident or collision, shall forward to the30397
police department of the city or village in which suchthe30398
accident or collision occurred or if it occurred outside the30399
corporate limits of a city or village to the sheriff of the county30400
in which suchthe accident or collision occurred the same30401
information required to be given to the owner or person in control30402
of suchthe damaged property and give the date, time, and location30403
of the accident or collision.30404

       If the accident or collision is with an unoccupied or30405
unattended motor vehicle, the operator so collidingwho collides30406
with suchthe motor vehicle shall securely attach the information30407
required to be given in this section, in writing, to a conspicuous30408
place in or on the unoccupied or unattended motor vehicle.30409

       (B)Whoever violates division (A) of this section is guilty30410
of failure to stop after a nonpublic road accident, a misdemeanor30411
of the first degree. If the violation results in serious physical30412
harm or death to a person, failure to stop after a nonpublic road30413
accident is a felony of the fifth degree. The court, in addition30414
to any other penalties provided by law, shall impose upon the30415
offender a class five suspension of the offender's driver's30416
license, commercial driver's license, temporary instruction30417
permit, probationary license, or nonresident operating privilege30418
from the range specified in division (A)(5) of section 4510.02 of30419
the Revised Code.30420

       Sec. 4549.03. (A) The driver of any vehicle involved in an30421
accident resulting in damage to real property, or personal30422
property attached to such real property, legally upon or adjacent30423
to a public road or highway shall immediately shall stop and take30424
reasonable steps to locate and notify the owner or person in30425
charge of suchthe property of suchthat fact, of histhe driver's30426
name and his address, and of the registration number of the30427
vehicle hethe driver is driving and shall, upon request and if30428
available, shall exhibit histhe driver's driver's or commercial30429
driver's license.30430

       If the owner or person in charge of suchthe property cannot30431
be located after reasonable search, the driver of the vehicle30432
involved in the accident resulting in damage to suchthe property30433
shall, within twenty-four hours after suchthe accident, shall30434
forward to the police department of the city or village in which30435
suchthe accident or collision occurred, or if it occurred outside30436
the corporate limits of a city or village to the sheriff of the30437
county in which suchthe accident or collision occurred, the same30438
information required to be given to the owner or person in control30439
of suchthe property and give the location of the accident and a30440
description of the damage insofar as it is known.30441

       (B)Whoever violates division (A) of this section is guilty30442
of failure to stop after an accident involving the property of30443
others, a misdemeanor of the first degree.30444

       Sec. 4549.042. (A)(1) No person shall sell or otherwise30445
dispose of a master key designed to fit more than one motor30446
vehicle, knowing or having reasonable cause to believe suchthe30447
key will be used to commit a crime.30448

       (2) No person shall buy, receive, or have in histhe30449
person's possession a master key designed to fit more than one30450
motor vehicle, for the purpose of using suchthe key to commit a30451
crime.30452

       (B)Whoever violates division (A)(1) or (2) of this section30453
is guilty of a motor vehicle master key violation, a felony of the30454
fifth degree on a first offense and a felony of the fourth degree30455
on each subsequent offense.30456

       Sec. 4549.08. (A) No person shall operate or drive a motor30457
vehicle upon the public roads and highways in this state if it30458
displays a license plate or a distinctive number or identification30459
mark that meets any of the following criteria:30460

       (A)(1) Is fictitious;30461

       (B)(2) Is a counterfeit or an unlawfully made copy of any30462
distinctive number or identification mark;30463

       (C)(3) Belongs to another motor vehicle, provided that this30464
section does not apply to a motor vehicle that is operated on the30465
public roads and highways in this state when the motor vehicle30466
displays license plates that originally were issued for a motor30467
vehicle that previously was owned by the same person who owns the30468
motor vehicle that is operated on the public roads and highways in30469
this state, during the thirty-day period described in division30470
(C)(A)(3) of section 4503.12 of the Revised Code.30471

       (B) A person who fails to comply with the transfer of30472
registration provisions of section 4503.12 of the Revised Code and30473
is charged with a violation of that section shall not be charged30474
with a violation of this section.30475

       (C)Whoever violates division (A)(1), (2), or (3) of this30476
section is guilty of operating a motor vehicle bearing an invalid30477
license plate or identification mark, a misdemeanor of the fourth30478
degree on a first offense and a misdemeanor of the third degree on30479
each subsequent offense.30480

       Sec. 4549.10. (A) No person shall operate or cause to be30481
operated upon a public road or highway a motor vehicle of a30482
manufacturer or dealer unless suchthe vehicle carries and30483
displays two placards, except as provided in section 4503.21 of30484
the Revised Code, issued by the director of public safety, bearing30485
that bear the registration number of its manufacturer or dealer.30486

       (B)Whoever violates division (A) of this section is guilty30487
of illegal operation of a manufacturer's or dealer's motor30488
vehicle, a minor misdemeanor on a first offense and a misdemeanor30489
of the fourth degree on each subsequent offense.30490

       Sec. 4549.11. (A) No person shall operate or drive upon the30491
highways of this state a motor vehicle acquired from a former30492
owner who has registered the samemotor vehicle, while suchthe30493
motor vehicle displays the distinctive number or identification30494
mark assigned to it upon its original registration.30495

       (B)Whoever violates division (A) of this section is guilty30496
of operation of a motor vehicle bearing license plates or an30497
identification mark issued to another, a minor misdemeanor on a30498
first offense and a misdemeanor of the fourth degree on each30499
subsequent offense.30500

       Sec. 4549.12. (A) No person who is the owner of a motor30501
vehicle and a resident of this state shall operate or drive such30502
the motor vehicle upon the highways of this state, while it30503
displays a distinctive number or identification mark issued by or30504
under the authority of another state, without complying with the30505
laws of this state relating to the registration and identification30506
of motor vehicles.30507

       (B)Whoever violates division (A) of this section is guilty30508
of illegal operation by a resident of this state of a motor30509
vehicle bearing the distinctive number or identification mark30510
issued by a foreign jurisdiction, a minor misdemeanor on a first30511
offense and a misdemeanor of the fourth degree on each subsequent30512
offense.30513

       Sec. 4549.18. (A) The operator of a "commercial car," as30514
defined in section 4501.01 of the Revised Code, when suchthe30515
commercial car is required to be registered under the Revised30516
Code, shall, when operating suchthe commercial car, trailer, or30517
semitrailer on the streets, roads, or highways of this state,30518
display inside or on the vehicle the certificate of registration30519
for suchthe commercial car, trailer, or semitrailer provided for30520
in section 4503.19 of the Revised Code, or shall carry suchthe30521
certificate on histhe operator's person and display such30522
certificateit upon the demand of any state highway patrol trooper30523
or other peace officer.30524

       Every person operating a commercial car, trailer, or30525
semitrailer required to be registered under the Revised Code,30526
shall permit the inspection of the certificate of registration30527
upon demand of the superintendent or any member of the state30528
highway patrol or other peace officer of this state.30529

       (B)Whoever violates division (A) of this section is guilty30530
of a commercial car certificate of registration violation, a minor30531
misdemeanor.30532

       Sec. 4549.42.  (A) No person shall adjust, alter, change,30533
tamper with, advance, set back, disconnect, or fail to connect, an30534
odometer of a motor vehicle, or cause any of the foregoing to30535
occur to an odometer of a motor vehicle with the intent to alter30536
the number of miles registered on the odometer.30537

       (B) Division (A) of this section does not apply to the30538
disconnection of an odometer used for registering the mileage of30539
any new motor vehicle being tested by the manufacturer prior to30540
delivery to a franchise dealer.30541

       (C) Nothing in this section shall preventprevents the30542
service of an odometer, provided that after suchthe service a30543
completed form, captioned "notice of odometer repair"," shall be30544
attached to the left door frame of the motor vehicle by the person30545
performing suchthe repairs. SuchThe notice shall contain, in30546
bold-face type, the following information and statements:30547

"Notice of Odometer Repair
30548

       The odometer of this motor vehicle was repaired or replaced30549
on ................. (date of service).30550

       The mileage registered on the odometer of this motor vehicle30551
before repair was ........... (mileage).30552

       The mileage registered on the odometer of this motor vehicle30553
after repair is ........... (mileage).30554

............................. 30555
(Repairman's Repairer's signature)" 30556

       (D) No person shall intentionally remove or alter the notice30557
required by division (C) of this section.30558

       (E) If after the service of an odometer, the odometer can be30559
set at the same mileage as before suchthe service, the odometer30560
shall be adjusted to reflect that mileage registered on the30561
odometer of the motor vehicle before the service. If the odometer30562
cannot be set at the same mileage as before suchthe service, the30563
odometer of the motor vehicle shall be adjusted to read "zero"."30564

       (F) Except as otherwise provided in this division, whoever30565
violates this section is guilty of tampering with an odometer, a30566
felony of the fifth degree. If the offender previously has been30567
convicted of or pleaded guilty to a violation of this section or30568
of any provision of sections 4549.43 to 4549.46 of the Revised30569
Code, tampering with an odometer is a felony of the fourth degree.30570

       Sec. 4549.43. (A) No person, with intent to defraud, shall30571
advertise for sale, sell, use, or install on any part of any motor30572
vehicle or an odometer in any motor vehicle any device whichthat30573
causes the odometer to register any mileage other than the actual30574
mileage driven by the motor vehicle. For the purpose of this30575
section, the actual mileage driven is that mileage driven by the30576
motor vehicle as registered by an odometer within the30577
manufacturer's designed tolerance.30578

       (B)Except as otherwise provided in this division, whoever30579
violates this section is guilty of selling or installing an30580
odometer tampering device, a felony of the fourth degree. If the30581
offender previously has been convicted of or pleaded guilty to a30582
violation of this section, section 4549.42, or any provision of30583
sections 4549.44 to 4549.46 of the Revised Code, selling or30584
installing an odometer tampering device is a felony of the third30585
degree.30586

       Sec. 4549.44. (A) No person, with intent to defraud, shall30587
operate a motor vehicle on any public street, road, or highway of30588
this state knowing that the odometer of suchthe vehicle is30589
disconnected or nonfunctional.30590

       A person's intent to defraud under this section may be30591
inferred from evidence of the circumstances of the vehicle's30592
operation, including facts pertaining to the length of time or30593
number of miles of operation with a nonfunctioning or disconnected30594
odometer, and the fact that the person subsequently transferred30595
the vehicle without disclosing the inoperative odometer to the30596
transferee in violation of section 4549.45 of the Revised Code.30597

       (B)Except as otherwise provided in this division, whoever30598
violates this section is guilty of fraudulent driving without a30599
functional odometer, a felony of the fourth degree. If the30600
offender previously has been convicted of or pleaded guilty to a30601
violation of this section, section 4549.42 or 4549.43, or any30602
provision of sections 4549.45 to 4549.46 of the Revised Code,30603
fraudulent driving without a functional odometer is a felony of30604
the third degree.30605

       Sec. 4549.45. (A) No person shall transfer a motor vehicle30606
if the person knows or recklessly disregards facts indicating that30607
the odometer of the motor vehicle has been changed, tampered with,30608
or disconnected, or has been in any other manner nonfunctional, to30609
reflect a lesser mileage or use, unless that person gives clear30610
and unequivocal notice of suchthe tampering or nonfunction or of30611
histhe person's reasonable belief of tampering or nonfunction, to30612
the transferee in writing prior to the transfer. In a prosecution30613
for violation of this section, evidence that a transferor or his30614
the transferor's agent has changed, tampered with, disconnected,30615
or failed to connect the odometer of the motor vehicle constitutes30616
prima-facie evidence of knowledge of the odometer's altered30617
condition.30618

       (B)Except as otherwise provided in this division, whoever30619
violates this section is guilty of transferring a motor vehicle30620
that has a tampered or nonfunctional odometer, a felony of the30621
fourth degree. If the offender previously has been convicted of30622
or pleaded guilty to a violation of this section, any provision of30623
sections 4549.42 to 4549.44, or any provision of section 4549.45130624
or 4549.46 of the Revised Code, transferring a motor vehicle that30625
has a tampered or nonfunctional odometer is a felony of the third30626
degree.30627

       Sec. 4549.451. (A) No auctioneer licensed under Chapter30628
4707. of the Revised Code shall advertise for sale by means of any30629
written advertisement, brochure, flyer, or other writing, any30630
motor vehicle the auctioneer knows or has reason to believe has an30631
odometer that has been changed, tampered with, or disconnected, or30632
in any other manner has been nonfunctional, unless the listing or30633
description of the vehicle contained in the written advertisement,30634
brochure, flyer, or other writing contains one of the two30635
following statements:30636

       (A)(1) "This motor vehicle has an odometer that has been30637
changed, tampered with, or disconnected, or otherwise has been30638
nonfunctional."30639

       (B)(2) "Nonactual odometer reading: warning - odometer30640
discrepancy."30641

       (B) The statement selected by the auctioneer shall be30642
printed in type identical in size to the other type used in the30643
listing or description, and shall be located within the listing or30644
description and not located as a footnote to the listing or30645
description.30646

       (C)Except as otherwise provided in this division, whoever30647
violates this section is guilty of a felony of the fourth degree.30648
If the offender previously has been convicted of or pleaded guilty30649
to a violation of this section, any provision of sections 4549.4230650
to 4549.45, or section 4549.46 of the Revised Code, whoever30651
violates this section is guilty of a felony of the third degree.30652

       Sec. 4549.46.  (A) No transferor shall fail to provide the30653
true and complete odometer disclosures required by section 4505.0630654
of the Revised Code. The transferor of a motor vehicle is not in30655
violation of this section's provisionsdivision requiring a true30656
odometer reading if the odometer reading is incorrect due to a30657
previous owner's violation of any of the provisions contained in30658
sections 4549.42 to 4549.46 of the Revised Code, unless the30659
transferor knows of or recklessly disregards facts indicating the30660
violation.30661

       (B) No dealer or wholesaler who acquires ownership of a30662
motor vehicle shall accept any written odometer disclosure30663
statement unless the statement is completed as required by section30664
4505.06 of the Revised Code.30665

       (C) A motor vehicle leasing dealer may obtain a written30666
odometer disclosure statement completed as required by section30667
4505.06 of the Revised Code from a motor vehicle lessee that can30668
be used as prima-facie evidence in any legal action arising under30669
sections 4549.41 to 4549.46 of the Revised Code.30670

       (D)Except as otherwise provided in this division, whoever30671
violates division (A) or (B) of this section is guilty of an30672
odometer disclosure violation, a felony of the fourth degree. If30673
the offender previously has been convicted of or pleaded guilty to30674
a violation of this section or any provision of sections 4549.4230675
to 4549.451 of the Revised Code, a violation of this section is a30676
felony of the third degree.30677

       Sec. 4549.52.  The prosecuting attorney of the county in30678
which a violation of any provision of sections 4549.41 to 4549.5130679
of the Revised Code occurs, or the attorney general, may bring a30680
criminal action to enforce the provisions of sections 4549.41 to30681
4549.51 of the Revised Code. The attorney general and the30682
prosecuting attorney of the county in which a person licensed or30683
granted a permit under Chapter 4517. of the Revised Code is30684
convicted of or pleads guilty to a violation of any provision of30685
sections 4549.41 to 4549.46 of the Revised Code shall report the30686
conviction or guilty plea to the registrar of motor vehicles30687
within five business days of the conviction or plea.30688

       Sec. 4549.62.  (A) No person shall, with purpose to conceal30689
or destroy the identity of a vehicle or vehicle part, shall30690
remove, deface, cover, alter, or destroy any vehicle30691
identification number or derivative thereofof a vehicle30692
identification number on a vehicle or vehicle part.30693

       (B) No person shall, with purpose to conceal or destroy the30694
identity of a vehicle or a vehicle part, shall remove, deface,30695
cover, alter, or destroy any identifying number that has been30696
lawfully placed upon a vehicle or vehicle part by an owner of the30697
vehicle or vehicle part, other than the manufacturer, for the30698
purpose of deterring its theft and facilitating its recovery if30699
stolen.30700

       (C) No person shall, with purpose to conceal or destroy the30701
identity of a vehicle or vehicle part, shall place a counterfeit30702
vehicle identification number or derivative thereofof a vehicle30703
identification number upon the vehicle or vehicle part.30704

       (D)(1) No person shall buy, offer to buy, sell, offer to30705
sell, receive, dispose of, conceal, or, except as provided in30706
division (D)(4) of this section, possess any vehicle or vehicle30707
part with knowledge that the vehicle identification number or a30708
derivative thereofof the vehicle identification number has been30709
removed, defaced, covered, altered, or destroyed in such a manner30710
that the identity of the vehicle or part cannot be determined by a30711
visual examination of the number at the site where the30712
manufacturer placed the number.30713

       (2)(a) A vehicle or vehicle part from which the vehicle30714
identification number or a derivative thereofof the vehicle30715
identification number has been so removed, defaced, covered,30716
altered, or destroyed shall be seized and forfeited under section30717
2933.41 of the Revised Code unless division (D)(3) or (4) of this30718
section applies to the vehicle or part. If a derivative of the30719
vehicle identification number has been removed, defaced, covered,30720
altered, or destroyed in such a manner that the identity of the30721
part cannot be determined, the entire vehicle is subject to30722
seizure pending a determination of the original identity and30723
ownership of the vehicle and parts of the vehicle, and the rights30724
of innocent owners to reclaim the remainder or any part of the30725
vehicle.30726

       (b) The lawful owners of parts upon a vehicle that has been30727
seized under this section and that is subject to forfeiture under30728
section 2933.41 of the Revised Code are entitled to reclaim their30729
respective parts upon satisfactory proof of all of the following:30730

       (i) That the part is not needed for evidence in pending30731
proceedings involving the vehicle or part and is not subject to30732
forfeiture under section 2933.41 of the Revised Code;30733

       (ii) That the original identity and ownership of the part30734
can be determined and that the claimant is the lawful owner of the30735
part;30736

       (iii) That no vehicle identification number or derivative of30737
a vehicle identification number on the part has been destroyed or30738
concealed in such a manner that the identity of the part cannot be30739
determined from that number;30740

       (iv) Payment of all costs of removing the part.30741

       (3) Divisions (A), (B), and (D)(1) and (2) of this section30742
do not apply to the good faith acquisition and disposition of30743
vehicles and vehicle parts as junk or scrap in the ordinary course30744
of business by a scrap metal processing facility as defined in30745
division (E)(D) of section 4737.05 of the Revised Code or by a30746
motor vehicle salvage dealer licensed under Chapter 4738. of the30747
Revised Code. This division (D)(3) does not create an element of30748
an offense or an affirmative defense, or affect the burden of30749
proceeding with the evidence or burden of proof in a criminal30750
proceeding.30751

       (4)(a) Divisions (D)(1) and (2) of this section do not apply30752
to the possession of an owner, or the owner's insurer, who30753
provides satisfactory evidence of all of the following:30754

       (i) That the vehicle identification number or derivative30755
thereof on the vehicle or part has been removed, defaced, covered,30756
altered, or destroyed, after the owner acquired such possession,30757
by another person without the consent of the owner, by accident or30758
other casualty not due to the owner's purpose to conceal or30759
destroy the identity of the vehicle or vehicle part, or by30760
ordinary wear and tear;30761

       (ii) That the person is the owner of the vehicle as shown on30762
a valid certificate of title issued by this state or certificate30763
of title or other lawful evidence of title issued in another30764
state, in a clear chain of title beginning with the manufacturer;30765

       (iii) That the original identity of the vehicle can be30766
established in a manner that excludes any reasonable probability30767
that the vehicle has been stolen from another person.30768

       (b) The registrar of motor vehicles shall adopt rules under30769
Chapter 119. of the Revised Code to permit an owner described in30770
division (D)(4)(a) of this section, upon application and30771
submission of satisfactory evidence to the registrar of motor30772
vehicles, to obtain authority to replace the vehicle30773
identification number under the supervision of a peace officer,30774
trooper of the state highway patrol, or representative of the30775
registrar. The rules shall be designed to restore the30776
identification of the vehicle in a manner that will deter its30777
theft and facilitate its marketability. Until such rules are30778
adopted, the registrar shall follow the existing procedure for the30779
replacement of vehicle identification numbers that have been30780
established by the registrar, with such modifications as the30781
registrar determines to be necessary or appropriate for the30782
administration of the laws hethe registrar is required to30783
administer.30784

       The registrar may issue a temporary permit to an owner of a30785
motor vehicle who is described in division (D)(4)(a) of this30786
section to authorize the owner to retain possession of the motor30787
vehicle and to transfer title to the motor vehicle with the30788
consent of the registrar.30789

       (c) No owner described in division (D)(4)(a) of this section30790
shall knowingly fail knowingly to apply to the registrar for30791
authority to replace the vehicle identification number, within30792
thirty days after the later of the following dates:30793

       (i) The date of receipt by the applicant of actual knowledge30794
of the concealment or destruction;30795

       (ii) If the property has been stolen, the date thereafter30796
upon which the applicant obtains possession of the vehicle or has30797
been notified by a law enforcement agency that the vehicle has30798
been recovered.30799

       The requirement of division (D)(4)(c) of this section may be30800
excused by the registrar for good cause shown.30801

       (E) Whoever violates division (A), (B), (C), or (D)(1) of30802
this section is guilty of a felony of the fifth degree on a first30803
offense and a felony of the fourth degree on each subsequent30804
offense.30805

       (F) Whoever violates division (D)(4)(c) of this section is30806
guilty of a minor misdemeanor.30807

       Sec. 4551.04. (A) No person shall transport trees or boughs30808
described in section 4551.01 of the Revised Code in violation of30809
sections 4551.01 to 4551.03, inclusive, of the Revised Code.30810

       (B)Whoever violates this section shall be fined not more30811
than one thousand dollars, imprisoned not more than thirty days,30812
or both.30813

       Sec. 4561.11. (A) All airports, landing fields, and landing30814
areas shall be approved by the department of transportation before30815
being used for commercial purposes. The department may issue a30816
certificate of approval in each case. The department shall30817
require that a complete plan of such airport, landing field, or30818
landing area be filed with it before granting or issuing such30819
approval; provided that in no case in which the department30820
licenses or certifies an airport, landing field, or landing area30821
constructed, maintained, or supported, in whole or in part, by30822
public funds, under sections 4561.01 to 4561.151 of the Revised30823
Code, shall the public be deprived of the use thereof or its30824
facilities for aviation purposes as fully and equally as all other30825
parties.30826

       In any case in which the department rejects or disapproves an30827
application to operate an airport, landing field, or landing area,30828
or in any case in which the department issues an order requiring30829
certain things to be done before approval, it shall set forth its30830
reasons therefor and shall state the requirements to be met before30831
such approval will be given or such order modified or changed. In30832
any case in which the department considers it necessary, it may30833
order the closing of any airport, landing field, or landing area30834
for commercial purposes until the requirements of the order made30835
by the department are complied with.30836

       Appeal from any action or decision of the department in any30837
such matter shall be made in accordance with sections 119.01 to30838
119.13 of the Revised Code.30839

       The department shall require that any person engaged within30840
this state in operating aircraft, in any form of navigation, shall30841
be the holder of a currently effective airman'saviator's license30842
issued by the civil aeronautics administration.30843

       The airman'saviator's license required by this section shall30844
be kept in the personal possession of the pilot when the pilot is30845
operating aircraft within this state, and shall be presented for30846
inspection upon the request of any passenger, any authorized30847
representative of the department, or any official manager or30848
person in charge of any airport, landing field, or area in this30849
state upon which the pilot lands.30850

       (B)Whoever violates this section shall be fined not more30851
than five hundred dollars, imprisoned not more than ninety days,30852
or both.30853

       Sec. 4561.12. (A) No aircraft shall be operated or30854
maintained on any public land or water owned or controlled by this30855
state, or by any political subdivision thereofof this state,30856
except at such places and under such rules and regulations30857
governing and controlling the operation and maintenance of30858
aircraft as are adopted and promulgated by the department of30859
transportation in accordance with sections 119.01 to 119.13 of the30860
Revised Code.30861

       Such action and approval by the department shall not become30862
effective until it has been approved by the adoption and30863
promulgation of appropriate rules and regulations governing,30864
controlling, and approving said places and the method of operation30865
and maintenance of aircraft, by the department, division,30866
political subdivision, agent, or agency of this state having30867
ownership or control of the places on said public land or water30868
which are affected by such operation or maintenance of aircraft30869
thereon.30870

       (B)Whoever violates this section shall be fined not more30871
than five hundred dollars, imprisoned not more than ninety days,30872
or both.30873

       Sec. 4561.14. (A) No person shall operate any aircraft in30874
this state unless such person is the holder of a valid airman's30875
aviator's license issued by the United States.30876

       No person operating an aircraft within this state shall fail30877
to exhibit such license for inspection upon the demand of any30878
passenger on such aircraft, or fail to exhibit same for inspection30879
upon the demand of any peace officer, member or employee of the30880
department of transportation, or manager or person in charge of an30881
airport or landing field within this state, prior to taking off or30882
upon landing said aircraft.30883

       No person shall operate an aircraft within this state unless30884
such aircraft is licensed and registered by the United States;30885
this section is inapplicable to the operation of military aircraft30886
of the United States, aircraft of a state, territory, or30887
possession of the United States, or aircraft licensed by a foreign30888
country with which the United States has a reciprocal agreement30889
covering the operation of such aircraft.30890

       No person shall operate an aircraft within this state in30891
violation of any air traffic rules in force under the laws of the30892
United States or under sections 4561.01 to 4561.14 of the Revised30893
Code, and the rules and regulations of the department adopted30894
pursuant thereto.30895

       (B)Whoever violates this section shall be fined not more30896
than five hundred dollars, imprisoned not more than ninety days,30897
or both.30898

       Sec. 4561.15.  (A) No person shall commit any of the30899
following acts:30900

       (1) Carry passengers in an aircraft unless the person30901
piloting the aircraft is a holder of a valid airman'sairperson's30902
certificate of competency in the grade of private pilot or higher30903
issued by the United States; this division of this section is30904
inapplicable to the operation of military aircraft of the United30905
States, aircraft of a state, territory, or possession of the30906
United States, or aircraft licensed by a foreign country with30907
which the United States has a reciprocal agreement covering the30908
operation of such aircraft.;30909

       (2) Operate an aircraft on the land or water or in the air30910
space over this state in a careless or reckless manner that30911
endangers any person or property, or with willful or wanton30912
disregard for the rights or safety of others.;30913

       (3) Operate an aircraft on the land or water or in the air30914
space over this state while under the influence of intoxicating30915
liquor, controlled substances, or other habit-forming drugs.;30916

       (4) Tamper with, alter, destroy, remove, carry away, or30917
cause to be carried away any object used for the marking of30918
airports, landing fields, or other aeronautical facilities in this30919
state, or in any way change the position or location of such30920
markings, except by the direction of the proper authorities30921
charged with the maintenance and operation of such facilities, or30922
illegally possess any object used for such markings.30923

       (B) Jurisdiction over any proceedings charging a violation30924
of this section is limited to courts of record.30925

       (C)Whoever violates this section shall be fined not more30926
than five hundred dollars, imprisoned not more than six months, or30927
both.30928

       Sec. 4561.22. (A) No owner or operator of an aircraft shall30929
violate sections 4561.17 to 4561.20, inclusive, of the Revised30930
Code.30931

       (B)Whoever violates this section shall be fined not more30932
than one hundred dollars, imprisoned not more than thirty days, or30933
both.30934

       Sec. 4561.24. (A) No person shall operate a motor vehicle30935
upon any runway of an airport without prior approval of the person30936
in charge of the airport when the airport has been certified as a30937
commercial airport by the office of aviation.30938

       Any person lending assistance to the operator or operation of30939
a vehicle engaged in such activity shall be equally charged as the30940
participants.30941

       (B)Except as otherwise provided in this division, whoever30942
violates this section shall be fined not less than one hundred nor30943
more than five hundred dollars, imprisoned for not more than six30944
months, or both. If the offender previously has committed a30945
violation of this section, whoever violates this section shall be30946
fined not less than two hundred nor more than one thousand30947
dollars, imprisoned for not more than one year, or both.30948

       (C) As used in this section, "motor vehicle" has the same30949
meaning as in section 4501.01 of the Revised Code.30950

       (D) Airport vehicles and emergency and maintenance equipment30951
are exempted from this section.30952

       Sec. 4561.31.  (A)(1) Except as provided in divisions (D),30953
(E), and (F) of this section, no person shall commence to install30954
any structure or object of natural growth in this state, any part30955
of which will penetrate or is reasonably expected to penetrate30956
into or through any airport's clear zone surface, horizontal30957
surface, conical surface, primary surface, approach surface, or30958
transitional surface without first obtaining a permit from the30959
department of transportation under section 4561.34 of the Revised30960
Code. The replacement of an existing structure or object of30961
natural growth with, respectively, a structure or object that is30962
not more than ten feet or twenty per cent higher than the height30963
of the existing structure or object, whichever is higher, does not30964
constitute commencing to install a structure or object, except30965
when any part of the structure or object will penetrate or is30966
reasonably expected to penetrate into or through any airport's30967
clear zone surface, horizontal surface, conical surface, primary30968
surface, approach surface, or transitional surface. Such30969
replacement of a like structure or object is not exempt from any30970
other requirements of state or local law.30971

       (2) No person shall substantially change, as determined by30972
the department, the height or location of any structure or object30973
of natural growth in this state, any part of which, as a result of30974
such change, will penetrate or is reasonably expected to penetrate30975
into or through any airport's clear zone surface, horizontal30976
surface, conical surface, primary surface, approach surface, or30977
transitional surface, and for which installation had commenced or30978
which was already installed prior to the effective date of this30979
sectionOctober 15, 1991, without first obtaining a permit from30980
the department under section 4561.34 of the Revised Code. This30981
division does not exempt the structure or object from any other30982
requirements of state or local law.30983

       (3) No person shall substantially change, as determined by30984
the department, the height or location of any structure or object30985
of natural growth for which a permit was issued pursuant to30986
section 4561.34 of the Revised Code, without first obtaining an30987
amended permit from the department under that section.30988

       (B) No person shall install, operate, or maintain any30989
structure or object of natural growth for which a permit has been30990
issued under section 4561.34 of the Revised Code, except in30991
compliance with the permit's terms and conditions and with any30992
rules or orders issued under sections 4561.30 to 4561.39 of the30993
Revised Code.30994

       (C) The holder of a permit issued under section 4561.34 of30995
the Revised Code, with the department's approval, may transfer the30996
permit to another person who agrees to comply with its terms and30997
conditions.30998

       (D) Any person who receives a permit to construct,30999
establish, substantially change, or substantially alter a31000
structure or object of natural growth from an airport zoning board31001
on or after the effective date of this sectionOctober 15, 1991,31002
under Chapter 4563. of the Revised Code is not required to apply31003
for a permit from the department under sections 4561.30 to 4561.3931004
of the Revised Code, provided that the airport zoning board has31005
adopted airport zoning regulations pursuant to section 4563.032 of31006
the Revised Code.31007

       (E) Any person who receives a certificate from the power31008
siting board pursuant to section 4906.03 or 4906.10 of the Revised31009
Code on or after the effective date of this sectionOctober 15,31010
1991, is not required to apply for a permit from the department31011
under sections 4561.30 to 4561.39 of the Revised Code.31012

       (F) Any person who, in accordance with 14 C.F.R. 77.11 to31013
77.19, notified the federal aviation administration prior to June31014
1, 1991, that hethe person proposes to construct, establish,31015
substantially change, or substantially alter a structure or object31016
of natural growth is not required to apply for a permit from the31017
department under sections 4561.30 to 4561.39 of the Revised Code31018
in connection with the construction, establishment, substantial31019
change, or substantial alteration of the structure or object of31020
natural growth either as originally proposed to the federal31021
aviation administration or as altered as the person or the federal31022
aviation administration considers necessary, provided that the31023
federal aviation administration, pursuant to 14 C.F.R. Part 77,31024
does not determine that the proposed construction, establishment,31025
substantial change, or substantial alteration of the structure or31026
object of natural growth would be a hazard to air navigation.31027

       (G)(1)Whoever violates division (A)(1) or (2) of this31028
section is guilty of a misdemeanor of the third degree. Each day31029
of violation constitutes a separate offense.31030

       (2) Whoever violates division (A)(3) or (B) of this section31031
is guilty of a misdemeanor of the first degree. Each day of31032
violation constitutes a separate offense.31033

       Sec. 4561.99. (A) Whoever violates any provision of31034
sections 4561.014561.021 to 4561.144561.13 of the Revised Code31035
for which no penalty otherwise is provided in the section that31036
contains the provision violated shall be fined not more than five31037
hundred dollars, imprisoned not more than ninety days, or both.31038

       (B) Whoever violates section 4561.15 of the Revised Code31039
shall be fined not more than five hundred dollars, imprisoned not31040
more than six months, or both.31041

       (C) Whoever violates section 4561.22 of the Revised Code31042
shall be fined not more than one hundred dollars, imprisoned not31043
more than thirty days, or both.31044

       (D) Whoever violates section 4561.24 of the Revised Code31045
shall be fined not less than one hundred nor more than five31046
hundred dollars, imprisoned for not more than six months, or both,31047
for a first offense and shall be fined not less than two hundred31048
nor more than one thousand dollars, imprisoned for not more than31049
one year, or both, for each subsequent offense.31050

       (E) Whoever violates division (A)(1) or (2) of section31051
4561.31 of the Revised Code is guilty of a misdemeanor of the31052
third degree. Each day of violation constitutes a separate31053
offense.31054

       (F) Whoever violates division (A)(3) or (B) of section31055
4561.31 of the Revised Code is guilty of a misdemeanor of the31056
first degree. Each day of violation constitutes a separate31057
offense.31058

       Sec. 4563.09.  No airport zoning regulations adopted under31059
sections 4563.01 to 4563.21, inclusive, and section 4563.99 of the31060
Revised Code, shall require the removal, lowering, or other change31061
or alteration of any structure or object of natural growth not31062
conforming to the regulations when adopted or amended, or31063
otherwise interfere with the continuance of any nonconforming use,31064
except as provided in section 4563.14 of the Revised Code.31065

       Sec. 4563.10.  Nothing in sections 4563.01 to 4563.21,31066
inclusive, of the Revised Code, shall confer any power on any31067
political subdivision or airport zoning board to prohibit the use31068
of any land for farming, dairying, pasturage, apiculture,31069
horticulture, floriculture, viticulture, or animal and poultry31070
husbandry, except where such use shall create an airport hazard.31071
The provisions of sections 4563.01 to 4563.21, inclusive, and31072
section 4563.99 of the Revised Code shall not apply in respect to31073
the location, relocation, erection, construction, reconstruction,31074
change, alteration, maintenance, removal, use, or enlargement of31075
any buildings or structures, now existing or constructed in the31076
future, of any public utility or railroad.31077

       Sec. 4563.20. (A) No person shall violate any regulation,31078
order, or ruling promulgated or made pursuant to sections 4563.0131079
to 4563.21, inclusive, of the Revised Code.31080

       (B)Whoever violates this section shall be fined not more31081
than one hundred dollars. Each day's willful continuation of the31082
violation is a separate offense.31083

       Sec. 4582.06. (A) A port authority created in accordance31084
with section 4582.02 of the Revised Code may:31085

       (A)(1) Acquire, construct, furnish, equip, maintain, repair,31086
sell, exchange, lease to or from, lease with an option to31087
purchase, convey other interests in, or operate real or personal31088
property, or any combination thereof, related to, useful for, or31089
in furtherance of any authorized purpose, and make charges for the31090
use of any port authority facility, which shall be not less than31091
the charges established for the same services furnished by a31092
public utility or common carrier in the jurisdiction of the31093
particular port authority;31094

       (B)(2) Straighten, deepen, and improve any canal, channel,31095
river, stream, or other water course or way that may be necessary31096
or proper in the development of the facilities of the port31097
authority;31098

       (C)(3) Issue bonds or notes for the acquisition,31099
construction, furnishing, or equipping of any real or personal31100
property, or any combination thereof, related to, useful for, or31101
in furtherance of any authorized purpose, in compliance with31102
Chapter 133. of the Revised Code, except that the bonds or notes31103
only may be issued pursuant to a vote of the electors residing31104
within the territory of the port authority. The net indebtedness31105
incurred by a port authority shall never exceed two per cent of31106
the total value of all property within the territory comprising31107
the authority as listed and assessed for taxation.31108

       (D)(4) By resolution of its board of directors, issue31109
revenue bonds beyond the limit of bonded indebtedness provided by31110
law, for the acquisition, construction, furnishing, or equipping31111
of any real or personal property, or any combination thereof,31112
related to, useful for, or in furtherance of any authorized31113
purpose, including all costs in connection with or incidental31114
thereto.31115

       The revenue bonds of the port authority shall be secured only31116
by a pledge of and a lien on the revenues of the port authority31117
derived from those loan payments, rentals, fees, charges, or other31118
revenues that are designated in the resolution, including, but not31119
limited to, any property to be acquired, constructed, furnished,31120
or equipped with the proceeds of the bond issue, after provision31121
only for the reasonable cost of operating, maintaining, and31122
repairing the property of the port authority so designated. The31123
bonds may further be secured by the covenant of the port authority31124
to maintain rates or charges that will produce revenues sufficient31125
to meet the costs of operating, maintaining, and repairing such31126
property and to meet the interest and principal requirements of31127
the bonds and to establish and maintain reserves for the foregoing31128
purposes. The board of directors, by resolution, may provide for31129
the issuance of additional revenue bonds from time to time, to be31130
secured equally and ratably, without preference, priority, or31131
distinction, with outstanding revenue bonds, but subject to the31132
terms and limitations of any trust agreement described in this31133
section, and of any resolution authorizing bonds then outstanding.31134
The board of directors, by resolution, may designate additional31135
property of the port authority, the revenues of which shall be31136
pledged and be subject to a lien for the payment of the debt31137
charges on revenue bonds theretofore authorized by resolution of31138
the board of directors, to the same extent as the revenues above31139
described.31140

       In the discretion of the board of directors, the revenue31141
bonds of the port authority may be secured by a trust agreement31142
between the board of directors on behalf of the port authority and31143
a corporate trustee, that may be any trust company or bank having31144
powers of a trust company, within or without the state.31145

       The trust agreement may provide for the pledge or assignment31146
of the revenues to be received, but shall not pledge the general31147
credit and taxing power of the port authority. A trust agreement31148
securing revenue bonds issued to acquire, construct, furnish, or31149
equip real property, plants, factories, offices, and other31150
structures and facilities for authorized purposes consistent with31151
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage31152
the real or personal property, or a combination thereof, to be31153
acquired, constructed, furnished, or equipped from the proceeds of31154
such revenue bonds, as further security for the bonds. The trust31155
agreement or the resolution providing for the issuance of revenue31156
bonds may set forth the rights and remedies of the bondholders and31157
trustee, and may contain other provisions for protecting and31158
enforcing their rights and remedies that are determined in the31159
discretion of the board of directors to be reasonable and proper.31160
The agreement or resolution may provide for the custody,31161
investment, and disbursement of all moneys derived from the sale31162
of such bonds, or from the revenues of the port authority, other31163
than those moneys received from taxes levied pursuant to section31164
4582.14 of the Revised Code, and may provide for the deposit of31165
such funds without regard to section 4582.15 of the Revised Code.31166

       All bonds issued under authority of this chapter, regardless31167
of form or terms and regardless of any other law to the contrary,31168
shall have all qualities and incidents of negotiable instruments,31169
subject to provisions for registration, and may be issued in31170
coupon, fully registered, or other form, or any combination31171
thereof, as the board of directors determines. Provision may be31172
made for the registration of any coupon bonds as to principal31173
alone or as to both principal and interest, and for the conversion31174
into coupon bonds of any fully registered bonds or bonds31175
registered as to both principal and interest.31176

       The revenue bonds shall bear interest at such rate or rates,31177
shall bear such date or dates, and shall mature within forty years31178
following the date of issuance and in such amount, at such time or31179
times, and in such number of installments, as may be provided in31180
or pursuant to the resolution authorizing their issuance. Any31181
original issue of revenue bonds shall mature not later than forty31182
years from their date of issue. Such resolution also shall31183
provide for the execution of the bonds, which may be by facsimile31184
signatures unless prohibited by the resolution, and the manner of31185
sale of the bonds. The resolution shall provide for, or provide31186
for the determination of, any other terms and conditions relative31187
to the issuance, sale, and retirement of the bonds that the board31188
of directors in its discretion determines to be reasonable and31189
proper.31190

       Whenever a port authority considers it expedient, it may31191
issue renewal notes and refund any bonds, whether the bonds to be31192
refunded have or have not matured. The final maturity of any31193
notes, including any renewal notes, shall not be later than five31194
years from the date of issue of the original issue of notes. The31195
final maturity of any refunding bonds shall not be later than the31196
later of forty years from the date of issue of the original issue31197
of bonds or the date by which it is expected, at the time of31198
issuance of the refunding bonds, that the useful life of all of31199
the property, other than interests in land, refinanced with31200
proceeds of the bonds will have expired. The refunding bonds31201
shall be sold and the proceeds applied to the purchase,31202
redemption, or payment of the bonds to be refunded and the costs31203
of issuance of the refunding bonds. The bonds and notes issued31204
under this chapter, their transfer, and the income therefrom,31205
shall at all times be free from taxation within the state.31206

       (E)(5) Do any of the following, in regard to any interests31207
in any real or personal property, or any combination thereof,31208
including, without limitation, machinery, equipment, plants,31209
factories, offices, and other structures and facilities related31210
to, useful for, or in furtherance of any authorized purpose, for31211
such consideration and in such manner, consistent with Article31212
VIII, Ohio Constitution, as the board in its sole discretion may31213
determine:31214

       (1)(a) Loan moneys to any person for the acquisition,31215
construction, furnishing, and equipping of the property;31216

       (2)(b) Acquire, construct, maintain, repair, furnish, and31217
equip the property;31218

       (3)(c) Sell to, exchange with, lease, convey other interests31219
in, or lease with an option to purchase the same or any lesser31220
interest in the property to the same or any other person or31221
governmental entity;31222

       (4)(d) Guarantee the obligations of any person or31223
governmental entity.31224

       A port authority may accept and hold as consideration for the31225
conveyance of property or any interest therein such property or31226
interests therein as the board in its discretion may determine,31227
notwithstanding any restrictions that apply to the investment of31228
funds by a port authority.31229

       (F)(6) Construct, maintain, repair, furnish, equip, sell,31230
exchange, lease, or lease with an option to purchase, any property31231
that it is authorized to acquire. A port authority that is31232
subject to this section also may operate any property in31233
connection with transportation, recreational, governmental31234
operations, or cultural activities.31235

       (1)(a) Any purchase, exchange, sale, lease, lease with an31236
option to purchase, conveyance of other interests in, or other31237
contract with a person or governmental entity that pertains to the31238
acquisition, construction, maintenance, repair, furnishing,31239
equipping, or operation of any real or personal property, or any31240
combination thereof, related to, useful for, or in furtherance of31241
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31242
Constitution, shall be made in such manner and subject to such31243
terms and conditions as may be determined by the board of31244
directors in its discretion.31245

       (2)(b) Division (F)(1)(A)(6)(a) of this section applies to31246
all contracts that are subject to the division, notwithstanding31247
any other provision of law that might otherwise apply, including,31248
without limitation, any requirement of notice, any requirement of31249
competitive bidding or selection, or any requirement for the31250
provision of security.31251

       (3)(c) Divisions (F)(1)(A)(6)(a) and (2)(b) of this section31252
do not apply to either of the following:31253

       (a)(i) Any contract secured by or to be paid from moneys31254
raised by taxation or the proceeds of obligations secured by a31255
pledge of moneys raised by taxation;31256

       (b)(ii) Any contract secured exclusively by or to be paid31257
exclusively from the general revenues of the port authority. For31258
the purposes of this section, any revenues derived by the port31259
authority under a lease or other agreement that, by its terms,31260
contemplates the use of amounts payable under the agreement either31261
to pay the costs of the improvement that is the subject of the31262
contract or to secure obligations of the port authority issued to31263
finance costs of such improvement, are excluded from general31264
revenues.31265

       (G)(7) Apply to the proper authorities of the United States31266
pursuant to appropriate law for the right to establish, operate,31267
and maintain foreign trade zones and to establish, operate, and31268
maintain foreign trade zones; and to acquire land or property31269
therefor, in a manner consistent with section 4582.17 of the31270
Revised Code;31271

       (H)(8) Exercise the right of eminent domain to appropriate31272
any land, rights, rights-of-way, franchises, easements, or other31273
property, necessary or proper for any authorized purpose, pursuant31274
to the procedure provided in sections 163.01 to 163.22 of the31275
Revised Code, if funds equal to the appraised value of the31276
property to be acquired as a result of such proceedings are31277
available for that purpose, except that nothing contained in31278
sections 4582.01 to 4582.20 of the Revised Code shall authorize a31279
port authority to take or disturb property or facilities belonging31280
to any agency or political subdivision of this state, public31281
utility, or common carrier, which property or facilities are31282
necessary and convenient in the operation of the agency or31283
political subdivision, public utility, or common carrier, unless31284
provision is made for the restoration, relocation, or duplication31285
of the property or facilities, or upon the election of the agency31286
or political subdivision, public utility, or common carrier, for31287
the payment of compensation, if any, at the sole cost of the port31288
authority, provided that:31289

       (1)(a) If any restoration or duplication proposed to be made31290
pursuant to this section involves a relocation of such property or31291
facilities, the new facilities and location shall be of at least31292
comparable utilitarian value and effectiveness, and the relocation31293
shall not impair the ability of the public utility or common31294
carrier to compete in its original area of operation.31295

       (2)(b) If any restoration or duplication made pursuant to31296
this section involves a relocation of such property or facilities,31297
the port authority shall acquire no interest or right in or to the31298
appropriated property or facilities, except as provided in31299
division (K)(A)(11) of this section, until the relocated property31300
or facilities are available for use and until marketable title31301
thereto has been transferred to the public utility or common31302
carrier.31303

       (3)(c) Provisions for restoration or duplication shall be31304
described in detail in the resolution for appropriation passed by31305
the port authority.31306

       (I)(9) Enjoy and possess the same rights, privileges, and31307
powers granted municipal corporations under sections 721.04 to31308
721.11 of the Revised Code;31309

       (J)(10) Maintain such funds as it considers necessary;31310

       (K)(11) Direct its agents or employees, when properly31311
identified in writing, and after at least five days' written31312
notice, to enter upon lands within the confines of its31313
jurisdiction in order to make surveys and examinations preliminary31314
to location and construction of works for the purposes of the port31315
authority, without liability of the port authority or its agents31316
or employees except for actual damage done;31317

       (L)(12) Sell, lease, or convey other interests in real and31318
personal property and grant easements or rights-of-way over31319
property of the port authority. The board of directors shall31320
specify the consideration and any terms thereof for the sale,31321
lease, or conveyance of other interests in real and personal31322
property. Any determinations made by the board of directors under31323
this division shall be conclusive. The sale, lease, or conveyance31324
may be made without advertising and the receipt of bids.31325

       (M)(13) Promote, advertise, and publicize the port authority31326
facilities and its authorized purposes, provide information to31327
persons with an interest in transportation and other port31328
authority activities, and appear before rate-making authorities to31329
represent and promote the interests of the port authority and its31330
authorized purposes;31331

       (N)(14) Adopt rules, not in conflict with general law,31332
governing the use of and the safeguarding of its property,31333
grounds, buildings, equipment, and facilities, safeguarding31334
persons and their property located on or in port authority31335
property, and governing the conduct of its employees and the31336
public, in order to promote the public safety and convenience in31337
and about its terminals and grounds, and to maintain order. Any31338
such regulation shall be posted at no less than five public places31339
in the port authority, as determined by the board of directors,31340
for a period of not fewer than fifteen days, and shall be31341
available for public inspection at the principal office of the31342
port authority during regular business hours. No person shall31343
violate any lawful regulation adopted and posted as provided in31344
this division.31345

       (O)(15) Do all acts necessary or appropriate to carry out31346
its authorized purposes. The port authority shall have the powers31347
and rights granted to other subdivisions under section 9.20 of the31348
Revised Code.31349

       (B) Any instrument by which real property is acquired31350
pursuant to this section shall identify the agency of the state31351
that has the use and benefit of the real property as specified in31352
section 5301.012 of the Revised Code.31353

       (C)Whoever violates division (A)(14) of this section is31354
guilty of a minor misdemeanor.31355

       Sec. 4582.31. (A) A port authority created in accordance31356
with section 4582.22 of the Revised Code may:31357

       (A)(1) Adopt bylaws for the regulation of its affairs and31358
the conduct of its business;31359

       (B)(2) Adopt an official seal;31360

       (C)(3) Maintain a principal office within its jurisdiction,31361
and maintain such branch offices as it may require;31362

       (D)(4) Acquire, construct, furnish, equip, maintain, repair,31363
sell, exchange, lease to or from, or lease with an option to31364
purchase, convey other interests in real or personal property, or31365
any combination thereof, related to, useful for, or in furtherance31366
of any authorized purpose and operate any property in connection31367
with transportation, recreational, governmental operations, or31368
cultural activities;31369

       (E)(5) Straighten, deepen, and improve any channel, river,31370
stream, or other water course or way which may be necessary or31371
proper in the development of the facilities of a port authority;31372

       (F)(6) Make available the use or services of any port31373
authority facility to one or more persons, one or more31374
governmental agencies, or any combination thereof;31375

       (G)(7) Issue bonds or notes for the acquisition,31376
construction, furnishing, or equipping of any port authority31377
facility or other permanent improvement that a port authority is31378
authorized to acquire, construct, furnish, or equip, in compliance31379
with Chapter 133. of the Revised Code, except that such bonds or31380
notes may only be issued pursuant to a vote of the electors31381
residing within the area of jurisdiction of the port authority.31382
The net indebtedness incurred by a port authority shall never31383
exceed two per cent of the total value of all property within the31384
territory comprising the port authority as listed and assessed for31385
taxation.31386

       (H)(8) Issue port authority revenue bonds beyond the limit31387
of bonded indebtedness provided by law, payable solely from31388
revenues as provided in section 4582.48 of the Revised Code, for31389
the purpose of providing funds to pay the costs of any port31390
authority facility or facilities or parts thereof;31391

       (I)(9) Apply to the proper authorities of the United States31392
pursuant to appropriate law for the right to establish, operate,31393
and maintain foreign trade zones and establish, operate, and31394
maintain foreign trade zones and to acquire, exchange, sell, lease31395
to or from, lease with an option to purchase, or operate31396
facilities, land, or property therefor in accordance with the31397
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to31398
81u;31399

       (J)(10) Enjoy and possess the same rights, privileges, and31400
powers granted municipal corporations under sections 721.04 to31401
721.11 of the Revised Code;31402

       (K)(11) Maintain such funds as it considers necessary;31403

       (L)(12) Direct its agents or employees, when properly31404
identified in writing, and after at least five days' written31405
notice, to enter upon lands within the confines of its31406
jurisdiction in order to make surveys and examinations preliminary31407
to location and construction of works for the purposes of the port31408
authority, without liability of the port authority or its agents31409
or employees except for actual damage done;31410

       (M)(13) Promote, advertise, and publicize the port authority31411
and its facilities; provide information to shippers and other31412
commercial interests; and appear before rate-making authorities to31413
represent and promote the interests of the port authority;31414

       (N)(14) Adopt rules, not in conflict with general law, it31415
finds necessary or incidental to the performance of its duties and31416
the execution of its powers under sections 4582.21 to 4582.54 of31417
the Revised Code. Any such rule shall be posted at no less than31418
five public places in the port authority, as determined by the31419
board of directors, for a period of not fewer than fifteen days,31420
and shall be available for public inspection at the principal31421
office of the port authority during regular business hours. No31422
person shall violate any lawful rule adopted and posted as31423
provided in this division.31424

       (O)(15) Do any of the following, in regard to any interests31425
in any real or personal property, or any combination thereof,31426
including, without limitation, machinery, equipment, plants,31427
factories, offices, and other structures and facilities related31428
to, useful for, or in furtherance of any authorized purpose, for31429
such consideration and in such manner, consistent with Article31430
VIII of the Ohio Constitution, as the board in its sole discretion31431
may determine:31432

       (1)(a) Loan moneys to any person or governmental entity for31433
the acquisition, construction, furnishing, and equipping of the31434
property;31435

       (2)(b) Acquire, construct, maintain, repair, furnish, and31436
equip the property;31437

       (3)(c) Sell to, exchange with, lease, convey other interests31438
in, or lease with an option to purchase the same or any lesser31439
interest in the property to the same or any other person or31440
governmental entity;31441

       (4)(d) Guarantee the obligations of any person or31442
governmental entity.31443

       A port authority may accept and hold as consideration for the31444
conveyance of property or any interest therein such property or31445
interests therein as the board in its discretion may determine,31446
notwithstanding any restrictions that apply to the investment of31447
funds by a port authority.31448

       (P)(16) Sell, lease, or convey other interests in real and31449
personal property, and grant easements or rights-of-way over31450
property of the port authority. The board of directors shall31451
specify the consideration and any terms for the sale, lease, or31452
conveyance of other interests in real and personal property. Any31453
determination made by the board under this division shall be31454
conclusive. The sale, lease, or conveyance may be made without31455
advertising and the receipt of bids.31456

       (Q)(17) Exercise the right of eminent domain to appropriate31457
any land, rights, rights-of-way, franchises, easements, or other31458
property, necessary or proper for any authorized purpose, pursuant31459
to the procedure provided in sections 163.01 to 163.22 of the31460
Revised Code, if funds equal to the appraised value of the31461
property to be acquired as a result of such proceedings are31462
available for that purpose. However, nothing contained in31463
sections 4582.201 to 4582.59 of the Revised Code shall authorize a31464
port authority to take or disturb property or facilities belonging31465
to any agency or political subdivision of this state, public31466
utility, or common carrier, which property or facilities are31467
necessary and convenient in the operation of the agency or31468
political subdivision, public utility, or common carrier, unless31469
provision is made for the restoration, relocation, or duplication31470
of such property or facilities, or upon the election of the agency31471
or political subdivision, public utility, or common carrier, for31472
the payment of compensation, if any, at the sole cost of the port31473
authority, provided that:31474

       (1)(a) If any restoration or duplication proposed to be made31475
under this section involves a relocation of the property or31476
facilities, the new facilities and location shall be of at least31477
comparable utilitarian value and effectiveness and shall not31478
impair the ability of the public utility or common carrier to31479
compete in its original area of operation;31480

       (2)(b) If any restoration or duplication made under this31481
section involves a relocation of the property or facilities, the31482
port authority shall acquire no interest or right in or to the31483
appropriated property or facilities, except as provided in31484
division (O) of this section, until the relocated property or31485
facilities are available for use and until marketable title31486
thereto has been transferred to the public utility or common31487
carrier.31488

       (R)(1)(18)(a) Make and enter into all contracts and31489
agreements and execute all instruments necessary or incidental to31490
the performance of its duties and the execution of its powers31491
under sections 4582.21 to 4582.59 of the Revised Code.31492

       (2)(b) Except as provided in division (R)(3)(A)(18)(c) of31493
this section, when the cost of a contract for the construction of31494
any building, structure, or other improvement undertaken by a port31495
authority involves an expenditure exceeding twenty-five thousand31496
dollars, and the port authority is the contracting entity, the31497
port authority shall make a written contract after notice calling31498
for bids for the award of the contract has been given by31499
publication twice, with at least seven days between publications,31500
in a newspaper of general circulation in the area of the port31501
authority. Each such contract shall be let to the lowest31502
responsive and responsible bidder in accordance with section 9.31231503
of the Revised Code. Every contract shall be accompanied by or31504
shall refer to plans and specifications for the work to be done,31505
prepared for and approved by the port authority, signed by an31506
authorized officer of the port authority and by the contractor,31507
and shall be executed in triplicate.31508

       Each bid shall be awarded in accordance with sections 153.54,31509
153.57, and 153.571 of the Revised Code. The port authority may31510
reject any and all bids.31511

       (3)(c) The board of directors by rule may provide criteria31512
for the negotiation and award without competitive bidding of any31513
contract as to which the port authority is the contracting entity31514
for the construction of any building or structure or other31515
improvement under any of the following circumstances:31516

       (a)(i) There exists a real and present emergency that31517
threatens damage or injury to persons or property of the port31518
authority or other persons, provided that a statement specifying31519
the nature of the emergency that is the basis for the negotiation31520
and award of a contract without competitive bidding shall be31521
signed by the officer of the port authority that executes that31522
contract at the time of the contract's execution and shall be31523
attached to the contract.31524

       (b)(ii) A commonly recognized industry or other standard or31525
specification does not exist and cannot objectively be articulated31526
for the improvement.31527

       (c)(iii) The contract is for any energy conservation measure31528
as defined in section 307.041 of the Revised Code.31529

       (d)(iv) With respect to material to be incorporated into the31530
improvement, only a single source or supplier exists for the31531
material.31532

       (e)(v) A single bid is received by the port authority after31533
complying with the provisions of division (R)(2)(A)(18)(b) of this31534
section.31535

       (4)(a)(d)(i) If a contract is to be negotiated and awarded31536
without competitive bidding for the reason set forth in division31537
(R)(3)(b)(A)(18)(c)(ii) of this section, the port authority shall31538
publish a notice calling for technical proposals at least twice,31539
with at least seven days between publications, in a newspaper of31540
general circulation in the area of the port authority. After31541
receipt of the technical proposals, the port authority may31542
negotiate with and award a contract for the improvement to the31543
proposer making the proposal considered to be the most31544
advantageous to the port authority.31545

       (b)(ii) If a contract is to be negotiated and awarded31546
without competitive bidding for the reason set forth in division31547
(R)(3)(d)(A)(18)(c)(iv) of this section, any construction31548
activities related to the incorporation of the material into the31549
improvement also may be provided without competitive bidding by31550
the source or supplier of that material.31551

       (5)(a)(e)(i) Any purchase, exchange, sale, lease, lease with31552
an option to purchase, conveyance of other interests in, or other31553
contract with a person or governmental entity that pertains to the31554
acquisition, construction, maintenance, repair, furnishing,31555
equipping, or operation of any real or personal property, or any31556
combination thereof, related to, useful for, or in furtherance of31557
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31558
Constitution, shall be made in such manner and subject to such31559
terms and conditions as may be determined by the board of31560
directors in its discretion.31561

       (b)(ii) Division (R)(5)(a)(A)(18)(e)(i) of this section31562
applies to all contracts that are subject to the division,31563
notwithstanding any other provision of law that might otherwise31564
apply, including, without limitation, any requirement of notice,31565
any requirement of competitive bidding or selection, or any31566
requirement for the provision of security.31567

       (c)(iii) Divisions (R)(5)(a)(A)(18)(e)(i) and (b)(ii) of31568
this section do not apply to either of the following:31569

       (i) Any: any contract secured by or to be paid from moneys31570
raised by taxation or the proceeds of obligations secured by a31571
pledge of moneys raised by taxation.31572

       (ii) Any;or any contract secured exclusively by or to be31573
paid exclusively from the general revenues of the port authority.31574
For the purposes of this section, any revenues derived by the port31575
authority under a lease or other agreement that, by its terms,31576
contemplates the use of amounts payable under the agreement either31577
to pay the costs of the improvement that is the subject of the31578
contract or to secure obligations of the port authority issued to31579
finance costs of such improvement, are excluded from general31580
revenues.31581

       (S)(19) Employ managers, superintendents, and other31582
employees and retain or contract with consulting engineers,31583
financial consultants, accounting experts, architects, attorneys,31584
and any other consultants and independent contractors as are31585
necessary in its judgment to carry out this chapter, and fix the31586
compensation thereof. All expenses thereof shall be payable from31587
any available funds of the port authority or from funds31588
appropriated for that purpose by a political subdivision creating31589
or participating in the creation of the port authority.31590

       (T)(20) Receive and accept from any state or federal agency31591
grants and loans for or in aid of the construction of any port31592
authority facility or for research and development with respect to31593
port authority facilities, and receive and accept aid or31594
contributions from any source of money, property, labor, or other31595
things of value, to be held, used, and applied only for the31596
purposes for which the grants and contributions are made;31597

       (U)(21) Engage in research and development with respect to31598
port authority facilities;31599

       (V)(22) Purchase fire and extended coverage and liability31600
insurance for any port authority facility and for the principal31601
office and branch offices of the port authority, insurance31602
protecting the port authority and its officers and employees31603
against liability for damage to property or injury to or death of31604
persons arising from its operations, and any other insurance the31605
port authority may agree to provide under any resolution31606
authorizing its port authority revenue bonds or in any trust31607
agreement securing the same;31608

       (W)(23) Charge, alter, and collect rentals and other charges31609
for the use or services of any port authority facility as provided31610
in section 4582.43 of the Revised Code;31611

       (X)(24) Provide coverage for its employees under Chapters31612
145., 4123., and 4141. of the Revised Code;31613

       (Y)(25) Do all acts necessary or proper to carry out the31614
powers expressly granted in sections 4582.21 to 4582.59 of the31615
Revised Code.31616

       (B) Any instrument by which real property is acquired31617
pursuant to this section shall identify the agency of the state31618
that has the use and benefit of the real property as specified in31619
section 5301.012 of the Revised Code.31620

       (C)Whoever violates division (A)(14) of this section is31621
guilty of a minor misdemeanor.31622

       Sec. 4582.59.  Sections 4582.22 to 4582.994582.59 of the31623
Revised Code and division (C) of section 4582.06 of the Revised31624
Code being necessary for the welfare of the state and its31625
inhabitants shall be liberally construed to effect the purposes31626
thereof.31627

       Sec. 4583.01. (A) No person shall keep a ferry across a31628
stream running through or bounding on a county in this state,31629
without having obtained a license therefor from the court of31630
common pleas of such county.31631

       (B)Whoever violates this section shall be fined not more31632
than thirty dollars.31633

       Sec. 5120.032.  (A) No later than January 1, 1998, the31634
department of rehabilitation and correction shall develop and31635
implement intensive program prisons for male and female prisoners31636
other than prisoners described in division (B)(2) of this section.31637
The intensive program prisons shall include institutions at which31638
imprisonment of the type described in division (B)(2)(a) of31639
section 5120.031 of the Revised Code is provided and prisons that31640
focus on educational achievement, vocational training, alcohol and31641
other drug abuse treatment, community service and conservation31642
work, and other intensive regimens or combinations of intensive31643
regimens.31644

       (B)(1)(a) Except as provided in division (B)(2) of this31645
section, if the sentencing court determines that a prisoner is31646
eligible for placement in an intensive program prison under this31647
section and the sentencing court either recommends the offender31648
for placement in the intensive program prison or makes no31649
recommendation on placement of the prisoner, the department may31650
place the prisoner in an intensive program prison established31651
pursuant to division (A) of this section.31652

       If the sentencing court recommends a prisoner for placement31653
in an intensive program prison and the department subsequently31654
places the prisoner in the recommended prison, the department31655
shall notify the court of the prisoner's placement in the31656
recommended intensive program prison and shall include with the31657
notice a brief description of the placement.31658

       If the sentencing court approves placement of a prisoner in31659
an intensive program prison and the department does not31660
subsequently place the offender in the recommended prison, the31661
department shall send a notice to the court indicating why the31662
prisoner was not placed in the recommended prison.31663

       If the sentencing court does not make a recommendation on the31664
placement of an eligible prisoner in an intensive program prison,31665
the department shall screen the prisoner and determine if the31666
prisoner is suited for the prison. If the prisoner is suited for31667
the intensive program prison, at least three weeks prior to31668
placing the prisoner in the prison, the department shall notify31669
the sentencing court of the proposed placement of the prisoner in31670
the intensive program prison and shall include with the notice a31671
brief description of the placement. The court shall have ten days31672
from receipt of the notice to disapprove the placement. If the31673
sentencing court disapproves the placement, the department shall31674
not proceed with it. If the sentencing court does not timely31675
disapprove of the placement, the department may proceed with plans31676
for it.31677

       If the sentencing court determines that a prisoner is not31678
eligible for placement in an intensive program prison or if the31679
sentencing court disapproves placement of an offender in a prison31680
of that nature, the department of rehabilitation and correction31681
shall not place the prisoner in any intensive program prison.31682

       (b) The department may reduce the stated prison term of a31683
prisoner upon the prisoner's successful completion of a ninety-day31684
period in an intensive program prison. A prisoner whose term has31685
been so reduced shall be required to serve an intermediate,31686
transitional type of detention followed by a release under31687
post-release control sanctions or, in the alternative, shall be31688
placed under post-release control sanctions, as described in31689
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In31690
either case, the placement under post-release control sanctions31691
shall be under terms set by the parole board in accordance with31692
section 2967.28 of the Revised Code and shall be subject to the31693
provisions of that section with respect to a violation of any31694
post-release control sanction.31695

       (2) A prisoner who is in any of the following categories is31696
not eligible to participate in an intensive program prison31697
established pursuant to division (A) of this section:31698

       (a) The prisoner is serving a prison term for aggravated31699
murder, murder, or a felony of the first or second degree or a31700
comparable offense under the law in effect prior to July 1, 1996,31701
or the prisoner previously has been imprisoned for aggravated31702
murder, murder, or a felony of the first or second degree or a31703
comparable offense under the law in effect prior to July 1, 1996.31704

       (b) The prisoner is serving a mandatory prison term, as31705
defined in section 2929.01 of the Revised Code.31706

       (c) The prisoner is serving a prison term for a felony of31707
the third, fourth, or fifth degree that either is a sex offense,31708
an offense betraying public trust, or an offense in which the31709
prisoner caused or attempted to cause actual physical harm to a31710
person, the prisoner is serving a prison term for a comparable31711
offense under the law in effect prior to July 1, 1996, or the31712
prisoner previously has been imprisoned for an offense of that31713
type or a comparable offence offense under the law in effect prior31714
to July 1, 1996.31715

       (d) The prisoner is serving a mandatory prison term in31716
prison for a third or fouth fourth degree felony OMVIOVI offense,31717
as defined in section 2929.01 of the Revised Code, that was31718
imposed pursuant to division (G)(2) of section 2929.13 of the31719
Revised Code.31720

       (C) Upon the implementation of intensive program prisons31721
pursuant to division (A) of this section, the department at all31722
times shall maintain intensive program prisons sufficient in31723
number to reduce the prison terms of at least three hundred fifty31724
prisoners who are eligible for reduction of their stated prison31725
terms as a result of their completion of a regimen in an intensive31726
program prison under this section.31727

       Sec. 5120.033.  (A) As used in this section, "third degree31728
felony OMVIOVI offense" and "fourth degree felony OMVIOVI31729
offense" have the same meanings as in section 2929.01 of the31730
Revised Code.31731

       (B) Within eighteen months after October 17, 1996, the31732
department of rehabilitation and correction shall develop and31733
implement intensive program prisons for male and female prisoners31734
who are sentenced pursuant to division (G)(2) of section 2929.1331735
of the Revised Code to a mandatory prison term for a third or31736
fourth degree felony OMVIOVI offense. The department shall31737
contract pursuant to section 9.06 of the Revised Code for the31738
private operation and management of the initial intensive program31739
prison established under this section and may contract pursuant to31740
that section for the private operation and management of any other31741
intensive program prison established under this section. The31742
intensive program prisons established under this section shall31743
include prisons that focus on educational achievement, vocational31744
training, alcohol and other drug abuse treatment, community31745
service and conservation work, and other intensive regimens or31746
combinations of intensive regimens.31747

       (C) Except as provided in division (D) of this section, the31748
department may place a prisoner who is sentenced to a mandatory31749
prison term for a third or fourth degree felony OMVIOVI offense31750
in an intensive program prison established pursuant to division31751
(B) of this section if the sentencing judge, upon notification by31752
the department of its intent to place the prisoner in an intensive31753
program prison, does not notify the department that the judge31754
disapproves the placement. If the stated prison term imposed on a31755
prisoner who is so placed is longer than the mandatory prison term31756
that is required to be imposed on the prisoner, the department may31757
reduce the stated prison term upon the prisoner's successful31758
completion of the prisoner's mandatory prison term in an intensive31759
program prison. A prisoner whose term has been so reduced shall31760
be required to serve an intermediate, transitional type of31761
detention followed by a release under post-release control31762
sanctions or, in the alternative, shall be placed under31763
post-release control sanctions, as described in division31764
(B)(2)(b)(ii) of section 5120.031 of the Revised Code. In either31765
case, the placement under post-release control sanctions shall be31766
under terms set by the parole board in accordance with section31767
2967.28 of the Revised Code and shall be subject to the provisions31768
of that section with respect to a violation of any post-release31769
control sanction. Upon the establishment of the initial intensive31770
program prison pursuant to division (B) of this section that is31771
privately operated and managed by a contractor pursuant to a31772
contract entered into under section 9.06 of the Revised Code, the31773
department shall comply with divisions (G)(2)(a) and (b) of31774
section 2929.13 of the Revised Code in placing prisoners in31775
intensive program prisons under this section.31776

       (D) A prisoner who is sentenced to a mandatory prison term31777
for a third or fourth degree felony OMVIOVI offense is not31778
eligible to participate in an intensive program prison established31779
under division (B) of this section if any of the following applies31780
regarding the prisoner:31781

       (1) In addition to the mandatory prison term for the third31782
or fourth degree felony OMVIOVI offense, the prisoner also is31783
serving a prison term of a type described in division (B)(2)(a),31784
(b), or (c) of section 5120.032 of the Revised Code.31785

       (2) The prisoner previously has been imprisoned for an31786
offense of a type described in division (B)(2)(a) or (c) of31787
section 5120.032 of the Revised Code or a comparable offense under31788
the law in effect prior to July 1, 1996.31789

       (E) Intensive program prisons established under division (B)31790
of this section are not subject to section 5120.032 of the Revised31791
Code.31792

       Sec. 5120.161.  (A) Except as provided in division (C) of31793
this section, the department of rehabilitation and correction may31794
enter into an agreement with any local authority operating a31795
county, multicounty, municipal, municipal-county, or31796
multicounty-municipal jail or workhouse, as described in section31797
307.93, 341.21, or 753.16 of the Revised Code, for the housing in31798
the jail or workhouse operated by the local authority of persons31799
who are convicted of or plead guilty to a felony of the fourth or31800
fifth degree if the person previously has not been convicted of or31801
pleaded guilty to a felony and if the felony is not an offense of31802
violence. The agreement shall specify a per diem fee that the31803
department shall pay the local authority for each such person31804
housed in the jail or workhouse pursuant to the agreement, shall31805
set forth any other terms and conditions for the housing of such31806
persons in the jail or workhouse, and shall indicate that the31807
department, subject to the relevant terms and conditions set31808
forth, may designate those persons to be housed at the jail or31809
workhouse.31810

       (B) A person designated by the department to be housed in a31811
county, multicounty, municipal, municipal-county, or31812
multicounty-municipal jail or workhouse that is the subject of an31813
agreement entered into under division (A) of this section shall be31814
conveyed by the department to that jail or workhouse and shall be31815
kept at the jail or workhouse until the person's term of31816
imprisonment expires, the person is pardoned, paroled, or placed31817
under a post-release control sanction, or the person is31818
transferred under the laws permitting the transfer of prisoners. 31819
The department shall pay the local authority that operates the31820
jail or workhouse the per diem fee specified in the agreement for31821
each such person housed in the jail or workhouse. Each such31822
person housed in the jail or workhouse shall be under the direct31823
supervision and control of the keeper, superintendent, or other31824
person in charge of the jail or workhouse, but shall be considered31825
for all other purposes to be within the custody of the department31826
of rehabilitation and correction. Section 2967.193 of the Revised31827
Code and all other provisions of the Revised Code that pertain to31828
persons within the custody of the department that would not by31829
their nature clearly be inapplicable apply to persons housed31830
pursuant to this section.31831

       (C) The department of rehabilitation and correction shall31832
not enter into an agreement pursuant to division (A) of this31833
section with any local authority unless the jail or workhouse31834
operated by the authority complies with the Minimum Standards for31835
Jails in Ohio.31836

       (D) A court that sentences a person for a felony may include31837
as the sentence or part of the sentence, in accordance with31838
division (A) of section 2929.16 of the Revised Code and regardless31839
of whether the jail or workhouse is the subject of an agreement31840
entered into under division (A) of this section, a sanction that31841
consists of a term of up to six months in a jail or workhouse or,31842
if the offense is a fourth degree felony OMVIOVI offense and the31843
offender is sentenced under division (G)(1) of section 2929.13 of31844
the Revised Code, a sanction that consists of a term of up to one31845
year in jail less the mandatory term of local incarceration of31846
sixty or one hundred twenty consecutive days imposed pursuant to31847
division (G)(1) of section 2929.13 of the Revised Code.31848

       (E) "Fourth degree felony OMVIOVI offense" and "mandatory31849
term of local incarceration" have the same meanings as in section31850
2929.01 of the Revised Code.31851

       Sec. 5503.22.  Driver's license examiners assigned to the31852
driver's license examination section shall conduct all31853
examinations for driver's licenses as required by sections 4507.0131854
to 4507.38, inclusive,4507.36 of the Revised Code, subject to the31855
regulations issued by the registrar of motor vehicles.31856

       Sec. 5743.99.  (A) Whoever violates section 5743.10,31857
5743.11, or 5743.12 or division (C) of section 5743.54 of the31858
Revised Code is guilty of a misdemeanor of the first degree. If31859
the offender has been previously convicted of an offense under31860
this division, violation is a felony of the fourth degree.31861

       (B) Whoever violates section 5743.111, 5743.112, 5743.13,31862
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a31863
felony of the fourth degree. If the offender has been previously31864
convicted of an offense under this division, violation is a felony31865
of the second degree.31866

       (C) Whoever violates section 5743.41 or 5743.42 of the31867
Revised Code is guilty of a misdemeanor of the fourth degree. If31868
the offender has been previously convicted of an offense under31869
this division, violation is a misdemeanor of the third degree.31870

       (D) Whoever violates section 5743.21 of the Revised Code is31871
guilty of a misdemeanor of the first degree. If the offender has31872
been previously convicted of an offense under this division,31873
violation is a felony of the fifth degree.31874

       (E) Whoever violates any provision of this chapter, or any31875
rule promulgated by the tax commissioner under authority of this31876
chapter, for the violation of which no penalty is provided31877
elsewhere, is guilty of a misdemeanor of the fourth degree.31878

       (F) In addition to any other penalty imposed upon a person31879
convicted of a violation of section 5743.112 or 5743.60 of the31880
Revised Code who was the operator of a motor vehicle used in the31881
violation, the registrar of motor vehiclescourt shall suspend any31882
for not less than thirty days or more than three years the31883
driver's or commercial driver's license issued to the offender.31884
The court shall send a copy of its suspension order and31885
determination to the registrar of motor vehicles, and the31886
registrar, pursuant to the order and determination of the trial31887
judge of any court of record as provided in section 4507.16 of the31888
Revised Code,shall impose a suspension of the same duration.31889

       Section 2.  That existing sections 9.981, 119.062, 733.40,31890
1547.11, 1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201,31891
1907.20, 2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52,31892
2903.04, 2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01,31893
2923.122, 2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,31894
2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31,31895
2925.32, 2925.36, 3123.55, 3123.58, 3123.59, 3123.613, 2925.37,31896
2925.38, 2929.01, 2929.13, 2929.14, 2929.15, 2929.16, 2929.17,31897
2929.18, 2929.19, 2929.23, 2929.41, 2935.03, 2935.27, 2937.221,31898
2937.222, 2937.46, 2937.99, 2951.02, 2953.31, 2953.36, 3123.55,31899
3123.58, 3123.59, 3123.613, 3327.10, 3793.02, 3793.10, 3937.31,31900
4301.99, 4501.01, 4501.022, 4501.17, 4501.19, 4501.25, 4503.033,31901
4503.05, 4503.061, 4503.066, 4503.10, 4503.102, 4503.11, 4503.12,31902
4503.182, 4503.19, 4503.21, 4503.231, 4503.233, 4503.234,31903
4503.236, 4503.28, 4503.30, 4503.301, 4503.32, 4503.34, 4503.39,31904
4503.44, 4503.46, 4503.47, 4503.471, 4505.101, 4505.102, 4505.11,31905
4505.111, 4505.15, 4505.17, 4505.18, 4505.181, 4505.19, 4505.20,31906
4505.21, 4505.99, 4506.01, 4506.02, 4506.03, 4506.04, 4506.05,31907
4506.06, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16,31908
4506.17, 4506.18, 4506.19, 4506.20, 4506.99, 4507.02, 4507.022,31909
4507.023, 4507.05, 4507.06, 4507.061, 4507.071, 4507.08, 4507.081,31910
4507.111, 4507.12, 4507.13, 4507.14, 4507.15, 4507.16, 4507.161,31911
4507.162, 4507.163, 4507.164, 4507.167, 4507.168, 4507.169,31912
4507.1610, 4507.1611, 4507.1613, 4507.17, 4507.19, 4507.20,31913
4507.21, 4507.25, 4507.26, 4507.27, 4507.28, 4507.29, 4507.30,31914
4507.31, 4507.321, 4507.33, 4507.34, 4507.35, 4507.36, 4507.361,31915
4507.38, 4507.45, 4507.50, 4507.52, 4507.54, 4507.55, 4507.60,31916
4507.61, 4507.62, 4507.63, 4507.99, 4508.03, 4508.04, 4508.06,31917
4509.02, 4509.101, 4509.17, 4509.24, 4509.291, 4509.33, 4509.34,31918
4509.35, 4509.37, 4509.40, 4509.42, 4509.45, 4509.74, 4509.77,31919
4509.78, 4509.79, 4509.80, 4509.81, 4511.01, 4511.03, 4511.051,31920
4511.11, 4511.12, 4511.132, 4511.16, 4511.17, 4511.18, 4511.19,31921
4511.191, 4511.192, 4511.193, 4511.195, 4511.196, 4511.20,31922
4511.201, 4511.202, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23,31923
4511.25, 4511.251, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30,31924
4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37,31925
4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431,31926
4511.432, 4511.44, 4511.441, 4511.45, 4511.451, 4511.452, 4511.46,31927
4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.51, 4511.511,31928
4511.521, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,31929
4511.59, 4511.60, 4511.61, 4511.62, 4511.63, 4511.64, 4511.66,31930
4511.661, 4511.68, 4511.681, 4511.69, 4511.70, 4511.701, 4511.71,31931
4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.74, 4511.75,31932
4511.751, 4511.76, 4511.761, 4511.762, 4511.763, 4511.764,31933
4511.77, 4511.771, 4511.772, 4511.78, 4511.79, 4511.81, 4511.82,31934
4511.84, 4511.85, 4511.95, 4511.951, 4511.99, 4513.02, 4513.021,31935
4513.022, 4513.03, 4513.04, 4513.05, 4513.06, 4513.07, 4513.071,31936
4513.09, 4513.10, 4513.11, 4513.111, 4513.12, 4513.13, 4513.14,31937
4513.15, 4513.16, 4513.17, 4513.171, 4513.18, 4513.182, 4513.19,31938
4513.20, 4513.201, 4513.202, 4513.21, 4513.22, 4513.23, 4513.24,31939
4513.241, 4513.242, 4513.25, 4513.26, 4513.261, 4513.262, 4513.27,31940
4513.28, 4513.29, 4513.30, 4513.31, 4513.32, 4513.34, 4513.36,31941
4513.361, 4513.51, 4513.60, 4513.64, 4513.65, 4513.99, 4517.02,31942
4517.03, 4517.19, 4517.20, 4517.21, 4517.22, 4517.23, 4517.24,31943
4517.25, 4517.26, 4517.27, 4517.40, 4517.41, 4517.42, 4517.43,31944
4517.44, 4517.45, 4517.64, 4517.99, 4519.02, 4519.05, 4519.06,31945
4519.20, 4519.22, 4519.40, 4519.41, 4519.44, 4519.45, 4519.52,31946
4519.66, 4519.67, 4549.01, 4549.02, 4549.021, 4549.03, 4549.042,31947
4549.08, 4549.10, 4549.11, 4549.12, 4549.18, 4549.42, 4549.43,31948
4549.44, 4549.45, 4549.451, 4549.46, 4549.62, 4551.04, 4561.11,31949
4561.12, 4561.14, 4561.15, 4561.22, 4561.24, 4561.31, 4561.99,31950
4563.09, 4563.10, 4563.20, 4582.06, 4582.31, 4582.59, 4583.01,31951
5120.032, 5120.033, 5120.161, 5503.22, and 5743.99 and sections31952
3123.611, 4503.235, 4503.99, 4507.012, 4507.021, 4507.165,31953
4507.166, 4507.18, 4508.99, 4509.105, 4509.31, 4509.32, 4509.99,31954
4511.83, 4511.991, 4519.99, 4549.99, 4551.99, 4563.99, 4582.99,31955
and 4583.99 of the Revised Code are hereby repealed. The existing31956
version of section 4513.263 of the Revised Code is the version31957
repealed by Section 3 of this act.31958

       Section 3.  Section 4513.263 of the Revised Code is repealed.31959

       Section 4. Section 4513.263 of the Revised Code, as repealed31960
and revived by this act, omits and therefore repeals substantive31961
amendments made to the section by Am. Sub. H.B. 350 of the 121st31962
General Assembly that were dependent upon Am. Sub. H.B. 350's31963
purpose. Am. Sub. H.B. 350 was held unconstitutional by the31964
Supreme Court of Ohio in State, ex rel. Ohio Academy of Trial31965
Lawyers, v. Sheward (1999), 86 Ohio St.3d 451. The revived31966
section retains nonsubstantive corrective amendments made by Am.31967
Sub. H.B. 350 that were independent of Am. Sub. H.B. 350's31968
purpose.31969

       Section 5.  The General Assembly hereby recommends to the31970
Supreme Court that it amend the Ohio Traffic Rules that have been31971
adopted under authority of section 2937.46 of the Revised Code to31972
provide procedures to govern felony violations of section 4511.1931973
of the Revised Code.31974

       Section 6.  Sections 1, 2, 3, and 4 of this act shall take31975
effect on January 1, 2003.31976

       Section 7.  Notwithstanding division (B) of section 1.58 of31977
the Revised Code, the provisions of the Revised Code amended,31978
revived and amended, or enacted in Sections 1, 2, and 3 of this31979
act shall apply only in relation to conduct and offenses committed31980
on or after January 1, 2003. Conduct and offenses committed prior31981
to January 1, 2003, shall be governed by the law in effect on the31982
date the conduct or offense was committed.31983

       Section 8. All items in this section are hereby appropriated31984
as designated out of any moneys in the state treasury to the31985
credit of the State Special Revenue Fund Group. For all31986
appropriations made in this act, those in the first column are for31987
fiscal year 2002 and those in the second column are for fiscal31988
year 2003. The appropriations made in this act are in addition to31989
any other appropriations made for the 2001-2003 biennium.31990

AGO ATTORNEY GENERAL
31991

State Special Revenue Fund Group31992

5N0 055-627 Traffic Law Training $ 211,000 $ 0 31993
TOTAL SSR State Special Revenue 31994
Fund Group $ 211,000 $ 0 31995
TOTAL ALL BUDGET FUND GROUPS $ 211,000 $ 0 31996

       TRAFFIC LAW TRAINING31997

       No later than 30 days after the effective date of this31998
section, the Director of Budget and Management shall transfer31999
$211,000 cash from the General Revenue Fund to the Traffic Law32000
Training Fund (Fund 5N0). The transferred cash shall be used by32001
the Attorney General for the purpose of developing, printing, and32002
distributing, in conjunction with the Ohio Department of Public32003
Safety and the Ohio Criminal Sentencing Commission, training32004
materials for the Ohio Department of Public Safety, law32005
enforcement, and other appropriate persons for the implementation32006
of this act.32007

       Within the limits set forth in this act, the Director of32008
Budget and Management shall establish accounts indicating the32009
source and amount of funds for each appropriation made in this32010
act, and shall determine the form and manner in which32011
appropriation accounts shall be maintained. Expenditures from32012
appropriations contained in this act shall be accounted for as32013
though made in the main appropriations act of the 124th General32014
Assembly.32015

       The appropriations made in this act are subject to all32016
provisions of the main appropriations act of the 124th General32017
Assembly.32018

       This section is not subject to the referendum. Therefore,32019
under Ohio Constitution, Article II, Section 1d and section 1.47132020
of the Revised Code, this section goes into immediate effect when32021
this act becomes law.32022

       Section 9.  Section 2923.01 of the Revised Code is presented32023
in this act as a composite of the section as amended by both Sub.32024
H.B. 125 and Am. Sub. S.B. 269 of the 121st General Assembly.32025
Section 2925.03 of the Revised Code is presented in this act as a32026
composite of the section as amended by both Am. H.B. 528 and Am.32027
Sub. S.B. 107 of the 123rd General Assembly. Section 2929.01 of32028
the Revised Code is presented in this act as a composite of the32029
section as amended by Am. Sub. H.B. 349, Am. Sub. S.B. 179, and32030
Am. Sub. S.B. 222 of the 123rd General Assembly. Section 2929.1332031
of the Revised Code is presented in this act as a composite of the32032
section as amended by Am. H.B. 528, Am. Sub. S.B. 22, Am. Sub.32033
S.B. 107, Am. S.B. 142, and Am. Sub. S.B. 222 of the 123rd General32034
Assembly. Sections 2929.15 and 2929.19 of the Revised Code are32035
presented in this act as a composite of the section as amended by32036
Am. Sub. H.B. 349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the32037
123rd General Assembly. Section 2929.17 of the Revised Code is32038
presented in this act as a composite of the section as amended by32039
Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub. S.B.32040
107 of the 123rd General Assembly. Section 2929.18 of the Revised32041
Code is presented in this act as a composite of the section as32042
amended by Am. H.B. 528, Am. Sub. S.B. 22, and Am. Sub. S.B. 10732043
of the 123rd General Assembly. Sections 2929.41 and 5120.032 of32044
the Revised Code are presented in this act as a composite of the32045
section as amended by both Am. Sub. S.B. 22 and Am. Sub. S.B. 10732046
of the 123rd General Assembly. Section 2937.222 of the Revised32047
Code is presented in this act as a composite of the section as32048
amended by both Am. Sub. H.B. 137 and Am. Sub. S.B. 22 of the32049
123rd General Assembly. Section 4503.12 of the Revised Code is32050
presented in this act as a composite of the section as amended by32051
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General32052
Assembly. Sections 4503.233 and 4507.164 of the Revised Code are32053
presented in this act as a composite of the sections as amended by32054
Am. H.B. 80, Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd32055
General Assembly. Section 4503.234 of the Revised Code is32056
presented in this act as a composite of the section as amended by32057
both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st General32058
Assembly. Section 4507.38 of the Revised Code, renumbered as32059
section 4510.41 of the Revised Code, is presented in this act as a32060
composite of the section as amended by both Am. Sub. H.B. 353 and32061
Am. Sub. H.B. 676 of the 121st General Assembly. Section 4511.19332062
of the Revised Code is presented in this act as a composite of the32063
section as amended by both Am. H.B. 80 and Am. Sub. S.B. 107 of32064
the 123rd General Assembly. Section 4513.99 of the Revised Code32065
is presented in this act as a composite of the section as amended32066
by both Am. Sub. H.B. 138 and Am. Sub. H.B. 600 of the 123rd32067
General Assembly. Sections 4582.06 and 4582.31 of the Revised32068
Code are presented in this act as a composite of the sections as32069
amended by both Sub. H.B. 19 and Am. S.B. 137 of the 123rd General32070
Assembly. The General Assembly, applying the principle stated in32071
division (B) of section 1.52 of the Revised Code that amendments32072
are to be harmonized if reasonably capable of simultaneous32073
operation, finds that the composites are the resulting versions of32074
the sections in effect prior to the effective date of the sections32075
as presented in this act.32076