As Reported by the House Criminal Justice Committee

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


SENATORS Oelslager, Mead

REPRESENTATIVES Womer Benjamin, Willamowski, Seitz, Latta

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, 3123.614, 3327.10, 3793.02, 3793.10,14
3937.31, 4301.99, 4501.01, 4501.022, 4501.17,15
4501.19, 4501.25, 4503.033, 4503.05, 4503.061,16
4503.066, 4503.10, 4503.102, 4503.11, 4503.12,17
4503.182, 4503.19, 4503.21, 4503.231, 4503.233,18
4503.234, 4503.236, 4503.28, 4503.30, 4503.301,19
4503.32, 4503.34, 4503.39, 4503.44, 4503.46,20
4503.47, 4503.471, 4505.101, 4505.102, 4505.11,21
4505.111, 4505.15, 4505.17, 4505.18, 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, 4513.263, 4513.27, 4513.28,69
4513.29, 4513.30, 4513.31, 4513.32, 4513.34,70
4513.36, 4513.361, 4513.51, 4513.60, 4513.64,71
4513.65, 4513.99, 4517.02, 4517.03, 4517.19,72
4517.20, 4517.21, 4517.22, 4517.23, 4517.24,73
4517.25, 4517.26, 4517.27, 4517.40, 4517.41,74
4517.42, 4517.43, 4517.44, 4517.45, 4517.64,75
4517.99, 4519.02, 4519.05, 4519.06, 4519.20,76
4519.22, 4519.40, 4519.41, 4519.44, 4519.45,77
4519.52, 4519.66, 4519.67, 4549.01, 4549.02,78
4549.021, 4549.03, 4549.042, 4549.08, 4549.10,79
4549.11, 4549.12, 4549.18, 4549.42, 4549.43,80
4549.44, 4549.45, 4549.451, 4549.46, 4549.62,81
4551.04, 4561.11, 4561.12, 4561.14, 4561.15,82
4561.22, 4561.24, 4561.31, 4561.99, 4563.09,83
4563.10, 4563.20, 4582.06, 4582.31, 4582.59,84
4583.01, 5120.032, 5120.033, 5120.161, 5503.22, and85
5743.99; to amend, for the purpose of adopting new86
section numbers as indicated in parentheses,87
sections 4507.022 (4510.038), 4507.061 (4510.32),88
4507.161 (4510.23), 4507.162 (4510.31), 4507.16389
(4510.33), 4507.167 (4510.34), 4507.168 (4510.22),90
4507.169 (4510.17), 4507.1610 (4510.06), 4507.161191
(4510.05), 4507.1613 (4510.07), 4507.25 (4501.34),92
4507.26 (4501.351), 4507.27 (4501.36), 4507.2893
(4501.37), 4507.29 (4501.38), 4507.33 (4511.203),94
4507.34 (4510.15), 4507.361 (4510.161), 4507.3895
(4510.41), 4507.54 (4510.52), 4507.55 (4510.53),96
4507.60 (4510.61), 4507.61 (4510.62), 4507.6297
(4510.63), 4507.63 (4510.64), 4511.95 (4510.71),98
and 4511.951 (4510.72); to enact sections 4508.091,99
4510.01, 4510.02, 4510.021, 4510.03, 4510.031,100
4510.032, 4510.034, 4510.035, 4510.036, 4510.037,101
4510.04, 4510.10, 4510.11, 4510.12, 4510.13,102
4510.14, 4510.16, 4510.21, 4510.311, 4510.43,103
4510.44, 4510.54, 4511.181, 4511.194, 4511.197, and104
4549.52; to repeal sections 3123.611, 4503.235,105
4503.99, 4507.012, 4507.021, 4507.165, 4507.166,106
4507.18, 4508.99, 4509.105, 4509.31, 4509.32,107
4509.99, 4511.83, 4511.991, 4519.99, 4549.99,108
4551.99, 4563.99, 4582.99, and 4583.99 of the109
Revised Code to adopt, effective January 1, 2003,110
the Ohio Criminal Sentencing Commission's Traffic111
Proposals, with modifications, and related changes112
in the traffic laws.113


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

       Section 1.  That sections 9.981, 119.062, 733.40, 1547.11,114
1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201, 1907.20,115
2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52, 2903.04,116
2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01, 2923.122,117
2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11,118
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32,119
2925.36, 2925.37, 2925.38, 2929.01, 2929.13, 2929.14, 2929.15,120
2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41, 2935.03,121
2935.27, 2937.221, 2937.222, 2937.46, 2937.99, 2951.02, 2953.31,122
2953.36, 3123.55, 3123.58, 3123.59, 3123.613, 3123.614, 3327.10,123
3793.02, 3793.10, 3937.31, 4301.99, 4501.01, 4501.022, 4501.17,124
4501.19, 4501.25, 4503.033, 4503.05, 4503.061, 4503.066, 4503.10,125
4503.102, 4503.11, 4503.12, 4503.182, 4503.19, 4503.21, 4503.231,126
4503.233, 4503.234, 4503.236, 4503.28, 4503.30, 4503.301, 4503.32,127
4503.34, 4503.39, 4503.44, 4503.46, 4503.47, 4503.471, 4505.101,128
4505.102, 4505.11, 4505.111, 4505.15, 4505.17, 4505.18, 4505.19,129
4505.20, 4505.21, 4505.99, 4506.01, 4506.02, 4506.03, 4506.04,130
4506.05, 4506.06, 4506.10, 4506.11, 4506.12, 4506.14, 4506.15,131
4506.16, 4506.17, 4506.18, 4506.19, 4506.20, 4506.99, 4507.02,132
4507.022, 4507.023, 4507.05, 4507.06, 4507.061, 4507.071, 4507.08,133
4507.081, 4507.111, 4507.12, 4507.13, 4507.14, 4507.15, 4507.16,134
4507.161, 4507.162, 4507.163, 4507.164, 4507.167, 4507.168,135
4507.169, 4507.1610, 4507.1611, 4507.1613, 4507.17, 4507.19,136
4507.20, 4507.21, 4507.25, 4507.27, 4507.28, 4507.29, 4507.30,137
4507.31, 4507.321, 4507.33, 4507.34, 4507.35, 4507.36, 4507.361,138
4507.38, 4507.45, 4507.50, 4507.52, 4507.54, 4507.55, 4507.61,139
4507.62, 4507.63, 4507.99, 4508.03, 4508.04, 4508.06, 4509.02,140
4509.101, 4509.17, 4509.24, 4509.291, 4509.33, 4509.34, 4509.35,141
4509.37, 4509.40, 4509.42, 4509.45, 4509.74, 4509.77, 4509.78,142
4509.79, 4509.80, 4509.81, 4511.01, 4511.03, 4511.051, 4511.11,143
4511.12, 4511.132, 4511.16, 4511.17, 4511.18, 4511.19, 4511.191,144
4511.192, 4511.193, 4511.195, 4511.196, 4511.20, 4511.201,145
4511.202, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25,146
4511.251, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,147
4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38,148
4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432,149
4511.44, 4511.441, 4511.45, 4511.451, 4511.452, 4511.46, 4511.47,150
4511.48, 4511.481, 4511.49, 4511.50, 4511.51, 4511.511, 4511.521,151
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,152
4511.60, 4511.61, 4511.62, 4511.63, 4511.64, 4511.66, 4511.661,153
4511.68, 4511.681, 4511.69, 4511.70, 4511.701, 4511.71, 4511.711,154
4511.712, 4511.713, 4511.72, 4511.73, 4511.74, 4511.75, 4511.751,155
4511.76, 4511.761, 4511.762, 4511.763, 4511.764, 4511.77,156
4511.771, 4511.772, 4511.78, 4511.79, 4511.81, 4511.82, 4511.84,157
4511.85, 4511.951, 4511.99, 4513.02, 4513.021, 4513.022, 4513.03,158
4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.10,159
4513.11, 4513.111, 4513.12, 4513.13, 4513.14, 4513.15, 4513.16,160
4513.17, 4513.171, 4513.18, 4513.182, 4513.19, 4513.20, 4513.201,161
4513.202, 4513.21, 4513.22, 4513.23, 4513.24, 4513.241, 4513.242,162
4513.25, 4513.26, 4513.261, 4513.262, 4513.263, 4513.27, 4513.28,163
4513.29, 4513.30, 4513.31, 4513.32, 4513.34, 4513.36, 4513.361,164
4513.51, 4513.60, 4513.64, 4513.65, 4513.99, 4517.02, 4517.03,165
4517.19, 4517.20, 4517.21, 4517.22, 4517.23, 4517.24, 4517.25,166
4517.26, 4517.27, 4517.40, 4517.41, 4517.42, 4517.43, 4517.44,167
4517.45, 4517.64, 4517.99, 4519.02, 4519.05, 4519.06, 4519.20,168
4519.22, 4519.40, 4519.41, 4519.44, 4519.45, 4519.52, 4519.66,169
4519.67, 4549.01, 4549.02, 4549.021, 4549.03, 4549.042, 4549.08,170
4549.10, 4549.11, 4549.12, 4549.18, 4549.42, 4549.43, 4549.44,171
4549.45, 4549.451, 4549.46, 4549.62, 4551.04, 4561.11, 4561.12,172
4561.14, 4561.15, 4561.22, 4561.24, 4561.31, 4561.99, 4563.09,173
4563.10, 4563.20, 4582.06, 4582.31, 4582.59, 4583.01, 5120.032,174
5120.033, 5120.161, 5503.22, and 5743.99 be amended; sections175
4507.022 (4510.038), 4507.061 (4510.32), 4507.161 (4510.23),176
4507.162 (4510.31), 4507.163 (4510.33), 4507.167 (4510.34),177
4507.168 (4510.22), 4507.169 (4510.17), 4507.1610 (4510.06),178
4507.1611 (4510.05), 4507.1613 (4510.07), 4507.25 (4501.34),179
4507.26 (4501.351), 4507.27 (4501.36), 4507.28 (4501.37), 4507.29180
(4501.38), 4507.33 (4511.203), 4507.34 (4510.15), 4507.361181
(4510.161), 4507.38 (4510.41), 4507.54 (4510.52), 4507.55182
(4510.53), 4507.60 (4510.61), 4507.61 (4510.62), 4507.62183
(4510.63), 4507.63 (4510.64), 4511.95 (4510.71), and 4511.951184
(4510.72) be amended for the purpose of adopting new section185
numbers as indicated in parentheses; and sections 4508.091,186
4510.01, 4510.02, 4510.021, 4510.03, 4510.031, 4510.032, 4510.034,187
4510.035, 4510.036, 4510.037, 4510.04, 4510.10, 4510.11, 4510.12,188
4510.13, 4510.14, 4510.16, 4510.21, 4510.311, 4510.43, 4510.44,189
4510.54, 4511.181, 4511.194, 4511.197, and 4549.52 of the Revised190
Code be enacted to read as follows:191

       Sec. 9.981.  (A) Sections 9.98 to 9.983 of the Revised Code192
are applicable to bonds:193

       (1) The payment of the debt service on which is to be194
provided for directly or indirectly by payments contracted to be195
made in the bond proceedings by the absolute obligors, being196
persons other than the issuer; and197

       (2) Which are authorized to be issued under sections 122.39198
to 122.62, Chapter 165., 902., 3377., 3706., division (D)(A)(4) of199
section 4582.06, division (H)(A)(8) of section 4582.31, section200
4582.48, or Chapter 6121. or 6123. of the Revised Code,201
notwithstanding other provisions therein.202

       (B) Sections 9.98 to 9.983 of the Revised Code are203
applicable to bonds issued under Chapters 140., 152., 154., 175.,204
and 349. of the Revised Code, and to any bonds authorized under205
laws which expressly make those sections applicable.206

       (C) Subject to division (A) of this section, the authority207
provided in sections 9.98 to 9.983 of the Revised Code is208
supplemental to and not in derogation of any similar authority209
provided by, derived from, or implied by, any law, the Ohio210
Constitution, or any charter, resolution, or ordinance, and no211
inference shall be drawn to negate the authority thereunder by212
reason of the express provisions of sections 9.98 to 9.983 of the213
Revised Code.214

       (D) Sections 9.98 to 9.983 of the Revised Code shall be215
liberally construed to permit flexibility in the arrangements216
therein provided to enhance the issuance of such bonds and provide217
for terms most beneficial and satisfactory to the persons which218
undertake to provide for their payment, security, and liquidity.219

       Sec. 119.062.  (A) Notwithstanding section 119.06 of the220
Revised Code, the registrar of motor vehicles is not required to221
hold any hearing in connection with an order revokingcanceling or222
suspending a motor vehicle driver's or commercial driver's license223
pursuant to section 4507.16, 4509.24, 4509.291, 4509.31, 4509.33,224
4509.37, 4509.39, 4509.42, 4509.66, 4511.191, or 4511.1962903.06,225
2903.08, 2907.24, 2921.331, 4549.02, 4549.021,or5743.99or any226
provision of Chapter 2925., 4509., 4510., or4511. of the Revised227
Code or in connection with an out-of-service order issued under228
Chapter 4506. of the Revised Code.229

       (B) Notwithstanding section 119.07 of the Revised Code, the230
registrar is not required to use registered mail, return receipt231
requested, in connection with an order revokingcanceling or232
suspending a motor vehicle driver's or commercial driver's233
license, or a notification to a person to surrender a certificate234
of registration and registration plates.235

       Sec. 733.40.  Except as otherwise provided in section236
4511.193 of the Revised Code, all fines, forfeitures, and costs in237
ordinance cases and all fees that are collected by the mayor, or238
whichthat in any manner come into histhe mayor's hands, or which239
that are due suchthe mayor or a marshal, chief of police, or240
other officer of the municipal corporation, any other fees and241
expenses whichthat have been advanced out of the treasury of the242
municipal corporation, and all money received by suchthe mayor243
for the use of suchthe municipal corporation, shall be paid by244
himthe mayor into suchthe treasury of the municipal corporation245
on the first Monday of each month. At the first regular meeting246
of the legislative authority each month, the mayor shall submit a247
full statement of all money received, from whom and for what248
purposes received, and when paid into the treasury. Except as249
otherwise provided by sections 3375.50 to 3375.52 or 4511.99250
4511.19 of the Revised Code, all fines, and forfeitures collected251
by the mayor in state cases, together with all fees and expenses252
collected whichthat have been advanced out of the county253
treasury, shall be paid by himthe mayor to the county treasury on254
the first business day of each month. Except as otherwise255
provided by sections 3375.50 to 3375.52 or 4511.994511.19 of the256
Revised Code, the mayor shall pay all court costs and fees257
collected by the mayor in state cases shall be paid by him into258
the municipal treasury on the first business day of each month.259

       This section does not apply to fines collected by a mayor's260
court for violations of division (B) of section 4513.263 of the261
Revised Code, or for violations of any municipal ordinance that is262
substantively comparable to that division, all of which shall be263
forwarded to the treasurer of state as provided in division (E) of264
section 4513.263 of the Revised Code.265

       Sec. 1547.11.  (A) No person shall operate or be in physical266
control of any vessel underway or shall manipulate any water skis,267
aquaplane, or similar device on the waters in this state if,at268
the time of the operation, control, or manipulation, any of the269
following applies:270

       (1) The person is under the influence of alcohol or, a drug271
of abuse, or the combined influence of alcohol and a drug of272
abuse;a combination of them.273

       (2) The person has a concentration of ten-hundredths of one274
per cent or more by weight of alcohol per unit volume in the275
person's whole blood;.276

       (3) The person has a concentration of twelve-hundredths of277
one per cent or more by weight per unit volume of alcohol in the278
person's blood serum or plasma.279

       (4) The person has a concentration of fourteen-hundredths of280
one gram or more by weight of alcohol per one hundred milliliters281
of the person's urine;.282

       (4)(5) The person has a concentration of ten-hundredths of283
one gram or more by weight of alcohol per two hundred ten liters284
of the person's breath.285

       (B) No person under twenty-one years of age shall operate or286
be in physical control of any vessel underway or shall manipulate287
any water skis, aquaplane, or similar device on the waters in this288
state if,at the time of the operation, control, or manipulation,289
any of the following applies:290

       (1) The person has a concentration of at least291
two-hundredths of one per cent, but less than ten-hundredths of292
one per cent by weight per unit volume of alcohol in the person's293
whole blood;.294

       (2) The person has a concentration of at least295
three-hundredths of one per cent but less than twelve-hundredths296
of one per cent by weight per unit volume of alcohol in the297
person's blood serum or plasma.298

       (3) The person has a concentration of at least twenty-eight299
one-thousandths of one gram, but less than fourteen-hundredths of300
one gram by weight of alcohol per one hundred milliliters of the301
person's urine;.302

       (3)(4) The person has a concentration of at least303
two-hundredths of one gram, but less than ten-hundredths of one304
gram by weight of alcohol per two hundred ten liters of the305
person's breath.306

       (C) In any proceeding arising out of one incident, a person307
may be charged with a violation of division (A)(1) and a violation308
of division (B)(1), (2), or (3),or(4) of this section, but the309
person shall not be convicted of more than one violation of those310
divisions.311

       (D)(1) In any criminal prosecution or juvenile court312
proceeding for a violation of this section or of an ordinance of313
any municipal corporation relating to operating a vessel or using314
any water skis, aquaplane, or similar device while under the315
influence of alcohol or a drug of abusefor an equivalent316
violation, the court may admit evidence on the concentration of317
alcohol or a drug,drugs of abuse,or a combination of them in the318
defendant's or child's whole blood, blood serum or plasma, urine,319
or breath at the time of the alleged violation as shown by320
chemical analysis of the defendant's blood, urine, or breath321
substance withdrawn, or specimen taken within two hours of the322
time of the alleged violation.323

       When a person submits to a blood test, only a physician, a324
registered nurse, or a qualified technician or, chemist,or325
phlebotomist shall withdraw blood for the purpose of determining326
itsthe alcohol or, drug of abuse,or alcohol and drug content of327
the whole blood, blood serum, or blood plasma. This limitation328
does not apply to the taking of breath or urine specimens. A329
physician, registered nurse, or qualified technician or chemist330
person authorized to withdraw blood under this division may refuse331
to withdraw blood for the purpose of determining its alcohol or332
drug of abuse contentunder this division if, in thethat person's333
opinion of the physician, nurse, or technician or chemist, the334
physical welfare of the persondefendant or child would be335
endangered by the withdrawing of blood.336

       The whole blood, blood serum or plasma, urine, or breath337
shall be analyzed in accordance with methods approved by the338
director of health by an individual possessing a valid permit339
issued by the director pursuant to section 3701.143 of the Revised340
Code.341

       If(2)In a criminal prosecution or juvenile court proceeding342
for a violation of division (A) of this section or for a violation343
of a prohibition that is substantially equivalent to division (A)344
of this section, if there was at the time the whole blood, blood345
serum or plasma, urine, or breath was taken a concentration of346
less than ten-hundredths of one per cent by weight of alcohol in347
the defendant's blood, less than fourteen-hundredths of one gram348
by weight of alcohol per one hundred milliters of the defendant's349
urine, or less than ten-hundredths of one gram by weight of350
alcohol per two hundred ten liters of the defendant's breaththe351
applicable concentration of alcohol specified for a violation of352
division (A)(2), (3), (4), or (5) of this section, that fact may353
be considered with other competent evidence in determining the354
guilt or innocence of the defendant or in making an adjudication355
for the child. This division does not limit or affect a criminal356
prosecution or juvenile court proceeding for a violation of357
division (B) of this section or for a violation of a prohibition358
that is substantially equivalent to that division.359

       (3) Upon the request of the person who was tested, the360
results of the chemical test shall be made available to the person361
or the person's attorney or agent immediately upon the completion362
of the test analysis.363

       The person tested may have a physician, a registered nurse,364
or a qualified technician or, chemist,or phlebotomist of the365
person's own choosing administer a chemical test or tests in366
addition to any administered at the direction of a law enforcement367
officer, and shall be so advised. The failure or inability to368
obtain an additional test by a person shall not preclude the369
admission of evidence relating to the test or tests taken at the370
direction of a law enforcement officer.371

       A(E)(1)Subject to division (E)(3) of this section, in any372
criminal prosecution or juvenile court proceeding for a violation373
of this section or for an equivalent violation, the court shall374
admit as prima-facie evidence a laboratory report from any375
forensic laboratory certified by the department of health that376
contains an analysis of the whole blood, blood serum or plasma,377
breath, urine, or other bodily substance tested and that contains378
all of the information specified in this division. The laboratory379
report shall contain all of the following:380

       (a) The signature, under oath, of any person who performed381
the analysis;382

       (b) Any findings as to the identity and quantity of alcohol,383
a drug of abuse, or a combination of them that was found;384

       (c) A copy of a notarized statement by the laboratory385
director or a designee of the director that contains the name of386
each certified analyst or test performer involved with the report,387
the analyst's or test performer's employment relationship with the388
laboratory that issued the report, and a notation that performing389
an analysis of the type involved is part of the analyst's or test390
performer's regular duties;391

       (d) An outline of the analyst's or test performer's392
education, training, and experience in performing the type of393
analysis involved and a certification that the laboratory394
satisfies appropriate quality control standards in general and, in395
this particular analysis, under rules of the department of health.396

       (2) Notwithstanding any other provision of law regarding the397
admission of evidence, a report of the type described in division398
(E)(1) of this section is not admissible against the defendant or399
child to whom it pertains in any proceeding, other than a400
preliminary hearing or a grand jury proceeding, unless the401
prosecutor has served a copy of the report on the defendant's or402
child's attorney or, if the defendant or child has no attorney, on403
the defendant or child.404

       (3) A report of the type described in division (E)(1) of405
this section shall not be prima-facie evidence of the contents,406
identity, or amount of any substance if, within seven days after407
the defendant or child to whom the report pertains or the408
defendant's or child's attorney receives a copy of the report, the409
defendant or child or the defendant's or child's attorney demands410
the testimony of the person who signed the report. The judge in411
the case may extend the seven-day time limit in the interest of412
justice.413

       (F) Except as otherwise provided in this division, any414
physician, registered nurse, or qualified technician or, chemist,415
or phlebotomist who withdraws blood from a person pursuant to this416
section, and a hospital, first-aid station, or clinic at which417
blood is withdrawn from a person pursuant to this section, is418
immune from criminal liability, and from civil liability that is419
based upon a claim of assault and battery or based upon any other420
claim that is not in the nature of a claim of malpractice, for any421
act performed in withdrawing blood from the person. The immunity422
provided in this division is not available to a person who423
withdraws blood if the person engages in willful or wanton424
misconduct.425

       (E) For the purposes of(G)As used in this section,426
"operateand section 1547.111 of the Revised Code:427

       (1) "Equivalent violation" means a violation of a municipal428
ordinance, law of another state, or law of the United States that429
is substantially equivalent to division (A) or (B) of this430
section.431

       (2) "Operate" means that a vessel is being used on the waters432
in this state when the vessel is not securely affixed to a dock or433
to shore or to any permanent structure to which the vessel has the434
right to affix or that a vessel is not anchored in a designated435
anchorage area or boat camping area that is established by the436
United States coast guard, this state, or a political subdivision437
and in which the vessel has the right to anchor.438

       Sec. 1547.111.  (A)(1) Any person who operates or is in439
physical control of a vessel or uses any water skis, aquaplane, or440
similar device upon any waters in this state shall be deemed to441
have given consent to a chemical test or tests of the person's442
blood, breath, or urine for the purpose of determining itsto443
determine the alcohol or, drug of abuse,or alcohol and drug of444
abuse content of the person's whole blood, blood serum or plasma,445
breath, or urine if arrested for the offense of operating or being446
in physical control of a vessel or usingmanipulating any water447
skis, aquaplane, or similar device in violation of section 1547.11448
of the Revised Code or a substantially equivalent municipal449
ordinance. The450

       (2)The test or tests under division (A) of this section451
shall be administered at the direction of a law enforcement452
officer having reasonable grounds to believe the person to have453
beenwas operating or in physical control of a vessel or using454
manipulating any water skis, aquaplane, or similar device in455
violation of section 1547.11 of the Revised Code or a456
substantially equivalent municipal ordinance. The law enforcement457
agency by which the officer is employed shall designate which of458
thetest or tests shall be administered.459

       (B) Any person who is dead,or unconscious, or who otherwise460
is in a condition rendering the person incapable of refusal shall461
be deemed not to have withdrawn consentconsented as provided by462
in division (A)(1) of this section, and the test or tests may be463
administered, subject to sections 313.12 to 313.16 of the Revised464
Code.465

       (C) Any person under arrest for the offense of operating a466
vessel or using any water skis, aquaplane, or similar device in467
violation ofviolating section 1547.11 of the Revised Code or a468
substantially equivalent municipal ordinance shall be advised of469
the consequences of refusing to submit to a chemical test or tests470
designated by the law enforcement agency as provided in division471
(A) of this section. The advice shall be in a written form472
prescribed by the chief of the division of watercraft and shall be473
read to the person. The form shall contain a statement that the474
form was shown to the person under arrest and read to the person475
in the presence ofby the arresting officer and either another law476
enforcement officer, a civilian law enforcement employee, or an477
employee of a hospital, first-aid station, or clinic, if any, to478
which the person has been taken for first-aid or medical479
treatment. The reading of the form shall be witnessed by one or480
more persons, and the witnesses shall certify to this fact by481
signing the form.482

       (D) If a law enforcement officer asks a person under arrest483
for the offense of operating a vessel or using any water skis,484
aquaplane, or similar device in violation ofviolating section485
1547.11 of the Revised Code refuses upon the request of a law486
enforcement officeror a substantially equivalent municipal487
ordinance to submit to a chemical test designated by the law488
enforcement agencyor tests as provided in division (A) of this489
section, after first having been advisedif the arresting officer490
advises the person of the consequences of the person's refusal as491
provided in division (C) of this section, and if the person492
refuses to submit, no chemical test shall be given, but the chief,493
upon.Upon receipt of a sworn statement of the law enforcement494
officer that the arresting law enforcement officer had reasonable495
grounds to believe the arrested person had been operating a vessel496
or using any water skis, aquaplane, or similar device while under497
the influence of alcohol or a drug of abuse, under the combined498
influence of alcohol and a drug of abuse, or with a prohibited499
concentration of alcohol in the person's blood, urine, or breath,500
violated section 1547.11 of the Revised Code or a substantially501
equivalent municipal ordinance and that the person refused to502
submit to the chemical test upon the request of the law503
enforcement officer, and upon receipt of the form as provided in504
division (C) of this section certifying that the arrested person505
was advised of the consequences of the refusal, the chief of the506
division of watercraft shall inform the person by written notice507
that the person is prohibited from operating or being in physical508
control of a vessel or,from using any water skis, aquaplane, or509
similar device, and is prohibited from registering any watercraft510
in accordance with section 1547.54 of the Revised Code, for one511
year following the date of the alleged violation of section512
1547.11 of the Revised Code. The suspension of these operation,513
physical control, use, and registration privileges shall continue514
for the entire one-year period, subject to review as provided in515
this section.516

       If the person under arrest is the owner of the vessel517
involved in the alleged violation, the law enforcement officer who518
arrested the person shall seize the watercraft registration519
certificate and tags from the vessel involved in the violation and520
forward them to the chief. The chief, in addition to informing521
the person by written notice that the person is prohibited from522
operating a vessel or using any water skis, aquaplane, or similar523
device, and from registering any watercraft in accordance with524
section 1547.54 of the Revised Code, for one year following the525
date of the alleged violation, shall retain the impounded526
registration certificate and tags, and shall impound all other527
registration certificates and tags issued to the person in528
accordance with sections 1547.54 and 1547.57 of the Revised Code,529
for a period of one year following the date of the alleged530
violation, subject to review as provided in this section.531

       If the arrested person fails to surrender the registration532
certificate because it is not on the person of the arrested person533
or in the watercraft, the law enforcement officer who made the534
arrest shall order the person to surrender it within twenty-four535
hours to the law enforcement officer or the law enforcement agency536
that employs the law enforcement officer. If the person fails to537
do so, the law enforcement officer shall notify the chief of that538
fact in the statement the officer submits to the chief under this539
division.540

       (E) Upon suspending a person's operation, physical control,541
use, and registration privileges in accordance with division (D)542
of this section, the chief shall notify the person in writing, at543
the person's last known address, and inform the person that the544
person may petition for a hearing in accordance with division (F)545
of this section. If a person whose operation, physical control,546
use, and registration privileges have been suspended petitions for547
a hearing or appeals any adverse decision that is adverse to the548
person, the suspension of privileges shall begin at the549
termination of any hearing or appeal unless the hearing or appeal550
resultedresults in a decision favorable to the person.551

       (F) Any person who has been notified by the chief that the552
person is prohibited from operating or being in physical control553
of a vessel or using any water skis, aquaplane, or similar device554
and from registering any watercraft in accordance with section555
1547.54 of the Revised Code, or who has had the registration556
certificate and tags of the person's watercraft impounded pursuant557
to division (D) of this section, within twenty days of the558
notification or impoundment, may file a petition in the municipal559
court or the county court, or if the person is a minor in juvenile560
court, in whosewith jurisdiction over the place at which the561
arrest occurred, agreeing to pay the cost of the proceedings and562
alleging error in the action taken by the chief under division (D)563
of this section or alleging one or more of the matters within the564
scope of the hearing as provided in this section, or both. The565
petitioner shall notify the chief of the filing of the petition566
and send the chief a copy of the petition.567

       The scope of the hearing is limited to the issues of whether568
the law enforcement officer had reasonable grounds to believe the569
petitioner was operating or in physical control of a vessel or570
usingmanipulating any water skis, aquaplane, or similar device571
while under the influence of alcohol or a drug of abuse, under the572
combined influence of alcohol and a drug of abuse, or with a573
prohibited concentration of alcohol or a drug of abuse in the574
person's blood, urine, or breathin violation of section 1547.11575
of the Revised Code or a substantially equivalent municipal576
ordinance, whether the petitioner was placed under arrest, whether577
the petitioner refused to submit to the chemical test upon request578
of the officer, and whether the petitioner was advised of the579
consequences of the petitioner's refusal.580

       (G)(1) The chief shall furnish the court a copy of the581
affidavit as provided in division (C) of this section and any582
other relevant information requested by the court.583

       (2) In hearing the matter and in determining whether the584
person has shown error in the decision taken by the chief as585
provided in division (D) of this section, the court shall decide586
the issue upon the relevant, competent, and material evidence587
submitted by the chief or the person whose operation, physical588
control, use, and registration privileges have been suspended.589

       In the proceedings, the chief shall be represented by the590
prosecuting attorney of the county in which the petition is filed591
if the petition is filed in a county court or juvenile court,592
except that if the arrest occurred within a city or village within593
the jurisdiction of the county court in which the petition is594
filed, the city director of law or village solicitor of that city595
or village shall represent the chief. If the petition is filed in596
the municipal court, the chief shall be represented as provided in597
section 1901.34 of the Revised Code.598

       (3) If the court finds from the evidence submitted that the599
person has failed to show error in the action taken by the chief600
under division (D) of this section or in one or more of the601
matters within the scope of the hearing as provided in division602
(F) of this section, or both, the court shall assess the cost of603
the proceeding against the person and shall uphold the suspension604
of the operation, physical control, use, and registration605
privileges provided in division (D) of this section. If the court606
finds that the person has shown error in the action taken by the607
chief under division (D) of this section or in one or more of the608
matters within the scope of the hearing as provided in division609
(F) of this section, or both, the cost of the proceedings shall be610
paid out of the county treasury of the county in which the611
proceedings were held, the chief shall reinstate the operation,612
physical control, use, and registration privileges of the person613
shall be reinstated without charge, and the chief shall return the614
registration certificate and tags, if impounded, shall be returned615
without charge.616

       (4) The court shall give information in writing of any617
action taken under this section to the chief.618

       (H) At the end of any period of suspension or impoundment619
imposed under this section, and upon request of the person whose620
operation, physical control, use, and registration privileges were621
suspended or whose registration certificate and tags were622
impounded, the chief shall reinstate the person's operation,623
physical control, use, and registration privileges by written624
notice and return the certificate and tags.625

       (I) No person who has received written notice from the chief626
that the person is prohibited from operating or being in physical627
control of a vessel or,from using any water skis, aquaplane, or628
similar device, and from registering a watercraft, or who has had629
the registration certificate and tags of the person's watercraft630
impounded, in accordance with division (D) of this section, shall631
operate or be in physical control of a vessel or use any water632
skis, aquaplane, or similar device for a period of one year633
following the date of the person's alleged violation of section634
1547.11 of the Revised Code or the substantially equivalent635
municipal ordinance.636

       Sec. 1547.99.  (A) Whoever violates section 1547.91 of the637
Revised Code is guilty of a felony of the fourth degree.638

       (B) Whoever violates section 1547.10, division (I) of639
section 1547.111, section 1547.13, or section 1547.66 of the640
Revised Code is guilty of a misdemeanor of the first degree.641

       (C) Whoever violates a provision of this chapter or a rule642
adopted thereunder, for which no penalty is otherwise provided, is643
guilty of a minor misdemeanor.644

       (D) Whoever violates section 1547.07 or 1547.12 of the645
Revised Code without causing injury to persons or damage to646
property is guilty of a misdemeanor of the fourth degree.647

       (E) Whoever violates section 1547.07 or 1547.12 of the648
Revised Code causing injury to persons or damage to property is649
guilty of a misdemeanor of the third degree.650

       (F) Whoever violates division (M) of section 1547.54,651
division (G) of section 1547.30, or section 1547.131, 1547.25,652
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92653
of the Revised Code or a rule adopted under division (A)(2) of654
section 1547.52 of the Revised Code is guilty of a misdemeanor of655
the fourth degree.656

       (G) Whoever violates section 1547.11 of the Revised Code is657
guilty of a misdemeanor of the first degree and shall be punished658
as provided in division (G)(1), (2), or (3) of this section.659

       (1) Except as otherwise provided in division (G)(2) or (3)660
of this section, the court shall sentence the offender to a term661
of imprisonment of three consecutive days and may sentence the662
offender pursuant to section 2929.21 of the Revised Code to a663
longer term of imprisonment. In addition, the court shall impose664
upon the offender a fine of not less than one hundred fifty nor665
more than one thousand dollars.666

       The court may suspend the execution of the mandatory three667
consecutive days of imprisonment that it is required to impose by668
division (G)(1) of this section if the court, in lieu of the669
suspended term of imprisonment, places the offender on probation670
and requires the offender to attend, for three consecutive days, a671
drivers' intervention program that is certified pursuant to672
section 3793.10 of the Revised Code. The court also may suspend673
the execution of any part of the mandatory three consecutive days674
of imprisonment that it is required to impose by division (G)(1)675
of this section if the court places the offender on probation for676
part of the three consecutive days; requires the offender to677
attend, for that part of the three consecutive days, a drivers'678
intervention program that is certified pursuant to section 3793.10679
of the Revised Code; and sentences the offender to a term of680
imprisonment equal to the remainder of the three consecutive days681
that the offender does not spend attending the drivers'682
intervention program. The court may require the offender, as a683
condition of probation, to attend and satisfactorily complete any684
treatment or education programs, in addition to the required685
attendance at a drivers' intervention program, that the operators686
of the drivers' intervention program determine that the offender687
should attend and to report periodically to the court on the688
offender's progress in the programs. The court also may impose689
any other conditions of probation on the offender that it690
considers necessary.691

       (2) If, within fivesix years of the offense, the offender692
has been convicted of or pleaded guilty to one violation of693
section 1547.11 of the Revised Code, of a municipal ordinance694
relating to operating a watercraft or manipulating any water skis,695
aquaplane, or similar device while under the influence of alcohol,696
a drug of abuse, or alcohol and a drug of abusea combination of697
them, of a municipal ordinance relating to operating a watercraft698
or manipulating any water skis, aquaplane, or similar device with699
a prohibited concentration of alcohol in the whole blood, blood700
serum or plasma, breath, or urine, of division (A)(1) of section701
2903.06 of the Revised Code, or of division (A)(2), (3), or (4) of702
section 2903.06 of the Revised Code or former section 2903.06 or703
2903.07 of the Revised Code as they existed prior to March 23,704
2000, in a case in which the jury or judge found that the offender705
was under the influence of alcohol, a drug of abuse, or alcohol706
and a drug of abusea combination of them, the court shall707
sentence the offender to a term of imprisonment of ten consecutive708
days and may sentence the offender pursuant to section 2929.21 of709
the Revised Code to a longer term of imprisonment. In addition,710
the court shall impose upon the offender a fine of not less than711
one hundred fifty nor more than one thousand dollars.712

       In addition to any other sentence that it imposes upon the713
offender, the court may require the offender to attend a drivers'714
intervention program that is certified pursuant to section 3793.10715
of the Revised Code.716

       (3) If, within fivesix years of the offense, the offender717
has been convicted of or pleaded guilty to more than one violation718
identified in division (G)(2) of this section, the court shall719
sentence the offender to a term of imprisonment of thirty720
consecutive days and may sentence the offender to a longer term of721
imprisonment of not more than one year. In addition, the court722
shall impose upon the offender a fine of not less than one hundred723
fifty nor more than one thousand dollars.724

       In addition to any other sentence that it imposes upon the725
offender, the court may require the offender to attend a drivers'726
intervention program that is certified pursuant to section 3793.10727
of the Revised Code.728

       (4) Upon a showing that imprisonment would seriously affect729
the ability of an offender sentenced pursuant to division (G)(1),730
(2), or (3) of this section to continue the offender's employment,731
the court may authorize that the offender be granted work release732
from imprisonment after the offender has served the three, ten, or733
thirty consecutive days of imprisonment that the court is required734
by division (G)(1), (2), or (3) of this section to impose. No735
court shall authorize work release from imprisonment during the736
three, ten, or thirty consecutive days of imprisonment that the737
court is required by division (G)(1), (2), or (3) of this section738
to impose. The duration of the work release shall not exceed the739
time necessary each day for the offender to commute to and from740
the place of employment and the place of imprisonment and the time741
actually spent under employment.742

       (5) Notwithstanding any section of the Revised Code that743
authorizes the suspension of the imposition or execution of a744
sentence or the placement of an offender in any treatment program745
in lieu of imprisonment, no court shall suspend the ten or thirty746
consecutive days of imprisonment required to be imposed by747
division (G)(2) or (3) of this section or place an offender who is748
sentenced pursuant to division (G)(2) or (3) of this section in749
any treatment program in lieu of imprisonment until after the750
offender has served the ten or thirty consecutive days of751
imprisonment required to be imposed pursuant to division (G)(2) or752
(3) of this section. Notwithstanding any section of the Revised753
Code that authorizes the suspension of the imposition or execution754
of a sentence or the placement of an offender in any treatment755
program in lieu of imprisonment, no court, except as specifically756
authorized by division (G)(1) of this section, shall suspend the757
three consecutive days of imprisonment required to be imposed by758
division (G)(1) of this section or place an offender who is759
sentenced pursuant to division (G)(1) of this section in any760
treatment program in lieu of imprisonment until after the offender761
has served the three consecutive days of imprisonment required to762
be imposed pursuant to division (G)(1) of this section.763

       (H) Whoever violates section 1547.304 of the Revised Code is764
guilty of a misdemeanor of the fourth degree and also shall be765
assessed any costs incurred by the state or a county, township,766
municipal corporation, or other political subdivision in disposing767
of an abandoned junk vessel or outboard motor, less any money768
accruing to the state, county, township, municipal corporation, or769
other political subdivision from that disposal.770

       (I) Whoever violates division (B) or (C) of section 1547.49771
of the Revised Code is guilty of a minor misdemeanor.772

       (J) Whoever violates section 1547.31 of the Revised Code is773
guilty of a misdemeanor of the fourth degree on a first offense.774
On each subsequent offense, the person is guilty of a misdemeanor775
of the third degree.776

       (K) Whoever violates section 1547.05 or 1547.051 of the777
Revised Code is guilty of a misdemeanor of the fourth degree if778
the violation is not related to a collision, injury to a person,779
or damage to property and a misdemeanor of the third degree if the780
violation is related to a collision, injury to a person, or damage781
to property.782

       (L) The sentencing court, in addition to the penalty783
provided under this section for a violation of this chapter or a784
rule adopted under it that involves a powercraft powered by more785
than ten horsepower and that, in the opinion of the court,786
involves a threat to the safety of persons or property, shall787
order the offender to complete successfully a boating course788
approved by the national association of state boating law789
administrators before the offender is allowed to operate a790
powercraft powered by more than ten horsepower on the waters in791
this state. Violation of a court order entered under this792
division is punishable as contempt under Chapter 2705. of the793
Revised Code.794

       Sec. 1901.024.  (A) The board of county commissioners of795
Hamilton county shall pay all of the costs of operation of the796
Hamilton county municipal court. Subject to sections 3375.50,797
3375.53, 4511.19, 4511.193, 4511.99, and 5503.04 of the Revised798
Code and to any other section of the Revised Code that requires a799
specific manner of disbursement of any moneys received by a800
municipal court, the county shall receive all of the costs, fees,801
and other moneys, except fines collected for violations of802
municipal ordinances and for violations of township resolutions803
adopted pursuant to Chapter 504. of the Revised Code, that are804
received by the Hamilton county municipal court and shall receive805
fifty per cent of all of the fines for violations of municipal806
ordinances and for violations of township resolutions adopted807
pursuant to Chapter 504. of the Revised Code that are received by808
the court.809

       (B) The board of county commissioners of Lawrence county810
shall pay all of the costs of operation of the Lawrence county811
municipal court. Subject to sections 3375.50, 3375.53, 4511.19,812
4511.193, 4511.99, and 5503.04 of the Revised Code and to any813
other section of the Revised Code that requires a specific manner814
of disbursement of any moneys received by a municipal court, the815
county shall receive all of the costs, fees, and other moneys,816
except fines collected for violations of municipal ordinances and817
for violations of township resolutions adopted pursuant to Chapter818
504. of the Revised Code, that are received by the Lawrence county819
municipal court and shall receive fifty per cent of all of the820
fines for violations of municipal ordinances and for violations of821
township resolutions adopted pursuant to Chapter 504. of the822
Revised Code that are received by the court.823

       (C) The board of county commissioners of Ottawa county shall824
pay all of the costs of operation of the Ottawa county municipal825
court. Subject to sections 3375.50, 3375.53, 4511.19, 4511.193,826
4511.99, and 5503.04 of the Revised Code and to any other section827
of the Revised Code that requires a specific manner of828
disbursement of any moneys received by a municipal court, the829
county shall receive all of the costs, fees, and other moneys,830
except fines collected for violations of municipal ordinances and831
for violations of township resolutions adopted pursuant to Chapter832
504. of the Revised Code, that are received by the Ottawa county833
municipal court and shall receive fifty per cent of all of the834
fines for violations of municipal ordinances and for violations of835
township resolutions adopted pursuant to Chapter 504. of the836
Revised Code that are received by the court.837

       (D) The board of county commissioners of a county in which a838
county-operated municipal court is located shall pay all of the839
costs of operation of the municipal court. The county in which a840
county-operated municipal court that is not subject to division841
(A), (B), or (C) of this section is located shall receive all of842
the costs, fees, and other moneys, except fines collected for843
violations of municipal ordinances and for violations of township844
resolutions adopted pursuant to Chapter 504. of the Revised Code845
and except as provided in sections 3375.50, 3375.53, and 5503.04846
of the Revised Code and in any other section of the Revised Code847
that requires a specific manner of disbursement of any moneys848
received by a municipal court, that are received by the court.849

       Sec. 1901.31.  The clerk and deputy clerks of a municipal850
court shall be selected, be compensated, give bond, and have851
powers and duties as follows:852

       (A) There shall be a clerk of the court who is appointed or853
elected as follows:854

       (1)(a) Except in the Akron, Barberton, Cuyahoga Falls,855
Medina, Toledo, Clermont county, Hamilton county, Portage county,856
and Wayne county municipal courts, if the population of the857
territory equals or exceeds one hundred thousand at the regular858
municipal election immediately preceding the expiration of the859
term of the present clerk, the clerk shall be nominated and860
elected by the qualified electors of the territory in the manner861
that is provided for the nomination and election of judges in862
section 1901.07 of the Revised Code.863

       The clerk so elected shall hold office for a term of six864
years, which term shall commence on the first day of January865
following the clerk's election and continue until the clerk's866
successor is elected and qualified.867

       (b) In the Hamilton county municipal court, the clerk of868
courts of Hamilton county shall be the clerk of the municipal869
court and may appoint an assistant clerk who shall receive the870
compensation, payable out of the treasury of Hamilton county in871
semimonthly installments, that the board of county commissioners872
prescribes. The clerk of courts of Hamilton county, acting as the873
clerk of the Hamilton county municipal court and assuming the874
duties of that office, shall receive compensation at one-fourth875
the rate that is prescribed for the clerks of courts of common876
pleas as determined in accordance with the population of the877
county and the rates set forth in sections 325.08 and 325.18 of878
the Revised Code. This compensation shall be paid from the county879
treasury in semimonthly installments and is in addition to the880
annual compensation that is received for the performance of the881
duties of the clerk of courts of Hamilton county, as provided in882
sections 325.08 and 325.18 of the Revised Code.883

       (c) In the Portage county and Wayne county municipal courts,884
the clerks of courts of Portage county and Wayne county shall be885
the clerks, respectively, of the Portage county and Wayne county886
municipal courts and may appoint a chief deputy clerk for each887
branch that is established pursuant to section 1901.311 of the888
Revised Code and assistant clerks as the judges of the municipal889
court determine are necessary, all of whom shall receive the890
compensation that the legislative authority prescribes. The891
clerks of courts of Portage county and Wayne county, acting as the892
clerks of the Portage county and Wayne county municipal courts and893
assuming the duties of these offices, shall receive compensation894
payable from the county treasury in semimonthly installments at895
one-fourth the rate that is prescribed for the clerks of courts of896
common pleas as determined in accordance with the population of897
the county and the rates set forth in sections 325.08 and 325.18898
of the Revised Code.899

       (d) Except as otherwise provided in division (A)(1)(d) of900
this section, in the Akron municipal court, candidates for901
election to the office of clerk of the court shall be nominated by902
primary election. The primary election shall be held on the day903
specified in the charter of the city of Akron for the nomination904
of municipal officers. Notwithstanding section 3513.257 of the905
Revised Code, the nominating petitions of independent candidates906
shall be signed by at least two hundred fifty qualified electors907
of the territory of the court.908

       The candidates shall file a declaration of candidacy and909
petition, or a nominating petition, whichever is applicable, not910
later than four p.m. of the seventy-fifth day before the day of911
the primary election, in the form prescribed by section 3513.07 or912
3513.261 of the Revised Code. The declaration of candidacy and913
petition, or the nominating petition, shall conform to the914
applicable requirements of section 3513.05 or 3513.257 of the915
Revised Code.916

       If no valid declaration of candidacy and petition is filed by917
any person for nomination as a candidate of a particular political918
party for election to the office of clerk of the Akron municipal919
court, a primary election shall not be held for the purpose of920
nominating a candidate of that party for election to that office.921
If only one person files a valid declaration of candidacy and922
petition for nomination as a candidate of a particular political923
party for election to that office, a primary election shall not be924
held for the purpose of nominating a candidate of that party for925
election to that office, and the candidate shall be issued a926
certificate of nomination in the manner set forth in section927
3513.02 of the Revised Code.928

       Declarations of candidacy and petitions, nominating929
petitions, and certificates of nomination for the office of clerk930
of the Akron municipal court shall contain a designation of the931
term for which the candidate seeks election. At the following932
regular municipal election, all candidates for the office shall be933
submitted to the qualified electors of the territory of the court934
in the manner that is provided in section 1901.07 of the Revised935
Code for the election of the judges of the court. The clerk so936
elected shall hold office for a term of six years, which term937
shall commence on the first day of January following the clerk's938
election and continue until the clerk's successor is elected and939
qualified.940

       (e) In the Clermont county municipal court, the clerk of941
courts of Clermont county shall be the clerk of the municipal942
court. The clerk of courts of Clermont county, acting as the943
clerk of the Clermont county municipal court and assuming the944
duties of that office, shall receive compensation at one-fourth945
the rate that is prescribed for the clerks of courts of common946
pleas as determined in accordance with the population of the947
county and the rates set forth in sections 325.08 and 325.18 of948
the Revised Code. This compensation shall be paid from the county949
treasury in semimonthly installments and is in addition to the950
annual compensation that is received for the performance of the951
duties of the clerk of courts of Clermont county, as provided in952
sections 325.08 and 325.18 of the Revised Code.953

       (f) Irrespective of the population of the territory of the954
Medina municipal court, the clerk of that court shall be appointed955
pursuant to division (A)(2)(a) of this section by the judges of956
that court, shall hold office until the clerk's successor is957
similarly appointed and qualified, and shall receive pursuant to958
division (C) of this section the annual compensation that the959
legislative authority prescribes and that is payable in960
semimonthly installments from the same sources and in the same961
manner as provided in section 1901.11 of the Revised Code.962

       (g) Except as otherwise provided in division (A)(1)(g) of963
this section, in the Barberton municipal court, candidates for964
election to the office of clerk of the court shall be nominated by965
primary election. The primary election shall be held on the day966
specified in the charter of the city of Barberton for the967
nomination of municipal officers. Notwithstanding section968
3513.257 of the Revised Code, the nominating petitions of969
independent candidates shall be signed by at least two hundred970
fifty qualified electors of the territory of the court.971

       The candidates shall file a declaration of candidacy and972
petition, or a nominating petition, whichever is applicable, not973
later than four p.m. of the seventy-fifth day before the day of974
the primary election, in the form prescribed by section 3513.07 or975
3513.261 of the Revised Code. The declaration of candidacy and976
petition, or the nominating petition, shall conform to the977
applicable requirements of section 3513.05 or 3513.257 of the978
Revised Code.979

       If no valid declaration of candidacy and petition is filed by980
any person for nomination as a candidate of a particular political981
party for election to the office of clerk of the Barberton982
municipal court, a primary election shall not be held for the983
purpose of nominating a candidate of that party for election to984
that office. If only one person files a valid declaration of985
candidacy and petition for nomination as a candidate of a986
particular political party for election to that office, a primary987
election shall not be held for the purpose of nominating a988
candidate of that party for election to that office, and the989
candidate shall be issued a certificate of nomination in the990
manner set forth in section 3513.02 of the Revised Code.991

       Declarations of candidacy and petitions, nominating992
petitions, and certificates of nomination for the office of clerk993
of the Barberton municipal court shall contain a designation of994
the term for which the candidate seeks election. At the following995
regular municipal election, all candidates for the office shall be996
submitted to the qualified electors of the territory of the court997
in the manner that is provided in section 1901.07 of the Revised998
Code for the election of the judges of the court. The clerk so999
elected shall hold office for a term of six years, which term1000
shall commence on the first day of January following the clerk's1001
election and continue until the clerk's successor is elected and1002
qualified.1003

       (h) Except as otherwise provided in division (A)(1)(h) of1004
this section, in the Cuyahoga Falls municipal court, candidates1005
for election to the office of clerk of the court shall be1006
nominated by primary election. The primary election shall be held1007
on the day specified in the charter of the city of Cuyahoga Falls1008
for the nomination of municipal officers. Notwithstanding section1009
3513.257 of the Revised Code, the nominating petitions of1010
independent candidates shall be signed by at least two hundred1011
fifty qualified electors of the territory of the court.1012

       The candidates shall file a declaration of candidacy and1013
petition, or a nominating petition, whichever is applicable, not1014
later than four p.m. of the seventy-fifth day before the day of1015
the primary election, in the form prescribed by section 3513.07 or1016
3513.261 of the Revised Code. The declaration of candidacy and1017
petition, or the nominating petition, shall conform to the1018
applicable requirements of section 3513.05 or 3513.257 of the1019
Revised Code.1020

       If no valid declaration of candidacy and petition is filed by1021
any person for nomination as a candidate of a particular political1022
party for election to the office of clerk of the Cuyahoga Falls1023
municipal court, a primary election shall not be held for the1024
purpose of nominating a candidate of that party for election to1025
that office. If only one person files a valid declaration of1026
candidacy and petition for nomination as a candidate of a1027
particular political party for election to that office, a primary1028
election shall not be held for the purpose of nominating a1029
candidate of that party for election to that office, and the1030
candidate shall be issued a certificate of nomination in the1031
manner set forth in section 3513.02 of the Revised Code.1032

       Declarations of candidacy and petitions, nominating1033
petitions, and certificates of nomination for the office of clerk1034
of the Cuyahoga Falls municipal court shall contain a designation1035
of the term for which the candidate seeks election. At the1036
following regular municipal election, all candidates for the1037
office shall be submitted to the qualified electors of the1038
territory of the court in the manner that is provided in section1039
1901.07 of the Revised Code for the election of the judges of the1040
court. The clerk so elected shall hold office for a term of six1041
years, which term shall commence on the first day of January1042
following the clerk's election and continue until the clerk's1043
successor is elected and qualified.1044

       (i) Except as otherwise provided in division (A)(1)(i) of1045
this section, in the Toledo municipal court, candidates for1046
election to the office of clerk of the court shall be nominated by1047
primary election. The primary election shall be held on the day1048
specified in the charter of the city of Toledo for the nomination1049
of municipal officers. Notwithstanding section 3513.257 of the1050
Revised Code, the nominating petitions of independent candidates1051
shall be signed by at least two hundred fifty qualified electors1052
of the territory of the court.1053

       The candidates shall file a declaration of candidacy and1054
petition, or a nominating petition, whichever is applicable, not1055
later than four p.m. of the seventy-fifth day before the day of1056
the primary election, in the form prescribed by section 3513.07 or1057
3513.261 of the Revised Code. The declaration of candidacy and1058
petition, or the nominating petition, shall conform to the1059
applicable requirements of section 3513.05 or 3513.257 of the1060
Revised Code.1061

       If no valid declaration of candidacy and petition is filed by1062
any person for nomination as a candidate of a particular political1063
party for election to the office of clerk of the Toledo municipal1064
court, a primary election shall not be held for the purpose of1065
nominating a candidate of that party for election to that office.1066
If only one person files a valid declaration of candidacy and1067
petition for nomination as a candidate of a particular political1068
party for election to that office, a primary election shall not be1069
held for the purpose of nominating a candidate of that party for1070
election to that office, and the candidate shall be issued a1071
certificate of nomination in the manner set forth in section1072
3513.02 of the Revised Code.1073

       Declarations of candidacy and petitions, nominating1074
petitions, and certificates of nomination for the office of clerk1075
of the Toledo municipal court shall contain a designation of the1076
term for which the candidate seeks election. At the following1077
regular municipal election, all candidates for the office shall be1078
submitted to the qualified electors of the territory of the court1079
in the manner that is provided in section 1901.07 of the Revised1080
Code for the election of the judges of the court. The clerk so1081
elected shall hold office for a term of six years, which term1082
shall commence on the first day of January following the clerk's1083
election and continue until the clerk's successor is elected and1084
qualified.1085

       (2)(a) Except for the Alliance, Auglaize county, Columbiana1086
county, Lorain, Massillon, and Youngstown municipal courts, in a1087
municipal court for which the population of the territory is less1088
than one hundred thousand and in the Medina municipal court, the1089
clerk shall be appointed by the court, and the clerk shall hold1090
office until the clerk's successor is appointed and qualified.1091

       (b) In the Alliance, Lorain, Massillon, and Youngstown1092
municipal courts, the clerk shall be elected for a term of office1093
as described in division (A)(1)(a) of this section.1094

       (c) In the Auglaize county municipal court, the clerk of1095
courts of Auglaize county shall be the clerk of the municipal1096
court and may appoint a chief deputy clerk for each branch that is1097
established pursuant to section 1901.311 of the Revised Code, and1098
assistant clerks as the judge of the court determines are1099
necessary, all of whom shall receive the compensation that the1100
legislative authority prescribes. The clerk of courts of Auglaize1101
county, acting as the clerk of the Auglaize county municipal court1102
and assuming the duties of that office, shall receive compensation1103
payable from the county treasury in semimonthly installments at1104
one-fourth the rate that is prescribed for the clerks of courts of1105
common pleas as determined in accordance with the population of1106
the county and the rates set forth in sections 325.08 and 325.181107
of the Revised Code.1108

       (d) In the Columbiana county municipal court, the clerk of1109
courts of Columbiana county shall be the clerk of the municipal1110
court, may appoint a chief deputy clerk for each branch office1111
that is established pursuant to section 1901.311 of the Revised1112
Code, and may appoint any assistant clerks that the judges of the1113
court determine are necessary. All of the chief deputy clerks and1114
assistant clerks shall receive the compensation that the1115
legislative authority prescribes. The clerk of courts of1116
Columbiana county, acting as the clerk of the Columbiana county1117
municipal court and assuming the duties of that office, shall1118
receive compensation payable from the county treasury in1119
semimonthly installments at one-fourth the rate that is prescribed1120
for the clerks of courts of common pleas as determined in1121
accordance with the population of the county and the rates set1122
forth in sections 325.08 and 325.18 of the Revised Code.1123

       (3) During the temporary absence of the clerk due to1124
illness, vacation, or other proper cause, the court may appoint a1125
temporary clerk, who shall be paid the same compensation, have the1126
same authority, and perform the same duties as the clerk.1127

       (B) Except in the Clermont county, Hamilton county, Medina,1128
Portage county, and Wayne county municipal courts, if a vacancy1129
occurs in the office of the clerk of the Alliance, Lorain,1130
Massillon, or Youngstown municipal court or occurs in the office1131
of the clerk of a municipal court for which the population of the1132
territory equals or exceeds one hundred thousand because the clerk1133
ceases to hold the office before the end of the clerk's term or1134
because a clerk-elect fails to take office, the vacancy shall be1135
filled, until a successor is elected and qualified, by a person1136
chosen by the residents of the territory of the court who are1137
members of the county central committee of the political party by1138
which the last occupant of that office or the clerk-elect was1139
nominated. Not less than five nor more than fifteen days after a1140
vacancy occurs, those members of that county central committee1141
shall meet to make an appointment to fill the vacancy. At least1142
four days before the date of the meeting, the chairperson or a1143
secretary of the county central committee shall notify each such1144
member of that county central committee by first class mail of the1145
date, time, and place of the meeting and its purpose. A majority1146
of all such members of that county central committee constitutes a1147
quorum, and a majority of the quorum is required to make the1148
appointment. If the office so vacated was occupied or was to be1149
occupied by a person not nominated at a primary election, or if1150
the appointment was not made by the committee members in1151
accordance with this division, the court shall make an appointment1152
to fill the vacancy. A successor shall be elected to fill the1153
office for the unexpired term at the first municipal election that1154
is held more than one hundred twenty days after the vacancy1155
occurred.1156

       (C)(1) In a municipal court, other than the Auglaize county,1157
the Columbiana county, and the Lorain municipal courts, for which1158
the population of the territory is less than one hundred thousand1159
and in the Medina municipal court, the clerk of the municipal1160
court shall receive the annual compensation that the presiding1161
judge of the court prescribes, if the revenue of the court for the1162
preceding calendar year, as certified by the auditor or chief1163
fiscal officer of the municipal corporation in which the court is1164
located or, in the case of a county-operated municipal court, the1165
county auditor, is equal to or greater than the expenditures,1166
including any debt charges, for the operation of the court payable1167
under this chapter from the city treasury or, in the case of a1168
county-operated municipal court, the county treasury for that1169
calendar year, as also certified by the auditor or chief fiscal1170
officer. If the revenue of a municipal court, other than the1171
Auglaize county, the Columbiana county, and the Lorain municipal1172
courts, for which the population of the territory is less than one1173
hundred thousand or the revenue of the Medina municipal court for1174
the preceding calendar year as so certified is not equal to or1175
greater than those expenditures for the operation of the court for1176
that calendar year as so certified, the clerk of a municipal court1177
shall receive the annual compensation that the legislative1178
authority prescribes. As used in this division, "revenue" means1179
the total of all costs and fees that are collected and paid to the1180
city treasury or, in a county-operated municipal court, the county1181
treasury by the clerk of the municipal court under division (F) of1182
this section and all interest received and paid to the city1183
treasury or, in a county-operated municipal court, the county1184
treasury in relation to the costs and fees under division (G) of1185
this section.1186

       (2) In a municipal court, other than the Clermont county,1187
Hamilton county, Medina, Portage county, and Wayne county1188
municipal courts, for which the population of the territory is one1189
hundred thousand or more, and in the Lorain municipal court, the1190
clerk of the municipal court shall receive annual compensation in1191
a sum equal to eighty-five per cent of the salary of a judge of1192
the court.1193

       (3) The compensation of a clerk described in division (C)(1)1194
or (2) of this section is payable in semimonthly installments from1195
the same sources and in the same manner as provided in section1196
1901.11 of the Revised Code.1197

       (D) Before entering upon the duties of the clerk's office,1198
the clerk of a municipal court shall give bond of not less than1199
six thousand dollars to be determined by the judges of the court,1200
conditioned upon the faithful performance of the clerk's duties.1201

       (E) The clerk of a municipal court may do all of the1202
following: administer oaths, take affidavits, and issue1203
executions upon any judgment rendered in the court, including a1204
judgment for unpaid costs; issue, sign, and attach the seal of the1205
court to all writs, process, subpoenas, and papers issuing out of1206
the court; and approve all bonds, sureties, recognizances, and1207
undertakings fixed by any judge of the court or by law. The clerk1208
may refuse to accept for filing any pleading or paper submitted1209
for filing by a person who has been found to be a vexatious1210
litigator under section 2323.52 of the Revised Code and who has1211
failed to obtain leave to proceed under that section. The clerk1212
shall do all of the following: file and safely keep all journals,1213
records, books, and papers belonging or appertaining to the court;1214
record the proceedings of the court; perform all other duties that1215
the judges of the court may prescribe; and keep a book showing all1216
receipts and disbursements, which book shall be open for public1217
inspection at all times.1218

       The clerk shall prepare and maintain a general index, a1219
docket, and other records that the court, by rule, requires, all1220
of which shall be the public records of the court. In the docket,1221
the clerk shall enter, at the time of the commencement of an1222
action, the names of the parties in full, the names of the1223
counsel, and the nature of the proceedings. Under proper dates,1224
the clerk shall note the filing of the complaint, issuing of1225
summons or other process, returns, and any subsequent pleadings.1226
The clerk also shall enter all reports, verdicts, orders,1227
judgments, and proceedings of the court, clearly specifying the1228
relief granted or orders made in each action. The court may order1229
an extended record of any of the above to be made and entered,1230
under the proper action heading, upon the docket at the request of1231
any party to the case, the expense of which record may be taxed as1232
costs in the case or may be required to be prepaid by the party1233
demanding the record, upon order of the court.1234

       (F) The clerk of a municipal court shall receive, collect,1235
and issue receipts for all costs, fees, fines, bail, and other1236
moneys payable to the office or to any officer of the court. The1237
clerk shall each month disburse to the proper persons or officers,1238
and take receipts for, all costs, fees, fines, bail, and other1239
moneys that the clerk collects. Subject to sections 3375.50 and1240
4511.193 of the Revised Code and to any other section of the1241
Revised Code that requires a specific manner of disbursement of1242
any moneys received by a municipal court and except for the1243
Hamilton county, Lawrence county, and Ottawa county municipal1244
courts, the clerk shall pay all fines received for violation of1245
municipal ordinances into the treasury of the municipal1246
corporation the ordinance of which was violated and shall pay all1247
fines received for violation of township resolutions adopted1248
pursuant to Chapter 504. of the Revised Code into the treasury of1249
the township the resolution of which was violated. Subject to1250
sections 1901.024 and 4511.193 of the Revised Code, in the1251
Hamilton county, Lawrence county, and Ottawa county municipal1252
courts, the clerk shall pay fifty per cent of the fines received1253
for violation of municipal ordinances and fifty per cent of the1254
fines received for violation of township resolutions adopted1255
pursuant to Chapter 504. of the Revised Code into the treasury of1256
the county. Subject to sections 3375.50, 3375.53, 4511.991257
4511.19, and 5503.04 of the Revised Code and to any other section1258
of the Revised Code that requires a specific manner of1259
disbursement of any moneys received by a municipal court, the1260
clerk shall pay all fines collected for the violation of state1261
laws into the county treasury. Except in a county-operated1262
municipal court, the clerk shall pay all costs and fees the1263
disbursement of which is not otherwise provided for in the Revised1264
Code into the city treasury. The clerk of a county-operated1265
municipal court shall pay the costs and fees the disbursement of1266
which is not otherwise provided for in the Revised Code into the1267
county treasury. Moneys deposited as security for costs shall be1268
retained pending the litigation. The clerk shall keep a separate1269
account of all receipts and disbursements in civil and criminal1270
cases, which shall be a permanent public record of the office. On1271
the expiration of the term of the clerk, the clerk shall deliver1272
the records to the clerk's successor. The clerk shall have other1273
powers and duties as are prescribed by rule or order of the court.1274

       (G) All moneys paid into a municipal court shall be noted on1275
the record of the case in which they are paid and shall be1276
deposited in a state or national bank, or a domestic savings and1277
loan association, as defined in section 1151.01 of the Revised1278
Code, that is selected by the clerk. Any interest received upon1279
the deposits shall be paid into the city treasury, except that, in1280
a county-operated municipal court, the interest shall be paid into1281
the treasury of the county in which the court is located.1282

       On the first Monday in January of each year, the clerk shall1283
make a list of the titles of all cases in the court that were1284
finally determined more than one year past in which there remains1285
unclaimed in the possession of the clerk any funds, or any part of1286
a deposit for security of costs not consumed by the costs in the1287
case. The clerk shall give notice of the moneys to the parties1288
who are entitled to the moneys or to their attorneys of record.1289
All the moneys remaining unclaimed on the first day of April of1290
each year shall be paid by the clerk to the city treasurer, except1291
that, in a county-operated municipal court, the moneys shall be1292
paid to the treasurer of the county in which the court is located.1293
The treasurer shall pay any part of the moneys at any time to the1294
person who has the right to the moneys upon proper certification1295
of the clerk.1296

       (H) Deputy clerks may be appointed by the clerk and shall1297
receive the compensation, payable in semimonthly installments out1298
of the city treasury, that the clerk may prescribe, except that1299
the compensation of any deputy clerk of a county-operated1300
municipal court shall be paid out of the treasury of the county in1301
which the court is located. Each deputy clerk shall take an oath1302
of office before entering upon the duties of the deputy clerk's1303
office and, when so qualified, may perform the duties appertaining1304
to the office of the clerk. The clerk may require any of the1305
deputy clerks to give bond of not less than three thousand1306
dollars, conditioned for the faithful performance of the deputy1307
clerk's duties.1308

       (I) For the purposes of this section, whenever the1309
population of the territory of a municipal court falls below one1310
hundred thousand but not below ninety thousand, and the population1311
of the territory prior to the most recent regular federal census1312
exceeded one hundred thousand, the legislative authority of the1313
municipal corporation may declare, by resolution, that the1314
territory shall be considered to have a population of at least one1315
hundred thousand.1316

       (J) The clerk or a deputy clerk shall be in attendance at1317
all sessions of the municipal court, although not necessarily in1318
the courtroom, and may administer oaths to witnesses and jurors1319
and receive verdicts.1320

       Sec. 1905.01.  (A) In all municipal corporations, other than1321
Batavia in Clermont county, not being the site of a municipal1322
court nor a place where a judge of the Auglaize county, Crawford1323
county, Jackson county, Miami county, Portage county, or Wayne1324
county municipal court sits as required pursuant to section1325
1901.021 of the Revised Code or by designation of the judges1326
pursuant to section 1901.021 of the Revised Code, the mayor of the1327
municipal corporation has jurisdiction, except as provided in1328
divisions (B), (C), and (E) of this section and subject to the1329
limitation contained in section 1905.03 and the limitation1330
contained in section 1905.031 of the Revised Code, to hear and1331
determine any prosecution for the violation of an ordinance of the1332
municipal corporation, to hear and determine any case involving a1333
violation of a vehicle parking or standing ordinance of the1334
municipal corporation unless the violation is required to be1335
handled by a parking violations bureau or joint parking violations1336
bureau pursuant to Chapter 4521. of the Revised Code, and to hear1337
and determine all criminal causes involving any moving traffic1338
violation occurring on a state highway located within the1339
boundaries of the municipal corporation, subject to the1340
limitations of sections 2937.08 and 2938.04 of the Revised Code.1341

       (B)(1) In all municipal corporations, other than Batavia in1342
Clermont county, not being the site of a municipal court nor a1343
place where a judge of a court listed in division (A) of this1344
section sits as required pursuant to section 1901.021 of the1345
Revised Code or by designation of the judges pursuant to section1346
1901.021 of the Revised Code, the mayor of the municipal1347
corporation has jurisdiction, subject to the limitation contained1348
in section 1905.03 of the Revised Code, to hear and determine1349
prosecutions involving a violation of an ordinance of the1350
municipal corporation relating to operating a vehicle while under1351
the influence of alcohol, a drug of abuse, or alcohol and a drug1352
of abusecombination of them or relating to operating a vehicle1353
with a prohibited concentration of alcohol in the whole blood,1354
blood serum or plasma, breath, or urine, and to hear and determine1355
criminal causes involving a violation of section 4511.19 of the1356
Revised Code that occur on a state highway located within the1357
boundaries of the municipal corporation, subject to the1358
limitations of sections 2937.08 and 2938.04 of the Revised Code,1359
only if the person charged with the violation, within six years of1360
the date of the violation charged, has not been convicted of or1361
pleaded guilty to any of the following:1362

       (a) A violation of an ordinance of any municipal corporation1363
relating to operating a vehicle while under the influence of1364
alcohol, a drug of abuse, or alcohol and a drug of abuse1365
combination of them or relating to operating a vehicle with a1366
prohibited concentration of alcohol in the whole blood, blood1367
serum or plasma, breath, or urine;1368

       (b) A violation of section 4511.19 of the Revised Code;1369

       (c) A violation of any ordinance of any municipal1370
corporation or of any section of the Revised Code that regulates1371
the operation of vehicles, streetcars, and trackless trolleys upon1372
the highways or streets, in relation to which all of the following1373
apply:1374

       (i) The person, in the case in which the conviction was1375
obtained or the plea of guilty was entered, had been charged with1376
a violation of an ordinance of any municipal corporation relating1377
to operating a vehicle while under the influence of alcohol, a1378
drug of abuse, or alcohol and a drug of abuse or relating to1379
operating a vehicle with a prohibited concentration of alcohol in1380
the blood, breath, or urinea type described in division (B)(1)(a)1381
of this section, or with a violation of section 4511.19 of the1382
Revised Code;1383

       (ii) The charge of the violation described in division1384
(B)(1)(c)(i) of this section was dismissed or reduced;1385

       (iii) The violation of which the person was convicted or to1386
which the person pleaded guilty arose out of the same facts and1387
circumstances and the same act as did the charge that was1388
dismissed or reduced.1389

       (d) A violation of a statute of the United States or of any1390
other state or a municipal ordinance of a municipal corporation1391
located in any other state that is substantially similar to1392
section 4511.19 of the Revised Code.1393

       (2) The mayor of a municipal corporation does not have1394
jurisdiction to hear and determine any prosecution or criminal1395
cause involving a violation described in division (B)(1)(a) or (b)1396
of this section, regardless of where the violation occurred, if1397
the person charged with the violation, within six years of the1398
violation charged, has been convicted of or pleaded guilty to any1399
violation listed in division (B)(1)(a), (b), (c), or (d) of this1400
section.1401

       If the mayor of a municipal corporation, in hearing a1402
prosecution involving a violation of an ordinance of the municipal1403
corporation the mayor serves relating to operating a vehicle while1404
under the influence of alcohol, a drug of abuse, or alcohol and a1405
drug of abusecombination of them or relating to operating a1406
vehicle with a prohibited concentration of alcohol in the whole1407
blood, blood serum or plasma, breath, or urine, or in hearing a1408
criminal cause involving a violation of section 4511.19 of the1409
Revised Code, determines that the person charged, within six years1410
of the violation charged, has been convicted of or pleaded guilty1411
to any violation listed in division (B)(1)(a), (b), (c), or (d) of1412
this section, the mayor immediately shall transfer the case to the1413
county court or municipal court with jurisdiction over the1414
violation charged, in accordance with section 1905.032 of the1415
Revised Code.1416

       (C)(1) In all municipal corporations, other than Batavia in1417
Clermont county, not being the site of a municipal court and not1418
being a place where a judge of a court listed in division (A) of1419
this section sits as required pursuant to section 1901.021 of the1420
Revised Code or by designation of the judges pursuant to section1421
1901.021 of the Revised Code, the mayor of the municipal1422
corporation, subject to sections 1901.031, 2937.08, and 2938.04 of1423
the Revised Code, has jurisdiction to hear and determine1424
prosecutions involving a violation of a municipal ordinance that1425
is substantially equivalent to division (B)(1) or (D)(2) of(A)of1426
section 4510.14 or section 4507.024510.16 of the Revised Code and1427
to hear and determine criminal causes that involve a moving1428
traffic violation, that involve a violation of division (B)(1) or1429
(D)(2) of(A)of section 4510.14 or section 4507.024510.16 of the1430
Revised Code, and that occur on a state highway located within the1431
boundaries of the municipal corporation only if all of the1432
following apply regarding the violation and the person charged:1433

       (a) Regarding a violation of division (B)(1) of section1434
4507.024510.16 of the Revised Code or a violation of a municipal1435
ordinance that is substantially equivalent to that division, the1436
person charged with the violation, within fivesix years of the1437
date of the violation charged, has not been convicted of or1438
pleaded guilty to any of the following:1439

       (i) A violation of division (B)(1) of section 4507.021440
4510.16 of the Revised Code;1441

       (ii) A violation of a municipal ordinance that is1442
substantially equivalent to division (B)(1) of section 4507.021443
4510.16 of the Revised Code;1444

       (iii) A violation of any municipal ordinance or section of1445
the Revised Code that regulates the operation of vehicles,1446
streetcars, and trackless trolleys upon the highways or streets,1447
in a case in which, after a charge against the person of a1448
violation of a type described in division (C)(1)(a)(i) or (ii) of1449
this section was dismissed or reduced, the person is convicted of1450
or pleads guilty to a violation that arose out of the same facts1451
and circumstances and the same act as did the charge that was1452
dismissed or reduced.1453

       (b) Regarding a violation of division (D)(2)(A) of section1454
4507.024510.14 of the Revised Code or a violation of a municipal1455
ordinance that is substantially equivalent to that division, the1456
person charged with the violation, within fivesix years of the1457
date of the violation charged, has not been convicted of or1458
pleaded guilty to any of the following:1459

       (i) A violation of division (D)(2)(A) of section 4507.021460
4510.14 of the Revised Code;1461

       (ii) A violation of a municipal ordinance that is1462
substantially equivalent to division (D)(2)(A) of section 4507.021463
4510.14 of the Revised Code;1464

       (iii) A violation of any municipal ordinance or section of1465
the Revised Code that regulates the operation of vehicles,1466
streetcars, and trackless trolleys upon the highways or streets in1467
a case in which, after a charge against the person of a violation1468
of a type described in division (C)(1)(b)(i) or (ii) of this1469
section was dismissed or reduced, the person is convicted of or1470
pleads guilty to a violation that arose out of the same facts and1471
circumstances and the same act as did the charge that was1472
dismissed or reduced.1473

       (2) The mayor of a municipal corporation does not have1474
jurisdiction to hear and determine any prosecution or criminal1475
cause involving a violation described in division (C)(1)(a)(i) or1476
(ii) of this section if the person charged with the violation,1477
within fivesix years of the violation charged, has been convicted1478
of or pleaded guilty to any violation listed in division1479
(C)(1)(a)(i), (ii), or (iii) of this section and does not have1480
jurisdiction to hear and determine any prosecution or criminal1481
cause involving a violation described in division (C)(1)(b)(i) or1482
(ii) of this section if the person charged with the violation,1483
within fivesix years of the violation charged, has been convicted1484
of or pleaded guilty to any violation listed in division1485
(C)(1)(b)(i), (ii), or (iii) of this section.1486

       (3) If the mayor of a municipal corporation, in hearing a1487
prosecution involving a violation of an ordinance of the municipal1488
corporation the mayor serves that is substantially equivalent to1489
division (B)(1) or (D)(2) of(A)of section 4510.14 or section1490
4507.024510.16 of the Revised Code or a violation of division1491
(B)(1) or (D)(2) of(A)of section 4510.14 or section 4507.021492
4510.16 of the Revised Code, determines that, under division1493
(C)(2) of this section, mayors do not have jurisdiction of the1494
prosecution, the mayor immediately shall transfer the case to the1495
county court or municipal court with jurisdiction over the1496
violation in accordance with section 1905.032 of the Revised Code.1497

       (D) If the mayor of a municipal corporation has jurisdiction1498
pursuant to division (B)(1) of this section to hear and determine1499
a prosecution or criminal cause involving a violation described in1500
division (B)(1)(a) or (b) of this section, the authority of the1501
mayor to hear or determine the prosecution or cause is subject to1502
the limitation contained in division (C) of section 1905.03 of the1503
Revised Code. If the mayor of a municipal corporation has1504
jurisdiction pursuant to division (A) or (C) of this section to1505
hear and determine a prosecution or criminal cause involving a1506
violation other than a violation described in division (B)(1)(a)1507
or (b) of this section, the authority of the mayor to hear or1508
determine the prosecution or cause is subject to the limitation1509
contained in division (C) of section 1905.031 of the Revised Code.1510

       (E)(1) The mayor of a municipal corporation does not have1511
jurisdiction to hear and determine any prosecution or criminal1512
cause involving any of the following:1513

       (a) A violation of section 2919.25 or 2919.27 of the Revised1514
Code;1515

       (b) A violation of section 2903.11, 2903.12, 2903.13,1516
2903.211, or 2911.211 of the Revised Code that involves a person1517
who was a family or household member of the defendant at the time1518
of the violation;1519

       (c) A violation of a municipal ordinance that is1520
substantially equivalent to an offense described in division1521
(E)(1)(a) or (b) of this section and that involves a person who1522
was a family or household member of the defendant at the time of1523
the violation.1524

       (2) The mayor of a municipal corporation does not have1525
jurisdiction to hear and determine a motion filed pursuant to1526
section 2919.26 of the Revised Code or filed pursuant to a1527
municipal ordinance that is substantially equivalent to that1528
section or to issue a protection order pursuant to that section or1529
a substantially equivalent municipal ordinance.1530

       (3) As used in this section, "family or household member"1531
has the same meaning as in section 2919.25 of the Revised Code.1532

       (F) In keeping a docket and files, the mayor, and a mayor's1533
court magistrate appointed under section 1905.05 of the Revised1534
Code, shall be governed by the laws pertaining to county courts.1535

       Sec. 1905.201.  The mayor of a municipal corporation that has1536
a mayor's court, and a mayor's court magistrate, are entitled to1537
suspend or revoke, and shall suspend or revoke, in accordance with1538
division (B) of section 4507.16sections 4510.02, 4510.07, and1539
4511.19 of the Revised Code, the driver's or commercial driver's1540
license or permit or nonresident operating privilege of any person1541
who is convicted of or pleads guilty to a violation of division1542
(A) of section 4511.19 of the Revised Code, of a municipal1543
ordinance relating to operating a vehicle while under the1544
influence of alcohol, a drug of abuse, or alcohol and a drug of1545
abusea combination of them, or of a municipal ordinance relating1546
to operating a vehicle with a prohibited concentration of alcohol1547
in the whole blood, blood serum or plasma, breath, or urine that1548
is substantially equivalent to division (A) of section 4511.19 of1549
the Revised Code. The mayor of a municipal corporation that has a1550
mayor's court, and a mayor's court magistrate, are entitled to1551
suspend, and shall suspend, in accordance with division (E) of1552
section 4507.16sections 4510.02, 4510.07, and 4511.19 of the1553
Revised Code, the driver's, or commercial driver's license or1554
permit or nonresident operating privilege of any person who is1555
convicted of or pleads guilty to a violation of division (B) of1556
section 4511.19 of the Revised Code or of a municipal ordinance1557
relating to operating a vehicle with a prohibited concentration of1558
alcohol in the whole blood, blood serum or plasma, breath, or1559
urine that is substantially equivalent to division (B) of section1560
4511.19 of the Revised Code.1561

       Suspension of a commercial driver's license under this1562
section shall be concurrent with any period of disqualification or1563
suspension under section 3123.6113123.58 or 4506.16 of the1564
Revised Code or period of suspension under section 3123.58 of the1565
Revised Code. No person who is disqualified for life from holding1566
a commercial driver's license under section 4506.16 of the Revised1567
Code shall be issued a driver's license under Chapter 4507. of the1568
Revised Code during the period for which the commercial driver's1569
license was suspended under this section, and no person whose1570
commercial driver's license is suspended under this section shall1571
be issued a driver's license under Chapter 4507. of the Revised1572
Code during the period of the suspension.1573

       Sec. 1907.20.  (A) The clerk of courts shall be the clerk of1574
the county court, except that the board of county commissioners,1575
with the concurrence of the county court judges, may appoint a1576
clerk for each county court judge, who shall serve at the pleasure1577
of the board and shall receive compensation as set by the board,1578
payable in semimonthly installments from the treasury of the1579
county. An appointed clerk, before entering upon the duties of1580
the office, shall give bond of not less than five thousand1581
dollars, as determined by the board of county commissioners,1582
conditioned upon the faithful performance of the clerk's duties.1583

       The clerks of courts of common pleas, when acting as the1584
clerks of county courts, and upon assuming their county court1585
duties, shall receive compensation at one-fourth the rate1586
prescribed for the clerks of courts of common pleas as determined1587
in accordance with the population of the county and the rates set1588
forth in sections 325.08 and 325.18 of the Revised Code. This1589
compensation shall be paid from the county treasury in semimonthly1590
installments and is in addition to the annual compensation1591
received for the performance of the duties of the clerk of a court1592
of common pleas as provided in sections 325.08 and 325.18 of the1593
Revised Code.1594

       (B) The clerk of a county court shall have general powers to1595
administer oaths, take affidavits, and issue executions upon any1596
judgment rendered in the county court, including a judgment for1597
unpaid costs, power to issue and sign all writs, process,1598
subpoenas, and papers issuing out of the court, and to attach the1599
seal of the court to them, and power to approve all bonds,1600
sureties, recognizances, and undertakings fixed by any judge of1601
the court or by law. The clerk shall file and safely keep all1602
journals, records, books, and papers belonging or appertaining to1603
the court, record its proceedings, perform all other duties that1604
the judges of the court may prescribe, and keep a book showing all1605
receipts and disbursements, which shall be open for public1606
inspection at all times. The clerk may refuse to accept for1607
filing any pleading or paper submitted for filing by a person who1608
has been found to be a vexatious litigator under section 2323.521609
of the Revised Code and who has failed to obtain leave to proceed1610
under that section.1611

       The clerk shall prepare and maintain a general index, a1612
docket as prescribed by the court, which shall be furnished by the1613
board of county commissioners, and such other records as the1614
court, by rule, requires, all of which shall be the public records1615
of the court. In the docket, the clerk shall enter at times of1616
the commencement of an action, the names of the parties in full,1617
the names of the counsel, and the nature of the proceedings. Under1618
proper dates, the clerk shall note the filing of the complaint,1619
issuing of summons or other process, returns, and pleadings1620
subsequent thereto. The clerk also shall enter all reports,1621
verdicts, orders, judgments, and proceedings of the court, clearly1622
specifying the relief granted or orders made in each action. The1623
court may order an extended record of any of the above to be made1624
and entered, under the proper action heading, upon the docket at1625
the request of any party to the case, the expense of which may be1626
taxed as costs in the case or may be required to be prepaid by the1627
party demanding the extended record, upon order of the court.1628

       (C) The clerk of a county court shall receive and collect1629
all costs, fees, fines, penalties, bail, and other moneys payable1630
to the office or to any officer of the court and issue receipts1631
therefor, and shall each month disburse the costs, fees, fines,1632
penalties, bail, and other moneys to the proper persons or1633
officers and take receipts therefor. Subject to sections 3375.51,1634
3375.53, 4511.19, 4511.193, and 4511.995503.04 of the Revised1635
Code and all other statutes that require a different distribution1636
of fines, fines received for violations of municipal ordinances1637
shall be paid into the treasury of the municipal corporation whose1638
ordinance was violated, fines received for violations of township1639
resolutions adopted pursuant to Chapter 504. of the Revised Code1640
shall be paid into the treasury of the township whose resolution1641
was violated, and fines collected for the violation of state laws1642
shall be paid into the county treasury. Moneys deposited as1643
security for costs shall be retained pending the litigation.1644

       The clerk shall keep a separate account of all receipts and1645
disbursements in civil and criminal cases. The separate account1646
shall be a permanent public record of the office. On the1647
expiration of a clerk's term, those records shall be delivered to1648
the clerk's successor.1649

       The clerk shall have such other powers and duties as are1650
prescribed by rule or order of the court.1651

       (D) All moneys paid into a county court shall be noted on1652
the record of the case in which they are paid and shall be1653
deposited in a state or national bank selected by the clerk. On1654
the first Monday in January of each year, the clerk shall make a1655
list of the titles of all cases in the county court that were1656
finally determined more than one year past in which there remains1657
unclaimed in the possession of the clerk any funds, or any part of1658
a deposit for security of costs not consumed by the costs in the1659
case. The clerk shall give notice of the moneys to the parties1660
entitled to them or to their attorneys of record. All the moneys1661
remaining unclaimed on the first day of April of each year shall1662
be paid by the clerk to the county treasurer. Any part of the1663
moneys shall be paid by the county treasurer at any time to the1664
person having the right to them, upon proper certification of the1665
clerk.1666

       (E)(1) In county court districts having appointed clerks,1667
deputy clerks may be appointed by the board of county1668
commissioners. Clerks and deputy clerks shall receive such1669
compensation payable in semimonthly installments out of the county1670
treasury as the board may prescribe. Each deputy clerk shall take1671
an oath of office before entering upon the duties of the deputy1672
clerk's office and, when so qualified, may perform the duties1673
appertaining to the office of the clerk. The clerk may require1674
any of the deputy clerks to give bond of not less than three1675
thousand dollars, conditioned for the faithful performance of the1676
deputy clerk's duties.1677

       (2) A clerk of courts acting as clerk of the county court1678
may appoint deputy clerks to perform the duties pertaining to the1679
office of clerk of the county court. Each deputy clerk shall take1680
an oath of office before entering upon the deputy clerk's duties,1681
and the clerk of courts may require the deputy clerk to give bond1682
of not less than three thousand dollars, conditioned for the1683
faithful performance of the deputy clerk's duties.1684

       (3) The clerk or a deputy clerk of a county court shall be1685
in attendance at all sessions of the court, although not1686
necessarily in the courtroom, and may administer oaths to1687
witnesses and jurors and receive verdicts.1688

       (F)(1) In county court districts having appointed clerks,1689
the board of county commissioners may order the establishment of1690
one or more branch offices of the clerk and, with the concurrence1691
of the county judges, may appoint a special deputy clerk to1692
administer each branch office. Each special deputy clerk shall1693
take an oath of office before entering upon the duties of the1694
deputy clerk's office and, when so qualified, may perform any one1695
or more of the duties appertaining to the office of clerk, as the1696
board prescribes. Special deputy clerks shall receive such1697
compensation payable in semimonthly installments out of the county1698
treasury as the board may prescribe. The board may require any of1699
the special deputy clerks to give bond of not less than three1700
thousand dollars, conditioned for the faithful performance of the1701
deputy clerk's duties.1702

       The board of county commissioners may authorize the clerk of1703
the county court to operate one or more branch offices, to divide1704
the clerk's time between the offices, and to perform duties1705
appertaining to the office of clerk in locations that the board1706
prescribes.1707

       (2) A clerk of courts acting as clerk of the county court1708
may establish one or more branch offices for the clerk's duties as1709
clerk of the county court and, with the concurrence of the county1710
court judges, may appoint a special deputy clerk to administer1711
each branch office. Each special deputy clerk shall take an oath1712
of office before entering upon the deputy clerk's duties and, when1713
so qualified, may perform any of the duties pertaining to the1714
office of clerk, as the clerk of courts prescribes. The clerk of1715
courts may require any of the special deputy clerks to give bond1716
of not less than three thousand dollars, conditioned for the1717
faithful performance of the deputy clerk's duties.1718

       (G) The clerk of courts of the county shall fix the1719
compensation of deputy clerks and special deputy clerks appointed1720
by the clerk pursuant to this section. Those personnel shall be1721
paid and be subject to the same requirements as other employees of1722
the clerk under the provisions of section 325.17 of the Revised1723
Code insofar as that section is applicable.1724

       Sec. 2151.354.  (A) If the child is adjudicated an unruly1725
child, the court may:1726

       (1) Make any of the dispositions authorized under section1727
2151.353 of the Revised Code;1728

       (2) Place the child on community control under any1729
sanctions, services, and conditions that the court prescribes, as1730
described in division (A)(3) of section 2152.19 of the Revised1731
Code, provided that, if the court imposes a period of community1732
service upon the child, the period of community service shall not1733
exceed one hundred seventy-five hours;1734

       (3) Suspend or revoke the driver's license, probationary1735
driver's license, or temporary instruction permit issued to the1736
child for a period of time prescribed by the court and suspend or1737
revoke the registration of all motor vehicles registered in the1738
name of the child for a period of time prescribed by the court. A1739
child whose license or permit is so suspended or revoked is1740
ineligible for issuance of a license or permit during the period1741
of suspension or revocation. At the end of the period of1742
suspension or revocation, the child shall not be reissued a1743
license or permit until the child has paid any applicable1744
reinstatement fee and complied with all requirements governing1745
license reinstatement.1746

       (4) Commit the child to the temporary or permanent custody1747
of the court;1748

       (5) Make any further disposition the court finds proper that1749
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the1750
Revised Code;1751

       (6) If, after making a disposition under division (A)(1),1752
(2), or (3) of this section, the court finds upon further hearing1753
that the child is not amenable to treatment or rehabilitation1754
under that disposition, make a disposition otherwise authorized1755
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of1756
the Revised Code that is consistent with sections 2151.312 and1757
2151.56 to 2151.61 of the Revised Code.1758

       (B) If a child is adjudicated an unruly child for committing1759
any act that, if committed by an adult, would be a drug abuse1760
offense, as defined in section 2925.01 of the Revised Code, or a1761
violation of division (B) of section 2917.11 of the Revised Code,1762
then, in addition to imposing, in its discretion, any other order1763
of disposition authorized by this section, the court shall do both1764
of the following:1765

       (1) Require the child to participate in a drug abuse or1766
alcohol abuse counseling program;1767

       (2) Suspend or revoke the temporary instruction permit,1768
probationary driver's license, or driver's license issued to the1769
child for a period of time prescribed by the court or, at the1770
discretion of the court, until. The court, in its discretion, may1771
terminate the suspension if the child attends and satisfactorily1772
completes a drug abuse or alcohol abuse education, intervention,1773
or treatment program specified by the court. During the time the1774
child is attending thea program as described in this division,1775
the court shall retain anythe child's temporary instruction1776
permit, probationary driver's license, or driver's license issued1777
to the child, and the court shall return the permit or license1778
when the child satisfactorily completes the programif it1779
terminates the suspension.1780

       (C)(1) If a child is adjudicated an unruly child for being1781
an habitual truant, in addition to or in lieu of imposing any1782
other order of disposition authorized by this section, the court1783
may do any of the following:1784

       (a) Order the board of education of the child's school1785
district or the governing board of the educational service center1786
in the child's school district to require the child to attend an1787
alternative school if an alternative school has been established1788
pursuant to section 3313.533 of the Revised Code in the school1789
district in which the child is entitled to attend school;1790

       (b) Require the child to participate in any academic program1791
or community service program;1792

       (c) Require the child to participate in a drug abuse or1793
alcohol abuse counseling program;1794

       (d) Require that the child receive appropriate medical or1795
psychological treatment or counseling;1796

       (e) Make any other order that the court finds proper to1797
address the child's habitual truancy, including an order requiring1798
the child to not be absent without legitimate excuse from the1799
public school the child is supposed to attend for five or more1800
consecutive days, seven or more school days in one school month,1801
or twelve or more school days in a school year and including an1802
order requiring the child to participate in a truancy prevention1803
mediation program.1804

       (2) If a child is adjudicated an unruly child for being an1805
habitual truant and the court determines that the parent,1806
guardian, or other person having care of the child has failed to1807
cause the child's attendance at school in violation of section1808
3321.38 of the Revised Code, in addition to any order of1809
disposition authorized by this section, all of the following1810
apply:1811

       (a) The court may require the parent, guardian, or other1812
person having care of the child to participate in any community1813
service program, preferably a community service program that1814
requires the involvement of the parent, guardian, or other person1815
having care of the child in the school attended by the child.1816

       (b) The court may require the parent, guardian, or other1817
person having care of the child to participate in a truancy1818
prevention mediation program.1819

       (c) The court shall warn the parent, guardian, or other1820
person having care of the child that any subsequent adjudication1821
of the child as an unruly or delinquent child for being an1822
habitual or chronic truant may result in a criminal charge against1823
the parent, guardian, or other person having care of the child for1824
a violation of division (C) of section 2919.21 or section 2919.241825
of the Revised Code.1826

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent1827
child, the court may make any of the following orders of1828
disposition, in addition to any other disposition authorized or1829
required by this chapter:1830

       (1) Any order that is authorized by section 2151.353 of the1831
Revised Code for the care and protection of an abused, neglected,1832
or dependent child;1833

       (2) Commit the child to the temporary custody of any school,1834
camp, institution, or other facility operated for the care of1835
delinquent children by the county, by a district organized under1836
section 2152.41 or 2151.65 of the Revised Code, or by a private1837
agency or organization, within or without the state, that is1838
authorized and qualified to provide the care, treatment, or1839
placement required;1840

       (3) Place the child on community control under any1841
sanctions, services, and conditions that the court prescribes. As1842
a condition of community control in every case and in addition to1843
any other condition that it imposes upon the child, the court1844
shall require the child to abide by the law during the period of1845
community control. As referred to in this division, community1846
control includes, but is not limited to, the following sanctions1847
and conditions:1848

       (a) A period of basic probation supervision in which the1849
child is required to maintain contact with a person appointed to1850
supervise the child in accordance with sanctions imposed by the1851
court;1852

       (b) A period of intensive probation supervision in which the1853
child is required to maintain frequent contact with a person1854
appointed by the court to supervise the child while the child is1855
seeking or maintaining employment and participating in training,1856
education, and treatment programs as the order of disposition;1857

       (c) A period of day reporting in which the child is required1858
each day to report to and leave a center or another approved1859
reporting location at specified times in order to participate in1860
work, education or training, treatment, and other approved1861
programs at the center or outside the center;1862

       (d) A period of community service of up to five hundred1863
hours for an act that would be a felony or a misdemeanor of the1864
first degree if committed by an adult, up to two hundred hours for1865
an act that would be a misdemeanor of the second, third, or fourth1866
degree if committed by an adult, or up to thirty hours for an act1867
that would be a minor misdemeanor if committed by an adult;1868

       (e) A requirement that the child obtain a high school1869
diploma, a certificate of high school equivalence, vocational1870
training, or employment;1871

       (f) A period of drug and alcohol use monitoring;1872

       (g) A requirement of alcohol or drug assessment or1873
counseling, or a period in an alcohol or drug treatment program1874
with a level of security for the child as determined necessary by1875
the court;1876

       (h) A period in which the court orders the child to observe1877
a curfew that may involve daytime or evening hours;1878

       (i) A requirement that the child serve monitored time;1879

       (j) A period of house arrest with or without electronic1880
monitoring;1881

       (k) A period of electronic monitoring without house arrest or1882
electronically monitored house arrest that does not exceed the1883
maximum sentence of imprisonment that could be imposed upon an1884
adult who commits the same act.1885

       A period of electronically monitored house arrest imposed1886
under this division shall not extend beyond the child's1887
twenty-first birthday. If a court imposes a period of1888
electronically monitored house arrest upon a child under this1889
division, it shall require the child: to wear, otherwise have1890
attached to the child's person, or otherwise be subject to1891
monitoring by a certified electronic monitoring device or to1892
participate in the operation of and monitoring by a certified1893
electronic monitoring system; to remain in the child's home or1894
other specified premises for the entire period of electronically1895
monitored house arrest except when the court permits the child to1896
leave those premises to go to school or to other specified1897
premises; to be monitored by a central system that can determine1898
the child's location at designated times; to report periodically1899
to a person designated by the court; and to enter into a written1900
contract with the court agreeing to comply with all requirements1901
imposed by the court, agreeing to pay any fee imposed by the court1902
for the costs of the electronically monitored house arrest, and1903
agreeing to waive the right to receive credit for any time served1904
on electronically monitored house arrest toward the period of any1905
other dispositional order imposed upon the child if the child1906
violates any of the requirements of the dispositional order of1907
electronically monitored house arrest. The court also may impose1908
other reasonable requirements upon the child.1909

       Unless ordered by the court, a child shall not receive credit1910
for any time served on electronically monitored house arrest1911
toward any other dispositional order imposed upon the child for1912
the act for which was imposed the dispositional order of1913
electronically monitored house arrest.1914

       (l) A suspension of the driver's license, probationary1915
driver's license, or temporary instruction permit issued to the1916
child for a period of time prescribed by the court, or a1917
suspension of the registration of all motor vehicles registered in1918
the name of the child for a period of time prescribed by the1919
court. A child whose license or permit is so suspended is1920
ineligible for issuance of a license or permit during the period1921
of suspension. At the end of the period of suspension, the child1922
shall not be reissued a license or permit until the child has paid1923
any applicable reinstatement fee and complied with all1924
requirements governing license reinstatement.1925

       (4) Commit the child to the custody of the court;1926

       (5) Require the child to not be absent without legitimate1927
excuse from the public school the child is supposed to attend for1928
five or more consecutive days, seven or more school days in one1929
school month, or twelve or more school days in a school year;1930

       (6)(a) If a child is adjudicated a delinquent child for1931
being a chronic truant or an habitual truant who previously has1932
been adjudicated an unruly child for being a habitual truant, do1933
either or both of the following:1934

       (i) Require the child to participate in a truancy prevention1935
mediation program;1936

       (ii) Make any order of disposition as authorized by this1937
section, except that the court shall not commit the child to a1938
facility described in division (A)(2) of this section unless the1939
court determines that the child violated a lawful court order made1940
pursuant to division (C)(1)(e) of section 2151.354 of the Revised1941
Code or division (A)(5) of this section.1942

       (b) If a child is adjudicated a delinquent child for being a1943
chronic truant or a habitual truant who previously has been1944
adjudicated an unruly child for being a habitual truant and the1945
court determines that the parent, guardian, or other person having1946
care of the child has failed to cause the child's attendance at1947
school in violation of section 3321.38 of the Revised Code, do1948
either or both of the following:1949

       (i) Require the parent, guardian, or other person having1950
care of the child to participate in a truancy prevention mediation1951
program;1952

       (ii) Require the parent, guardian, or other person having1953
care of the child to participate in any community service program,1954
preferably a community service program that requires the1955
involvement of the parent, guardian, or other person having care1956
of the child in the school attended by the child.1957

       (7) Make any further disposition that the court finds1958
proper, except that the child shall not be placed in any of the1959
following:1960

       (a) A state correctional institution, a county, multicounty,1961
or municipal jail or workhouse, or another place in which an adult1962
convicted of a crime, under arrest, or charged with a crime is1963
held;1964

       (b) A community corrections facility, if the child would be1965
covered by the definition of public safety beds for purposes of1966
sections 5139.41 to 5139.45 of the Revised Code if the court1967
exercised its authority to commit the child to the legal custody1968
of the department of youth services for institutionalization or1969
institutionalization in a secure facility pursuant to this1970
chapter.1971

       (B) If a child is adjudicated a delinquent child, in1972
addition to any order of disposition made under division (A) of1973
this section, the court, in the following situations and for the1974
specified periods of time, shall suspend the child's temporary1975
instruction permit, restricted license, probationary driver's1976
license, or nonresident operating privilege, or suspend the1977
child's ability to obtain such a permit:1978

       (1) TheIf the child is adjudicated a delinquent child for1979
violating section 2923.122 of the Revised Code, with the1980
suspension and denial beingimpose a class four suspension of the1981
child's license, permit, or privilege from the range specified in1982
division (A)(4) of section 4510.02 of the Revised Code or deny the1983
child the issuance of a license or permit in accordance with1984
division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of the1985
Revised Code.1986

       (2) TheIf the child is adjudicated a delinquent child for1987
committing an act that if committed by an adult would be a drug1988
abuse offense or for violating division (B) of section 2917.11 of1989
the Revised Code, withsuspend the child's license, permit, or1990
privilege for a period of time prescribed by the court. The court,1991
in its discretion, may terminate the suspension continuing until1992
if the child attends and satisfactorily completes a drug abuse or1993
alcohol abuse education, intervention, or treatment program1994
specified by the court. During the time the child is attending1995
thea program described in this division, the court shall retain1996
anythe child's temporary instruction permit, probationary1997
driver's license, or driver's license issued to the child, and the1998
court shall return the permit or license when the child1999
satisfactorily completes the programif it terminates the2000
suspension as described in this division.2001

       (C) The court may establish a victim-offender mediation2002
program in which victims and their offenders meet to discuss the2003
offense and suggest possible restitution. If the court obtains2004
the assent of the victim of the delinquent act committed by the2005
child, the court may require the child to participate in the2006
program.2007

       (D)(1) If a child is adjudicated a delinquent child for2008
committing an act that would be a felony if committed by an adult2009
and if the child caused, attempted to cause, threatened to cause,2010
or created a risk of physical harm to the victim of the act, the2011
court, prior to issuing an order of disposition under this2012
section, shall order the preparation of a victim impact statement2013
by the probation department of the county in which the victim of2014
the act resides, by the court's own probation department, or by a2015
victim assistance program that is operated by the state, a county,2016
a municipal corporation, or another governmental entity. The court2017
shall consider the victim impact statement in determining the2018
order of disposition to issue for the child.2019

       (2) Each victim impact statement shall identify the victim2020
of the act for which the child was adjudicated a delinquent child,2021
itemize any economic loss suffered by the victim as a result of2022
the act, identify any physical injury suffered by the victim as a2023
result of the act and the seriousness and permanence of the2024
injury, identify any change in the victim's personal welfare or2025
familial relationships as a result of the act and any2026
psychological impact experienced by the victim or the victim's2027
family as a result of the act, and contain any other information2028
related to the impact of the act upon the victim that the court2029
requires.2030

       (3) A victim impact statement shall be kept confidential and2031
is not a public record. However, the court may furnish copies of2032
the statement to the department of youth services if the2033
delinquent child is committed to the department or to both the2034
adjudicated delinquent child or the adjudicated delinquent child's2035
counsel and the prosecuting attorney. The copy of a victim impact2036
statement furnished by the court to the department pursuant to2037
this section shall be kept confidential and is not a public2038
record. If an officer is preparing pursuant to section 2947.06 or2039
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence2040
investigation report pertaining to a person, the court shall make2041
available to the officer, for use in preparing the report, a copy2042
of any victim impact statement regarding that person. The copies2043
of a victim impact statement that are made available to the2044
adjudicated delinquent child or the adjudicated delinquent child's2045
counsel and the prosecuting attorney pursuant to this division2046
shall be returned to the court by the person to whom they were2047
made available immediately following the imposition of an order of2048
disposition for the child under this chapter.2049

       The copy of a victim impact statement that is made available2050
pursuant to this division to an officer preparing a criminal2051
presentence investigation report shall be returned to the court by2052
the officer immediately following its use in preparing the report.2053

       (4) The department of youth services shall work with local2054
probation departments and victim assistance programs to develop a2055
standard victim impact statement.2056

       (E) If a child is adjudicated a delinquent child for being a2057
chronic truant or an habitual truant who previously has been2058
adjudicated an unruly child for being an habitual truant and the2059
court determines that the parent, guardian, or other person having2060
care of the child has failed to cause the child's attendance at2061
school in violation of section 3321.38 of the Revised Code, in2062
addition to any order of disposition it makes under this section,2063
the court shall warn the parent, guardian, or other person having2064
care of the child that any subsequent adjudication of the child as2065
an unruly or delinquent child for being an habitual or chronic2066
truant may result in a criminal charge against the parent,2067
guardian, or other person having care of the child for a violation2068
of division (C) of section 2919.21 or section 2919.24 of the2069
Revised Code.2070

       (F)(1) During the period of a delinquent child's community2071
control granted under this section, authorized probation officers2072
who are engaged within the scope of their supervisory duties or2073
responsibilities may search, with or without a warrant, the person2074
of the delinquent child, the place of residence of the delinquent2075
child, and a motor vehicle, another item of tangible or intangible2076
personal property, or other real property in which the delinquent2077
child has a right, title, or interest or for which the delinquent2078
child has the express or implied permission of a person with a2079
right, title, or interest to use, occupy, or possess if the2080
probation officers have reasonable grounds to believe that the2081
delinquent child is not abiding by the law or otherwise is not2082
complying with the conditions of the delinquent child's community2083
control. The court that places a delinquent child on community2084
control under this section shall provide the delinquent child with2085
a written notice that informs the delinquent child that authorized2086
probation officers who are engaged within the scope of their2087
supervisory duties or responsibilities may conduct those types of2088
searches during the period of community control if they have2089
reasonable grounds to believe that the delinquent child is not2090
abiding by the law or otherwise is not complying with the2091
conditions of the delinquent child's community control. The court2092
also shall provide the written notice described in division (E)(2)2093
of this section to each parent, guardian, or custodian of the2094
delinquent child who is described in that division.2095

       (2) The court that places a child on community control under2096
this section shall provide the child's parent, guardian, or other2097
custodian with a written notice that informs them that authorized2098
probation officers may conduct searches pursuant to division2099
(E)(1) of this section. The notice shall specifically state that2100
a permissible search might extend to a motor vehicle, another item2101
of tangible or intangible personal property, or a place of2102
residence or other real property in which a notified parent,2103
guardian, or custodian has a right, title, or interest and that2104
the parent, guardian, or custodian expressly or impliedly permits2105
the child to use, occupy, or possess.2106

       (G) If a juvenile court commits a delinquent child to the2107
custody of any person, organization, or entity pursuant to this2108
section and if the delinquent act for which the child is so2109
committed is a sexually oriented offense, the court in the order2110
of disposition shall do one of the following:2111

       (1) Require that the child be provided treatment as2112
described in division (A)(2) of section 5139.13 of the Revised2113
Code;2114

       (2) Inform the person, organization, or entity that it is2115
the preferred course of action in this state that the child be2116
provided treatment as described in division (A)(2) of section2117
5139.13 of the Revised Code and encourage the person,2118
organization, or entity to provide that treatment.2119

       Sec.  2152.21.  (A) Unless division (C) of this section2120
applies, if a child is adjudicated a juvenile traffic offender,2121
the court may make any of the following orders of disposition:2122

       (1) Impose costs and one or more financial sanctions in2123
accordance with section 2152.20 of the Revised Code;2124

       (2) Suspend the child's driver's license, probationary2125
driver's license, or temporary instruction permit for a definite2126
period not exceeding two years or suspend the registration of all2127
motor vehicles registered in the name of the child for a definite2128
period not exceeding two years. A child whose license or permit2129
is so suspended is ineligible for issuance of a license or permit2130
during the period of suspension. At the end of the period of2131
suspension, the child shall not be reissued a license or permit2132
until the child has paid any applicable reinstatement fee and2133
complied with all requirements governing license reinstatement.2134

       (3) Place the child on community control;2135

       (4) Require the child to make restitution for all damages2136
caused by the child's traffic violation;2137

       (5)(a) If the child is adjudicated a juvenile traffic2138
offender for committing a violation of division (A) of section2139
4511.19 of the Revised Code or of a municipal ordinance that is2140
substantially equivalent to that division, commit the child, for2141
not longer than five days, to either of the following:2142

       (i) To theThe temporary custody of a detention facility or2143
district detention facility established under section 2152.41 of2144
the Revised Code;2145

       (ii) To theThe temporary custody of any school, camp,2146
institution, or other facility for children operated in whole or2147
in part for the care of juvenile traffic offenders of that nature2148
by the county, by a district organized under section 2152.41 or2149
2151.65 of the Revised Code, or by a private agency or2150
organization within the state that is authorized and qualified to2151
provide the care, treatment, or placement required.2152

       (b) If an order of disposition committing a child to the2153
temporary custody of a home, school, camp, institution, or other2154
facility of that nature is made under division (A)(5)(a) of this2155
section, the length of the commitment shall not be reduced or2156
diminished as a credit for any time that the child was held in a2157
place of detention or shelter care, or otherwise was detained,2158
prior to entry of the order of disposition.2159

       (6) If, after making a disposition under divisions (A)(1) to2160
(5) of this section, the court finds upon further hearing that the2161
child has failed to comply with the orders of the court and the2162
child's operation of a motor vehicle constitutes the child a2163
danger to the child and to others, the court may make any2164
disposition authorized by divisions (A)(1), (3), (4), and (7) of2165
section 2152.19 of the Revised Code, except that the child may2166
not be committed to or placed in a secure correctional facility2167
unless authorized by division (A)(5) of this section, and2168
commitment to or placement in a detention facility may not exceed2169
twenty-four hours.2170

       (B) If a child is adjudicated a juvenile traffic offender2171
for violating division (A) or (B) of section 4511.19 of the2172
Revised Code, in addition to any order of disposition made under2173
division (A) of this section, the court shall suspendimpose a2174
class six suspension of the temporary instruction permit,2175
probationary driver's license, or driver's license issued to the2176
child for a definite period of at least three months but not more2177
than two years or, at the discretion of the court, untilfrom the2178
range specified in division (A)(6) of section 4510.02 of the2179
Revised Code. The court, in its discretion, may terminate the2180
suspension if the child attends and satisfactorily completes a2181
drug abuse or alcohol abuse education, intervention, or treatment2182
program specified by the court. During the time the child is2183
attending thea program as described in this division, the court2184
shall retain anythe child's temporary instruction permit,2185
probationary driver's license, or driver's license issued to the2186
child, and the court shall return the permit or license when the2187
child satisfactorily completes the programif it terminates the2188
suspension as described in this division.2189

       (C) If a child is adjudicated a juvenile traffic offender2190
for violating division (B)(1) or (2) of section 4513.263 of the2191
Revised Code, the court shall impose the appropriate fine set2192
forth in division (G) of that section 4513.99 of the Revised Code.2193
If a child is adjudicated a juvenile traffic offender for2194
violating division (B)(3) of section 4513.263 of the Revised Code2195
and if the child is sixteen years of age or older, the court shall2196
impose the fine set forth in division (G)(2) of that section2197
4513.99 of the Revised Code. If a child is adjudicated a juvenile2198
traffic offender for violating division (B)(3) of section 4513.2632199
of the Revised Code and if the child is under sixteen years of2200
age, the court shall not impose a fine but may place the child on2201
probation or community control.2202

       (D) A juvenile traffic offender is subject to sections2203
4509.01 to 4509.78 of the Revised Code.2204

       Sec. 2743.191.  (A) There is hereby created in the state2205
treasury the reparations fund, which shall be used only for the2206
payment of awards of reparations that are granted by the attorney2207
general, the compensation of any personnel needed by the attorney2208
general to administer sections 2743.51 to 2743.72 of the Revised2209
Code, the compensation of witnesses as provided in division (B) of2210
section 2743.65 of the Revised Code, other administrative costs of2211
hearing and determining claims for an award of reparations by the2212
attorney general, the costs of administering sections 2907.28 and2213
2969.01 to 2969.06 of the Revised Code, the costs of investigation2214
and decision-making as certified by the attorney general, the2215
provision of state financial assistance to victim assistance2216
programs in accordance with sections 109.91 and 109.92 of the2217
Revised Code, the costs of paying the expenses of sex2218
offense-related examinations and antibiotics pursuant to section2219
2907.28 of the Revised Code, the cost of printing and distributing2220
the pamphlet prepared by the attorney general pursuant to section2221
109.42 of the Revised Code, and, subject to division (D) of2222
section 2743.71 of the Revised Code, the costs associated with the2223
printing and providing of information cards or other printed2224
materials to law enforcement agencies and prosecuting authorities2225
and with publicizing the availability of awards of reparations2226
pursuant to section 2743.71 of the Revised Code. All costs paid2227
pursuant to section 2743.70 of the Revised Code, the portions of2228
license reinstatement fees mandated by division (L)(F)(2)(b) of2229
section 4511.191 of the Revised Code to be credited to the fund,2230
the portions of the proceeds of the sale of a forfeited vehicle2231
specified in division (D)(C)(2) of section 4503.234 of the Revised2232
Code, payments collected by the department of rehabilitation and2233
correction from prisoners who voluntarily participate in an2234
approved work and training program pursuant to division2235
(C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all2236
moneys collected by the state pursuant to its right of subrogation2237
provided in section 2743.72 of the Revised Code shall be deposited2238
in the fund.2239

       (B) In making an award of reparations, the attorney general2240
shall render the award against the state. The award shall be2241
accomplished only through the following procedure, and the2242
following procedure may be enforced by writ of mandamus directed2243
to the appropriate official:2244

       (1) The attorney general shall provide for payment of the2245
claimant or providers in the amount of the award.2246

       (2) The expense shall be charged against all available2247
unencumbered moneys in the fund.2248

       (3) If sufficient unencumbered moneys do not exist in the2249
fund, the attorney general shall make application for payment of2250
the award out of the emergency purposes account or any other2251
appropriation for emergencies or contingencies, and payment out of2252
this account or other appropriation shall be authorized if there2253
are sufficient moneys greater than the sum total of then pending2254
emergency purposes account requests or requests for releases from2255
the other appropriations.2256

       (4) If sufficient moneys do not exist in the account or any2257
other appropriation for emergencies or contingencies to pay the2258
award, the attorney general shall request the general assembly to2259
make an appropriation sufficient to pay the award, and no payment2260
shall be made until the appropriation has been made. The attorney2261
general shall make this appropriation request during the current2262
biennium and during each succeeding biennium until a sufficient2263
appropriation is made. If, prior to the time that an2264
appropriation is made by the general assembly pursuant to this2265
division, the fund has sufficient unencumbered funds to pay the2266
award or part of the award, the available funds shall be used to2267
pay the award or part of the award, and the appropriation request2268
shall be amended to request only sufficient funds to pay that part2269
of the award that is unpaid.2270

       (C) The attorney general shall not make payment on a2271
decision or order granting an award until all appeals have been2272
determined and all rights to appeal exhausted, except as otherwise2273
provided in this section. If any party to a claim for an award of2274
reparations appeals from only a portion of an award, and a2275
remaining portion provides for the payment of money by the state,2276
that part of the award calling for the payment of money by the2277
state and not a subject of the appeal shall be processed for2278
payment as described in this section.2279

       (D) The attorney general shall prepare itemized bills for2280
the costs of printing and distributing the pamphlet the attorney2281
general prepares pursuant to section 109.42 of the Revised Code.2282
The itemized bills shall set forth the name and address of the2283
persons owed the amounts set forth in them.2284

       Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the2285
Revised Code:2286

       (A) "Claimant" means both of the following categories of2287
persons:2288

       (1) Any of the following persons who claim an award of2289
reparations under sections 2743.51 to 2743.72 of the Revised Code:2290

       (a) A victim who was one of the following at the time of the2291
criminally injurious conduct:2292

       (i) A resident of the United States;2293

       (ii) A resident of a foreign country the laws of which2294
permit residents of this state to recover compensation as victims2295
of offenses committed in that country.2296

       (b) A dependent of a deceased victim who is described in2297
division (A)(1)(a) of this section;2298

       (c) A third person, other than a collateral source, who2299
legally assumes or voluntarily pays the obligations of a victim,2300
or of a dependent of a victim, who is described in division2301
(A)(1)(a) of this section, which obligations are incurred as a2302
result of the criminally injurious conduct that is the subject of2303
the claim and may include, but are not limited to, medical or2304
burial expenses;2305

       (d) A person who is authorized to act on behalf of any2306
person who is described in division (A)(1)(a), (b), or (c) of this2307
section.2308

       (2) Any of the following persons who claim an award of2309
reparations under sections 2743.51 to 2743.72 of the Revised Code:2310

       (a) A victim who had a permanent place of residence within2311
this state at the time of the criminally injurious conduct and2312
who, at the time of the criminally injurious conduct, complied2313
with any one of the following:2314

       (i) Had a permanent place of employment in this state;2315

       (ii) Was a member of the regular armed forces of the United2316
States or of the United States coast guard or was a full-time2317
member of the Ohio organized militia or of the United States army2318
reserve, naval reserve, or air force reserve;2319

       (iii) Was retired and receiving social security or any other2320
retirement income;2321

       (iv) Was sixty years of age or older;2322

       (v) Was temporarily in another state for the purpose of2323
receiving medical treatment;2324

       (vi) Was temporarily in another state for the purpose of2325
performing employment-related duties required by an employer2326
located within this state as an express condition of employment or2327
employee benefits;2328

       (vii) Was temporarily in another state for the purpose of2329
receiving occupational, vocational, or other job-related training2330
or instruction required by an employer located within this state2331
as an express condition of employment or employee benefits;2332

       (viii) Was a full-time student at an academic institution,2333
college, or university located in another state;2334

       (ix) Had not departed the geographical boundaries of this2335
state for a period exceeding thirty days or with the intention of2336
becoming a citizen of another state or establishing a permanent2337
place of residence in another state.2338

       (b) A dependent of a deceased victim who is described in2339
division (A)(2)(a) of this section;2340

       (c) A third person, other than a collateral source, who2341
legally assumes or voluntarily pays the obligations of a victim,2342
or of a dependent of a victim, who is described in division2343
(A)(2)(a) of this section, which obligations are incurred as a2344
result of the criminally injurious conduct that is the subject of2345
the claim and may include, but are not limited to, medical or2346
burial expenses;2347

       (d) A person who is authorized to act on behalf of any2348
person who is described in division (A)(2)(a), (b), or (c) of this2349
section.2350

       (B) "Collateral source" means a source of benefits or2351
advantages for economic loss otherwise reparable that the victim2352
or claimant has received, or that is readily available to the2353
victim or claimant, from any of the following sources:2354

       (1) The offender;2355

       (2) The government of the United States or any of its2356
agencies, a state or any of its political subdivisions, or an2357
instrumentality of two or more states, unless the law providing2358
for the benefits or advantages makes them excess or secondary to2359
benefits under sections 2743.51 to 2743.72 of the Revised Code;2360

       (3) Social security, medicare, and medicaid;2361

       (4) State-required, temporary, nonoccupational disability2362
insurance;2363

       (5) Workers' compensation;2364

       (6) Wage continuation programs of any employer;2365

       (7) Proceeds of a contract of insurance payable to the2366
victim for loss that the victim sustained because of the2367
criminally injurious conduct;2368

       (8) A contract providing prepaid hospital and other health2369
care services, or benefits for disability;2370

       (9) That portion of the proceeds of all contracts of2371
insurance payable to the claimant on account of the death of the2372
victim that exceeds fifty thousand dollars;2373

       (10) Any compensation recovered or recoverable under the2374
laws of another state, district, territory, or foreign country2375
because the victim was the victim of an offense committed in that2376
state, district, territory, or country.2377

       "Collateral source" does not include any money, or the2378
monetary value of any property, that is subject to sections2379
2969.01 to 2969.06 of the Revised Code.2380

       (C) "Criminally injurious conduct" means one of the2381
following:2382

       (1) For the purposes of any person described in division2383
(A)(1) of this section, any conduct that occurs or is attempted in2384
this state; poses a substantial threat of personal injury or2385
death; and is punishable by fine, imprisonment, or death, or would2386
be so punishable but for the fact that the person engaging in the2387
conduct lacked capacity to commit the crime under the laws of this2388
state. Criminally injurious conduct does not include conduct2389
arising out of the ownership, maintenance, or use of a motor2390
vehicle, except when any of the following applies:2391

       (a) The person engaging in the conduct intended to cause2392
personal injury or death;2393

       (b) The person engaging in the conduct was using the vehicle2394
to flee immediately after committing a felony or an act that would2395
constitute a felony but for the fact that the person engaging in2396
the conduct lacked the capacity to commit the felony under the2397
laws of this state;2398

       (c) The person engaging in the conduct was using the vehicle2399
in a manner that constitutes an OMVIOVI violation;2400

       (d) The conduct occurred on or after July 25, 1990, and the2401
person engaging in the conduct was using the vehicle in a manner2402
that constitutes a violation of section 2903.08 of the Revised2403
Code.2404

       (2) For the purposes of any person described in division2405
(A)(2) of this section, any conduct that occurs or is attempted in2406
another state, district, territory, or foreign country; poses a2407
substantial threat of personal injury or death; and is punishable2408
by fine, imprisonment, or death, or would be so punishable but for2409
the fact that the person engaging in the conduct lacked capacity2410
to commit the crime under the laws of the state, district,2411
territory, or foreign country in which the conduct occurred or was2412
attempted. Criminally injurious conduct does not include conduct2413
arising out of the ownership, maintenance, or use of a motor2414
vehicle, except when any of the following applies:2415

       (a) The person engaging in the conduct intended to cause2416
personal injury or death;2417

       (b) The person engaging in the conduct was using the vehicle2418
to flee immediately after committing a felony or an act that would2419
constitute a felony but for the fact that the person engaging in2420
the conduct lacked the capacity to commit the felony under the2421
laws of the state, district, territory, or foreign country in2422
which the conduct occurred or was attempted;2423

       (c) The person engaging in the conduct was using the vehicle2424
in a manner that constitutes an OMVIOVI violation;2425

       (d) The conduct occurred on or after July 25, 1990, the2426
person engaging in the conduct was using the vehicle in a manner2427
that constitutes a violation of any law of the state, district,2428
territory, or foreign country in which the conduct occurred, and2429
that law is substantially similar to a violation of section2430
2903.08 of the Revised Code.2431

       (3) For the purposes of any person described in division2432
(A)(1) or (2) of this section, terrorism that occurs within or2433
outside the territorial jurisdiction of the United States.2434

       (D) "Dependent" means an individual wholly or partially2435
dependent upon the victim for care and support, and includes a2436
child of the victim born after the victim's death.2437

       (E) "Economic loss" means economic detriment consisting only2438
of allowable expense, work loss, funeral expense, unemployment2439
benefits loss, replacement services loss, cost of crime scene2440
cleanup, and cost of evidence replacement. If criminally2441
injurious conduct causes death, economic loss includes a2442
dependent's economic loss and a dependent's replacement services2443
loss. Noneconomic detriment is not economic loss; however,2444
economic loss may be caused by pain and suffering or physical2445
impairment.2446

       (F)(1) "Allowable expense" means reasonable charges incurred2447
for reasonably needed products, services, and accommodations,2448
including those for medical care, rehabilitation, rehabilitative2449
occupational training, and other remedial treatment and care and2450
including replacement costs for eyeglasses and other corrective2451
lenses. It does not include that portion of a charge for a room2452
in a hospital, clinic, convalescent home, nursing home, or any2453
other institution engaged in providing nursing care and related2454
services in excess of a reasonable and customary charge for2455
semiprivate accommodations, unless accommodations other than2456
semiprivate accommodations are medically required.2457

       (2) An immediate family member of a victim of criminally2458
injurious conduct that consists of a homicide, a sexual assault,2459
domestic violence, or a severe and permanent incapacitating injury2460
resulting in paraplegia or a similar life-altering condition, who2461
requires psychiatric care or counseling as a result of the2462
criminally injurious conduct, may be reimbursed for that care or2463
counseling as an allowable expense through the victim's2464
application. The cumulative allowable expense for care or2465
counseling of that nature for each family member of a victim of2466
that type shall not exceed two thousand five hundred dollars.2467

       (G) "Work loss" means loss of income from work that the2468
injured person would have performed if the person had not been2469
injured and expenses reasonably incurred by the person to obtain2470
services in lieu of those the person would have performed for2471
income, reduced by any income from substitute work actually2472
performed by the person, or by income the person would have earned2473
in available appropriate substitute work that the person was2474
capable of performing but unreasonably failed to undertake.2475

       (H) "Replacement services loss" means expenses reasonably2476
incurred in obtaining ordinary and necessary services in lieu of2477
those the injured person would have performed, not for income, but2478
for the benefit of the person's self or family, if the person had2479
not been injured.2480

       (I) "Dependent's economic loss" means loss after a victim's2481
death of contributions of things of economic value to the victim's2482
dependents, not including services they would have received from2483
the victim if the victim had not suffered the fatal injury, less2484
expenses of the dependents avoided by reason of the victim's2485
death. If a minor child of a victim is adopted after the victim's2486
death, the minor child continues after the adoption to incur a2487
dependent's economic loss as a result of the victim's death. If2488
the surviving spouse of a victim remarries, the surviving spouse2489
continues after the remarriage to incur a dependent's economic2490
loss as a result of the victim's death.2491

       (J) "Dependent's replacement services loss" means loss2492
reasonably incurred by dependents after a victim's death in2493
obtaining ordinary and necessary services in lieu of those the2494
victim would have performed for their benefit if the victim had2495
not suffered the fatal injury, less expenses of the dependents2496
avoided by reason of the victim's death and not subtracted in2497
calculating the dependent's economic loss. If a minor child of a2498
victim is adopted after the victim's death, the minor child2499
continues after the adoption to incur a dependent's replacement2500
services loss as a result of the victim's death. If the surviving2501
spouse of a victim remarries, the surviving spouse continues after2502
the remarriage to incur a dependent's replacement services loss as2503
a result of the victim's death.2504

       (K) "Noneconomic detriment" means pain, suffering,2505
inconvenience, physical impairment, or other nonpecuniary damage.2506

       (L) "Victim" means a person who suffers personal injury or2507
death as a result of any of the following:2508

       (1) Criminally injurious conduct;2509

       (2) The good faith effort of any person to prevent2510
criminally injurious conduct;2511

       (3) The good faith effort of any person to apprehend a2512
person suspected of engaging in criminally injurious conduct.2513

       (M) "Contributory misconduct" means any conduct of the2514
claimant or of the victim through whom the claimant claims an2515
award of reparations that is unlawful or intentionally tortious2516
and that, without regard to the conduct's proximity in time or2517
space to the criminally injurious conduct, has a causal2518
relationship to the criminally injurious conduct that is the basis2519
of the claim.2520

       (N) "Funeral expense" means any reasonable charges that are2521
not in excess of five thousand dollars per funeral and that are2522
incurred for expenses directly related to a victim's funeral,2523
cremation, or burial.2524

       (O) "Unemployment benefits loss" means a loss of unemployment2525
benefits pursuant to Chapter 4141. of the Revised Code when the2526
loss arises solely from the inability of a victim to meet the able2527
to work, available for suitable work, or the actively seeking2528
suitable work requirements of division (A)(4)(a) of section2529
4141.29 of the Revised Code.2530

       (P) "OMVIOVI violation" means any of the following:2531

       (1) A violation of section 4511.19 of the Revised Code, of2532
any municipal ordinance prohibiting the operation of a vehicle2533
while under the influence of alcohol, a drug of abuse, or alcohol2534
and a drug of abusecombination of them, or of any municipal2535
ordinance prohibiting the operation of a vehicle with a prohibited2536
concentration of alcohol in the whole blood, blood serum or2537
plasma, breath, or urine;2538

       (2) A violation of division (A)(1) of section 2903.06 of the2539
Revised Code;2540

       (3) A violation of division (A)(2), (3), or (4) of section2541
2903.06 of the Revised Code or of a municipal ordinance2542
substantially similar to any of those divisions, if the offender2543
was under the influence of alcohol, a drug of abuse, or alcohol2544
and a drug of abusecombination of them, at the time of the2545
commission of the offense;2546

       (4) For purposes of any person described in division (A)(2)2547
of this section, a violation of any law of the state, district,2548
territory, or foreign country in which the criminally injurious2549
conduct occurred, if that law is substantially similar to a2550
violation described in division (P)(1) or (2) of this section or2551
if that law is substantially similar to a violation described in2552
division (P)(3) of this section and the offender was under the2553
influence of alcohol, a drug of abuse, or alcohol and a drug of2554
abusecombination of them, at the time of the commission of the2555
offense.2556

       (Q) "Pendency of the claim" for an original reparations2557
application or supplemental reparations application means the2558
period of time from the date the criminally injurious conduct upon2559
which the application is based occurred until the date a final2560
decision, order, or judgment concerning that original reparations2561
application or supplemental reparations application is issued.2562

       (R) "Terrorism" means any activity to which all of the2563
following apply:2564

       (1) The activity involves a violent act or an act that is2565
dangerous to human life.2566

       (2) The act described in division (R)(1) of this section is2567
committed within the territorial jurisdiction of the United States2568
and is a violation of the criminal laws of the United States, this2569
state, or any other state or the act described in division (R)(1)2570
of this section is committed outside the territorial jurisdiction2571
of the United States and would be a violation of the criminal laws2572
of the United States, this state, or any other state if committed2573
within the territorial jurisdiction of the United States.2574

       (3) The activity appears to be intended to do any of the2575
following:2576

       (a) Intimidate or coerce a civilian population;2577

       (b) Influence the policy of any government by intimidation2578
or coercion;2579

       (c) Affect the conduct of any government by assassination or2580
kidnapping.2581

       (4) The activity occurs primarily outside the territorial2582
jurisdiction of the United States or transcends the national2583
boundaries of the United States in terms of the means by which the2584
activity is accomplished, the person or persons that the activity2585
appears intended to intimidate or coerce, or the area or locale in2586
which the perpetrator or perpetrators of the activity operate or2587
seek asylum.2588

       (S) "Transcends the national boundaries of the United States"2589
means occurring outside the territorial jurisdiction of the United2590
States in addition to occurring within the territorial2591
jurisdiction of the United States.2592

       (T) "Cost of crime scene cleanup" means reasonable and2593
necessary costs of cleaning the scene where the criminally2594
injurious conduct occurred, not to exceed seven hundred fifty2595
dollars in the aggregate per claim.2596

       (U) "Cost of evidence replacement" means costs for2597
replacement of property confiscated for evidentiary purposes2598
related to the criminally injurious conduct, not to exceed seven2599
hundred fifty dollars in the aggregate per claim.2600

       (V) "Provider" means any person who provides a victim or2601
claimant with a product, service, or accommodations that are an2602
allowable expense or a funeral expense.2603

       (W) "Immediate family member" means an individual who is2604
related to a victim within the first degree by affinity or2605
consanguinity.2606

       Sec. 2743.52.  (A) The attorney general shall make awards of2607
reparations for economic loss arising from criminally injurious2608
conduct, if satisfied by a preponderance of the evidence that the2609
requirements for an award of reparations have been met.2610

       (B) A court of claims panel of commissioners or a judge of2611
the court of claims has appellate jurisdiction to order awards of2612
reparations for economic loss arising from criminally injurious2613
conduct, if satisfied by a preponderance of the evidence that the2614
requirements for an award of reparations have been met.2615

       (C) A decision of the attorney general, an order of a court2616
of claims panel of commissioners, or the judgment of a judge of2617
the court of claims concerning an OMVIOVI violation shall not be2618
used as the basis for any civil or criminal action and shall not2619
be admissible as evidence in any civil or criminal proceeding.2620

       Sec. 2903.04.  (A) No person shall cause the death of2621
another or the unlawful termination of another's pregnancy as a2622
proximate result of the offender's committing or attempting to2623
commit a felony.2624

       (B) No person shall cause the death of another or the2625
unlawful termination of another's pregnancy as a proximate result2626
of the offender's committing or attempting to commit a misdemeanor2627
of any degree, a regulatory offense, or a minor misdemeanor other2628
than a violation of any section contained in Title XLV of the2629
Revised Code that is a minor misdemeanor and other than a2630
violation of an ordinance of a municipal corporation that,2631
regardless of the penalty set by ordinance for the violation, is2632
substantially equivalent to any section contained in Title XLV of2633
the Revised Code that is a minor misdemeanor.2634

       (C) Whoever violates this section is guilty of involuntary2635
manslaughter. Violation of division (A) of this section is a2636
felony of the first degree. Violation of division (B) of this2637
section is a felony of the third degree.2638

       (D) If an offender is convicted of or pleads guilty to a2639
violation of division (A) or (B) of this section and if the2640
felony, misdemeanor, or regulatory offense that the offender2641
committed or attempted to commit, that proximately resulted in the2642
death of the other person or the unlawful termination of another's2643
pregnancy, and that is the basis of the offender's violation of2644
division (A) or (B) of this section was a violation of division2645
(A) or (B) of section 4511.19 of the Revised Code or of a2646
substantially equivalent municipal ordinance or included, as an2647
element of that felony, misdemeanor, or regulatory offense, the2648
offender's operation or participation in the operation of a2649
snowmobile, locomotive, watercraft, or aircraft while the offender2650
was under the influence of alcohol, a drug of abuse, or alcohol2651
and a drug of abuse, both of the following apply:2652

       (1) The court shall permanently revokeimpose a class one2653
suspension of the offender's driver's or commercial driver's2654
license or permit or nonresident operating privilege pursuant to2655
as specified in division (A)(1) of section 4507.164510.02 of the2656
Revised Code.2657

       (2) The court shall impose a mandatory prison term for the2658
violation of division (A) or (B) of this section from the range of2659
prison terms authorized for the level of the offense under section2660
2929.14 of the Revised Code.2661

       Sec. 2903.06.  (A) No person, while operating or2662
participating in the operation of a motor vehicle, motorcycle,2663
snowmobile, locomotive, watercraft, or aircraft, shall cause the2664
death of another or the unlawful termination of another's2665
pregnancy in any of the following ways:2666

       (1) As the proximate result of committing a violation of2667
division (A) of section 4511.19 of the Revised Code or of a2668
substantially equivalent municipal ordinance;2669

       (2) Recklessly;2670

       (3) Negligently;2671

       (4) As the proximate result of committing a violation of any2672
provision of any section contained in Title XLV of the Revised2673
Code that is a minor misdemeanor or of a municipal ordinance that,2674
regardless of the penalty set by ordinance for the violation, is2675
substantially equivalent to any provision of any section contained2676
in Title XLV of the Revised Code that is a minor misdemeanor.2677

       (B)(1) Whoever violates division (A)(1) or (2) of this2678
section is guilty of aggravated vehicular homicide and shall be2679
punished as provided in divisions (B)(1)(a) and (b) of this2680
section.2681

       (a) Except as otherwise provided in this division,2682
aggravated vehicular homicide committed in violation of division2683
(A)(1) of this section is a felony of the second degree. 2684
Aggravated vehicular homicide committed in violation of division2685
(A)(1) of this section is a felony of the first degree if, at the2686
time of the offense, the offender was driving under a suspension2687
imposed under Chapter 4507.4510. or any other provision of the2688
Revised Code or if the offender previously has been convicted of2689
or pleaded guilty to a violation of this section; any2690
traffic-related homicide, manslaughter, or assault offense; three2691
prior violations of section 4511.19 of the Revised Code or of a2692
substantially equivalent municipal ordinance within the previous2693
six years; or a second or subsequent felony violation of division2694
(A) of section 4511.19 of the Revised Code.2695

       In addition to any other sanctions imposed, the court shall2696
permanently revokeimpose upon the offender a class one suspension2697
of the offender's driver's license, commercial driver's license,2698
temporary instruction permit, probationary license, or nonresident2699
operating privilege pursuant toas specified in division (A)(1) of2700
section 4507.164510.02 of the Revised Code.2701

       (b) Except as otherwise provided in this division,2702
aggravated vehicular homicide committed in violation of division2703
(A)(2) of this section is a felony of the third degree. Aggravated2704
vehicular homicide committed in violation of division (A)(2) of2705
this section is a felony of the second degree if, at the time of2706
the offense, the offender was driving under a suspension imposed2707
under Chapter 4507. of the Revised Code4510. 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 two 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 three years to life2716
pursuant tofrom the range specified in division (A)(2) of section2717
4507.164510.02 of the Revised Code.2718

       (2) Whoever violates division (A)(3) of this section is2719
guilty of vehicular homicide. Except as otherwise provided in2720
this division, vehicular homicide is a misdemeanor of the first2721
degree. Vehicular homicide is a felony of the fourth degree if,2722
at the time of the offense, the offender was driving under a2723
suspension or revocation imposed under Chapter 4507. or any other2724
provision of the Revised Code or if the offender previously has2725
been convicted of or pleaded guilty to a violation of this section2726
or any traffic-related homicide, manslaughter, or assault offense.2727

       In addition to any other sanctions imposed, the court shall2728
suspendimpose upon the offender a class four suspension of the2729
offender's driver's license, commercial driver's license,2730
temporary instruction permit, probationary license, or nonresident2731
operating privilege for a definite period of one to five years2732
pursuant tofrom the range specified in division (A)(4) of section2733
4507.164510.02 of the Revised Code or, if the offender previously2734
has been convicted of or pleaded guilty to a violation of this2735
section or any traffic-related homicide, manslaughter, or assault2736
offense, for a definite period of two to ten years pursuant toa2737
class three suspension of the offender's driver's license,2738
commercial driver's license, temporary instruction permit,2739
probationary license, or nonresident operating privilege from the2740
range specified in division (A)(3) of that section.2741

       (3) Whoever violates division (A)(4) of this section is2742
guilty of vehicular manslaughter. Except as otherwise provided in2743
this division, vehicular manslaughter is a misdemeanor of the2744
second degree. Vehicular manslaughter is a misdemeanor of the2745
first degree if, at the time of the offense, the offender was2746
driving under a suspension imposed under Chapter 4507.4510.or2747
any other provision of the Revised Code or if the offender2748
previously has been convicted of or pleaded guilty to a violation2749
of this section or any traffic-related homicide, manslaughter, or2750
assault offense.2751

       In addition to any other sanctions imposed, the court shall2752
suspendimpose upon the offender a class six suspension of the2753
offender's driver's license, commercial driver's license,2754
temporary instruction permit, probationary license, or nonresident2755
operating privilege for a definite period of three months to two2756
years pursuant tofrom the range specified in division (A)(6) of2757
section 4507.164510.02 of the Revised Code or, if the offender2758
previously has been convicted of or pleaded guilty to a violation2759
of this section or any traffic-related homicide, manslaughter, or2760
assault offense, for a definite period of one to five years2761
pursuant toa class four suspension of the offender's driver's2762
license, commercial driver's license, temporary instruction2763
permit, probationary license, or nonresident operating privilege2764
from the range specified in division (A)(4) of that section.2765

       (C) The court shall impose a mandatory prison term on an2766
offender who is convicted of or pleads guilty to a violation of2767
division (A)(1) of this section. The court shall impose a2768
mandatory prison term on an offender who is convicted of or pleads2769
guilty to a violation of division (A)(2) or (3) of this section if2770
either of the following applies:2771

       (1) The offender previously has been convicted of or pleaded2772
guilty to a violation of this section or section 2903.08 of the2773
Revised Code.2774

       (2) At the time of the offense, the offender was driving2775
under suspension under Chapter 4507.4510.or any other provision2776
of the Revised Code.2777

       (D)(1) As used in this section:2778

       (a) "Mandatory prison term" has the same meaning as in2779
section 2929.01 of the Revised Code.2780

       (b) "Traffic-related homicide, manslaughter, or assault2781
offense" means a violation of section 2903.04 of the Revised Code2782
in circumstances in which division (D) of that section applies, a2783
violation of section 2903.06 or 2903.08 of the Revised Code, or a2784
violation of section 2903.06, 2903.07, or 2903.08 of the Revised2785
Code as they existed prior to the effective date of this amendment2786
March23, 2000.2787

       (2) For the purposes of this section, when a penalty or2788
suspension is enhanced because of a prior or current violation of2789
a specified law or a prior or current specified offense, the2790
reference to the violation of the specified law or the specified2791
offense includes any violation of any substantially equivalent2792
municipal ordinance, former law of this state, or current or2793
former law of another state or the United States.2794

       Sec. 2903.08.  (A) No person, while operating or2795
participating in the operation of a motor vehicle, motorcycle,2796
snowmobile, locomotive, watercraft, or aircraft, shall cause2797
serious physical harm to another person or another's unborn in2798
either of the following ways:2799

       (1) As the proximate result of committing a violation of2800
division (A) of section 4511.19 of the Revised Code or of a2801
substantially equivalent municipal ordinance;2802

       (2) Recklessly.2803

       (B)(1) Whoever violates division (A)(1) of this section is2804
guilty of aggravated vehicular assault. Except as otherwise2805
provided in this division, aggravated vehicular assault is a2806
felony of the third degree. Aggravated vehicular assault is a2807
felony of the second degree if, at the time of the offense, the2808
offender was driving under a suspension imposed under Chapter2809
4507.4510. or any other provision of the Revised Code or if the2810
offender previously has been convicted of or pleaded guilty to a2811
violation of this section; any traffic-related homicide,2812
manslaughter, or assault offense; three prior violations of2813
section 4511.19 of the Revised Code or a substantially equivalent2814
municipal ordinance within the previous six years; or a second or2815
subsequent felony violation of division (A) of section 4511.19 of2816
the Revised Code.2817

       In addition to any other sanctions imposed, the court shall2818
suspendimpose upon the offender a class three suspension of the2819
offender's driver's license, commercial driver's license,2820
temporary instruction permit, probationary license, or nonresident2821
operating privilege for a definite period of two to ten years2822
pursuant tofrom the range specified in division (A)(3) of section2823
4507.164510.02 of the Revised Code or, if the offender previously2824
has been convicted of or pleaded guilty to a violation of this2825
section or any traffic-related homicide, manslaughter, or assault2826
offense, for a definite period of three years to life pursuant to2827
a class two suspension of the offender's driver's license,2828
commercial driver's license, temporary instruction permit,2829
probationary license, or nonresident operating privilege from the2830
range specified in division (A)(2) of that section.2831

       (2) Whoever violates division (A)(2) of this section is2832
guilty of vehicular assault. Except as otherwise provided in this2833
division, vehicular assault is a felony of the fourth degree. 2834
Vehicular assault is a felony of the third degree if, at the time2835
of the offense, the offender was driving under a suspension2836
imposed under Chapter 4507.4510.or any other provision of the2837
Revised Code or if the offender previously has been convicted of2838
or pleaded guilty to a violation of this section or any2839
traffic-related homicide, manslaughter, or assault offense.2840

       In addition to any other sanctions imposed, the court shall2841
suspendimpose upon the offender a class four suspension of the2842
offender's driver's license, commercial driver's license,2843
temporary instruction permit, probationary license, or nonresident2844
operating privilege for a definite period of one to five years2845
pursuant tofrom the range specified in division (A)(4) of section2846
4507.164510.02 of the Revised Code or, if the offender previously2847
has been convicted of or pleaded guilty to a violation of this2848
section or any traffic-related homicide, manslaughter, or assault2849
offense, for a definite period of two to ten years pursuant toa2850
class three suspension of the offender's driver's license,2851
commercial driver's license, temporary instruction permit,2852
probationary license, or nonresident operating privilege from the2853
range specified in division (A)(3) of that section.2854

       (C) The court shall impose a mandatory prison term on an2855
offender who is convicted of or pleads guilty to a violation of2856
division (A)(1) of this section. The court shall impose a2857
mandatory prison term on an offender who is convicted of or pleads2858
guilty to a violation of division (A)(2) of this section if either2859
of the following applies:2860

       (1) The offender previously has been convicted of or pleaded2861
guilty to a violation of this section or section 2903.06 of the2862
Revised Code.2863

       (2) At the time of the offense, the offender was driving2864
under suspension under Chapter 4507.4510. or any other provision2865
of the Revised Code.2866

       (D) As used in this section:2867

       (1) "Mandatory prison term" has the same meaning as in2868
section 2929.01 of the Revised Code.2869

       (2) "Traffic-related homicide, manslaughter, or assault2870
offense" has the same meaning as in section 2903.06 of the Revised2871
Code.2872

       (E) For the purposes of this section, when a penalty or2873
suspension is enhanced because of a prior or current violation of2874
a specified law or a prior or current specified offense, the2875
reference to the violation of the specified law or the specified2876
offense includes any violation of any substantially equivalent2877
municipal ordinance, former law of this state, or current or2878
former law of another state or the United States.2879

       Sec. 2907.24.  (A) No person shall solicit another to engage2880
with such other person in sexual activity for hire.2881

       (B) No person, with knowledge that the person has tested2882
positive as a carrier of a virus that causes acquired2883
immunodeficiency syndrome, shall engage in conduct in violation of2884
division (A) of this section.2885

       (C)(1) Whoever violates division (A) of this section is2886
guilty of soliciting, a misdemeanor of the third degree.2887

       (2) Whoever violates division (B) of this section is guilty2888
of engaging in solicitation after a positive HIV test. If the2889
offender commits the violation prior to July 1, 1996, engaging in2890
solicitation after a positive HIV test is a felony of the second2891
degree. If the offender commits the violation on or after July 1,2892
1996, engaging in solicitation after a positive HIV test is a2893
felony of the third degree.2894

       (D)If a person is convicted of or pleads guilty to a2895
violation of any provision of this section, an attempt to commit a2896
violation of any provision of this section, or a violation of or2897
an attempt to commit a violation of a municipal ordinance that is2898
substantially equivalent to any provision of this section and if2899
the person, in committing or attempting to commit the violation,2900
was in, was on, or used a motor vehicle, the court, in addition to2901
or independent of all other penalties imposed for the violation,2902
shall impose upon the offender a class six suspension of the2903
person's driver's license, commercial driver's license, temporary2904
instruction permit, probationary license, or nonresident operating2905
privilege from the range specified in division (A)(6) of section2906
4510.02 of the Revised Code.2907

       Sec. 2919.22.  (A) No person, who is the parent, guardian,2908
custodian, person having custody or control, or person in loco2909
parentis of a child under eighteen years of age or a mentally or2910
physically handicapped child under twenty-one years of age, shall2911
create a substantial risk to the health or safety of the child, by2912
violating a duty of care, protection, or support. It is not a2913
violation of a duty of care, protection, or support under this2914
division when the parent, guardian, custodian, or person having2915
custody or control of a child treats the physical or mental2916
illness or defect of the child by spiritual means through prayer2917
alone, in accordance with the tenets of a recognized religious2918
body.2919

       (B) No person shall do any of the following to a child under2920
eighteen years of age or a mentally or physically handicapped2921
child under twenty-one years of age:2922

       (1) Abuse the child;2923

       (2) Torture or cruelly abuse the child;2924

       (3) Administer corporal punishment or other physical2925
disciplinary measure, or physically restrain the child in a cruel2926
manner or for a prolonged period, which punishment, discipline, or2927
restraint is excessive under the circumstances and creates a2928
substantial risk of serious physical harm to the child;2929

       (4) Repeatedly administer unwarranted disciplinary measures2930
to the child, when there is a substantial risk that such conduct,2931
if continued, will seriously impair or retard the child's mental2932
health or development;2933

       (5) Entice, coerce, permit, encourage, compel, hire, employ,2934
use, or allow the child to act, model, or in any other way2935
participate in, or be photographed for, the production,2936
presentation, dissemination, or advertisement of any material or2937
performance that the offender knows or reasonably should know is2938
obscene, is sexually oriented matter, or is nudity-oriented2939
matter.2940

       (C)(1) No person shall operate a vehicle, streetcar, or2941
trackless trolley within this state in violation of division (A)2942
of section 4511.19 of the Revised Code when one or more children2943
under eighteen years of age are in the vehicle, streetcar, or2944
trackless trolley. Notwithstanding any other provision of law, a2945
person may be convicted at the same trial or proceeding of a2946
violation of this division and a violation of division (A) of2947
section 4511.19 of the Revised Code that constitutes the basis of2948
the charge of the violation of this division. For purposes of2949
sectionsections 4511.191 to 4511.197 of the Revised Code and all2950
related provisions of law, a person arrested for a violation of2951
this division shall be considered to be under arrest for operating2952
a vehicle while under the influence of alcohol, a drug of abuse,2953
or alcohol and a drug of abusea combination of them or for2954
operating a vehicle with a prohibited concentration of alcohol in2955
the whole blood, blood serum or plasma, breath, or urine.2956

       (2) As used in division (C)(1) of this section, "vehicle,"2957
"streetcar," and "trackless trolley" have the same meanings as in2958
section 4511.01 of the Revised Code.2959

       (D)(1) Division (B)(5) of this section does not apply to any2960
material or performance that is produced, presented, or2961
disseminated for a bona fide medical, scientific, educational,2962
religious, governmental, judicial, or other proper purpose, by or2963
to a physician, psychologist, sociologist, scientist, teacher,2964
person pursuing bona fide studies or research, librarian, member2965
of the clergy, prosecutor, judge, or other person having a proper2966
interest in the material or performance.2967

       (2) Mistake of age is not a defense to a charge under2968
division (B)(5) of this section.2969

       (3) In a prosecution under division (B)(5) of this section,2970
the trier of fact may infer that an actor, model, or participant2971
in the material or performance involved is a juvenile if the2972
material or performance, through its title, text, visual2973
representation, or otherwise, represents or depicts the actor,2974
model, or participant as a juvenile.2975

       (4) As used in this division and division (B)(5) of this2976
section:2977

       (a) "Material," "performance," "obscene," and "sexual2978
activity" have the same meanings as in section 2907.01 of the2979
Revised Code.2980

       (b) "Nudity-oriented matter" means any material or2981
performance that shows a minor in a state of nudity and that,2982
taken as a whole by the average person applying contemporary2983
community standards, appeals to prurient interest.2984

       (c) "Sexually oriented matter" means any material or2985
performance that shows a minor participating or engaging in sexual2986
activity, masturbation, or bestiality.2987

       (E)(1) Whoever violates this section is guilty of2988
endangering children.2989

       (2) If the offender violates division (A) or (B)(1) of this2990
section, endangering children is one of the following:2991

       (a) Except as otherwise provided in division (E)(2)(b), (c),2992
or (d) of this section, a misdemeanor of the first degree;2993

       (b) If the offender previously has been convicted of an2994
offense under this section or of any offense involving neglect,2995
abandonment, contributing to the delinquency of, or physical abuse2996
of a child, except as otherwise provided in division (E)(2)(c) or2997
(d) of this section, a felony of the fourth degree;2998

       (c) If the violation is a violation of division (A) of this2999
section and results in serious physical harm to the child3000
involved, a felony of the third degree;3001

       (d) If the violation is a violation of division (B)(1) of3002
this section and results in serious physical harm to the child3003
involved, a felony of the second degree.3004

       (3) If the offender violates division (B)(2), (3), or (4) of3005
this section, except as otherwise provided in this division,3006
endangering children is a felony of the third degree. If the3007
violation results in serious physical harm to the child involved,3008
or if the offender previously has been convicted of an offense3009
under this section or of any offense involving neglect,3010
abandonment, contributing to the delinquency of, or physical abuse3011
of a child, endangering children is a felony of the second degree.3012

       (4) If the offender violates division (B)(5) of this3013
section, endangering children is a felony of the second degree.3014

       (5) If the offender violates division (C) of this section,3015
the offender shall be punished as follows:3016

       (a) Except as otherwise provided in division (E)(5)(b) or3017
(c) of this section, endangering children in violation of division3018
(C) of this section is a misdemeanor of the first degree.3019

       (b) If the violation results in serious physical harm to the3020
child involved or the offender previously has been convicted of an3021
offense under this section or any offense involving neglect,3022
abandonment, contributing to the delinquency of, or physical abuse3023
of a child, except as otherwise provided in division (E)(5)(c) of3024
this section, endangering children in violation of division (C) of3025
this section is a felony of the fifth degree.3026

       (c) If the violation results in serious physical harm to the3027
child involved and if the offender previously has been convicted3028
of a violation of division (C) of this section, section 2903.06 or3029
2903.08 of the Revised Code, section 2903.07 of the Revised Code3030
as it existed prior to March 23, 2000, or section 2903.04 of the3031
Revised Code in a case in which the offender was subject to the3032
sanctions described in division (D) of that section, endangering3033
children in violation of division (C) of this section is a felony3034
of the fourth degree.3035

       (d) In addition to any term of imprisonment, fine, or other3036
sentence, penalty, or sanction it imposes upon the offender3037
pursuant to division (E)(5)(a), (b), or (c) of this section or3038
pursuant to any other provision of law, the court also may impose3039
upon the offender one or both of the following sanctions:3040

       (i) It may require the offender, as part of the offender's3041
sentence and in the manner described in division (F) of this3042
section, to perform not more than two hundred hours of supervised3043
community service work under the authority of any agency,3044
political subdivision, or charitable organization of the type3045
described in division (F)(1) of section 2951.02 of the Revised3046
Code, provided that the court shall not require the offender to3047
perform supervised community service work under this division3048
unless the offender agrees to perform the supervised community3049
service work.3050

       (ii) It may suspend the driver's or commercial driver's3051
license or permit or nonresident operating privilege of the3052
offender for up to ninety days,and in addition to any suspension3053
or revocation of the offender's driver's or commercial driver's3054
license or permit or nonresident operating privilege under Chapter3055
4506., 4507., 4509., 4510., or 4511. of the Revised Code or under3056
any other provision of law, the court also may impose upon the3057
offender a class seven suspension of the offender's driver's or3058
commercial driver's license or permit or nonresident operating3059
privilege from the range specified in division (A)(7) of section3060
4510.02 of the Revised Code.3061

       (e) In addition to any term of imprisonment, fine, or other3062
sentence, penalty, or sanction imposed upon the offender pursuant3063
to division (E)(5)(a), (b), (c), or (d) of this section or3064
pursuant to any other provision of law for the violation of3065
division (C) of this section, if as part of the same trial or3066
proceeding the offender also is convicted of or pleads guilty to a3067
separate charge charging the violation of division (A) of section3068
4511.19 of the Revised Code that was the basis of the charge of3069
the violation of division (C) of this section, the offender also3070
shall be sentenced, in accordance with section 4511.994511.19 of3071
the Revised Code, for that violation of division (A) of section3072
4511.19 of the Revised Code and also shall be subject to all other3073
sanctions that are required or authorized by any provision of law3074
for that violation of division (A) of section 4511.19 of the3075
Revised Code.3076

       (F)(1)(a) If aA court, pursuant to division (E)(5)(d)(i) of3077
this section, requiresmay require an offender to perform not more3078
than two hundred hours of supervised community service work under3079
the authority of an agency, subdivision, or charitable3080
organization, if the offender agrees to perform the supervised3081
community service work. The requirement shall be part of the3082
community control sanction or sentence of the offender, and the3083
court shall impose the community service in accordance with and3084
subject to divisions (F)(1)(a) and (b) of this section. The court3085
may require an offender whom it requires to perform supervised3086
community service work as part of the offender's community control3087
sanction or sentence to pay the court a reasonable fee to cover3088
the costs of the offender's participation in the work, including,3089
but not limited to, the costs of procuring a policy or policies of3090
liability insurance to cover the period during which the offender3091
will perform the work. If the court requires the offender to3092
perform supervised community service work as part of the3093
offender's community control sanction or sentence, the court shall3094
do so in accordance with the following limitations and criteria:3095

       (i) The court shall require that the community service work3096
be performed after completion of the term of imprisonment imposed3097
upon the offender for the violation of division (C) of this3098
section, if applicable.3099

       (ii) The supervised community service work shall be subject3100
to the limitations set forth in divisions (F)(1)(a) to (c) of3101
section 2951.02 of the Revised Code.3102

       (iii) The community service work shall be supervised in the3103
manner described in division (F)(1)(d) of section 2951.02 of the3104
Revised Code by an official or person with the qualifications3105
described in that division. The official or person periodically3106
shall report in writing to the court concerning the conduct of the3107
offender in performing the work.3108

       (iv) The court shall inform the offender in writing that if3109
the offender does not adequately perform, as determined by the3110
court, all of the required community service work, the court may3111
order that the offender be committed to a jail or workhouse for a3112
period of time that does not exceed the term of imprisonment that3113
the court could have imposed upon the offender for the violation3114
of division (C) of this section, reduced by the total amount of3115
time that the offender actually was imprisoned under the sentence3116
or term that was imposed upon the offender for that violation and3117
by the total amount of time that the offender was confined for any3118
reason arising out of the offense for which the offender was3119
convicted and sentenced as described in sections 2949.08 and3120
2967.191 of the Revised Code, and that, if the court orders that3121
the offender be so committed, the court is authorized, but not3122
required, to grant the offender credit upon the period of the3123
commitment for the community service work that the offender3124
adequately performed.3125

       (b) If a court, pursuant to this division and division3126
(E)(5)(d)(i)(F)(1)(a) of this section, orders an offender to3127
perform community service work as part of the offender's community3128
control sanction or sentence and if the offender does not3129
adequately perform all of the required community service work, as3130
determined by the court, the court may order that the offender be3131
committed to a jail or workhouse for a period of time that does3132
not exceed the term of imprisonment that the court could have3133
imposed upon the offender for the violation of division (C) of3134
this section, reduced by the total amount of time that the3135
offender actually was imprisoned under the sentence or term that3136
was imposed upon the offender for that violation and by the total3137
amount of time that the offender was confined for any reason3138
arising out of the offense for which the offender was convicted3139
and sentenced as described in sections 2949.08 and 2967.191 of the3140
Revised Code. The court may order that a person committed pursuant3141
to this division shall receive hour-for-hour credit upon the3142
period of the commitment for the community service work that the3143
offender adequately performed. No commitment pursuant to this3144
division shall exceed the period of the term of imprisonment that3145
the sentencing court could have imposed upon the offender for the3146
violation of division (C) of this section, reduced by the total3147
amount of time that the offender actually was imprisoned under3148
that sentence or term and by the total amount of time that the3149
offender was confined for any reason arising out of the offense3150
for which the offender was convicted and sentenced as described in3151
sections 2949.08 and 2967.191 of the Revised Code.3152

       (2) Divisions (E)(5)(d)(i) andDivision (F)(1) of this3153
section dodoes not limit or affect the authority of the court to3154
suspend the sentence imposed upon a misdemeanor offender and place3155
the offender on probation or otherwise suspend the sentence3156
pursuant to sections 2929.51 and 2951.02 of the Revised Code, to3157
require the misdemeanor offender, as a condition of the offender's3158
probation or of otherwise suspending the offender's sentence, to3159
perform supervised community service work in accordance with3160
division (F) of section 2951.02 of the Revised Code, or to place a3161
felony offender under a community control sanction.3162

       (G)(1) If a court suspends an offender's driver's or3163
commercial driver's license or permit or nonresident operating3164
privilege under division (E)(5)(d)(ii) of this section, the period3165
of the suspension shall be consecutive to, and commence after, the3166
period of suspension or revocation of the offender's driver's or3167
commercial driver's license or permit or nonresident operating3168
privilege that is imposed under Chapter 4506., 4507., 4509.,3169
4510., or 4511. of the Revised Code or under any other provision3170
of law in relation to the violation of division (C) of this3171
section that is the basis of the suspension under division3172
(E)(5)(d)(ii) of this section or in relation to the violation of3173
division (A) of section 4511.19 of the Revised Code that is the3174
basis for that violation of division (C) of this section.3175

       (2) An offender is not entitled to request, and the court3176
shall not grant to the offender, occupationallimited driving3177
privileges under division (G) of this section if the offender's3178
license, permit, or privilege has been suspended under division3179
(E)(5)(d)(ii) of this section and the offender, within the3180
preceding sevensix years, has been convicted of or pleaded guilty3181
to three or more violations of one or more of the following:3182

       (a) Division (C) of this section;3183

       (b) Division (A) or (B) of section 4511.19 of the Revised3184
Code;3185

       (c) A municipal ordinance relating to operating a vehicle3186
while under the influence of alcohol, a drug of abuse, or alcohol3187
and a drug of abuse;3188

       (d) A municipal ordinance relating to operating a vehicle3189
with a prohibited concentration of alcohol in the blood, breath,3190
or urine;3191

       (e) Section 2903.04 of the Revised Code in a case in which3192
the offender was subject to the sanctions described in division3193
(D) of that section;3194

       (f) Division (A)(1) of section 2903.06 or division (A)(1) of3195
section 2903.08 of the Revised Code or a municipal ordinance that3196
is substantially similar to either of those divisions;3197

       (g) Division (A)(2), (3), or (4) of section 2903.06,3198
division (A)(2) of section 2903.08, or former section 2903.07 of3199
the Revised Code, or a municipal ordinance that is substantially3200
similar to any of those divisions or that former section, in a3201
case in which the jury or judge found that the offender was under3202
the influence of alcohol, a drug of abuse, or alcohol and a drug3203
of abuse;3204

       (h) A statute of the United States or of any other state or3205
a municipal ordinance of a municipal corporation located in any3206
other state that is substantially similar to division (A) or (B)3207
of section 4511.19Any equivalent offense, as defined in section3208
4511.181 of the Revised Code.3209

       (3) Any other offender who is not described in division3210
(G)(2) of this section and whose license, permit, or nonresident3211
operating privilege has been suspended under division3212
(E)(5)(d)(ii) of this section may file with the sentencing court a3213
petition alleging that the suspension would seriously affect the3214
offender's ability to continue employment. Upon satisfactory3215
proof that there is reasonable cause to believe that the3216
suspension would seriously affect the offender's ability to3217
continue employment, the court may grant the offender occupational3218
driving privileges during the period during which the suspension3219
otherwise would be imposed, except that the court shall not grant3220
occupational driving privileges for employment as a driver of3221
commercial motor vehicles to any person who is disqualified from3222
operating a commercial motor vehicle under section 3123.611 or3223
4506.16 of the Revised Code or whose commercial driver's license3224
or commercial driver's temporary instruction permit has been3225
suspended under section 3123.58 of the Revised Code.3226

       (H)(1) If a person violates division (C) of this section and3227
if, at the time of the violation, there were two or more children3228
under eighteen years of age in the motor vehicle involved in the3229
violation, the offender may be convicted of a violation of3230
division (C) of this section for each of the children, but the3231
court may sentence the offender for only one of the violations.3232

       (2)(a) If a person is convicted of or pleads guilty to a3233
violation of division (C) of this section but the person is not3234
also convicted of and does not also plead guilty to a separate3235
charge charging the violation of division (A) of section 4511.193236
of the Revised Code that was the basis of the charge of the3237
violation of division (C) of this section, both of the following3238
apply:3239

       (i) For purposes of the provisions of section 4511.993240
4511.19 of the Revised Code that set forth the penalties and3241
sanctions for a violation of division (A) of section 4511.19 of3242
the Revised Code, the conviction of or plea of guilty to the3243
violation of division (C) of this section shall not constitute a3244
violation of division (A) of section 4511.19 of the Revised Code;3245

       (ii) For purposes of any provision of law that refers to a3246
conviction of or plea of guilty to a violation of division (A) of3247
section 4511.19 of the Revised Code and that is not described in3248
division (H)(2)(a)(i) of this section, the conviction of or plea3249
of guilty to the violation of division (C) of this section shall3250
constitute a conviction of or plea of guilty to a violation of3251
division (A) of section 4511.19 of the Revised Code.3252

       (b) If a person is convicted of or pleads guilty to a3253
violation of division (C) of this section and the person also is3254
convicted of or pleads guilty to a separate charge charging the3255
violation of division (A) of section 4511.19 of the Revised Code3256
that was the basis of the charge of the violation of division (C)3257
of this section, the conviction of or plea of guilty to the3258
violation of division (C) of this section shall not constitute,3259
for purposes of any provision of law that refers to a conviction3260
of or plea of guilty to a violation of division (A) of section3261
4511.19 of the Revised Code, a conviction of or plea of guilty to3262
a violation of division (A) of section 4511.19 of the Revised3263
Code.3264

       (I) As used in this section, "community:3265

       (1) "Community control sanction" has the same meaning as in3266
section 2929.01 of the Revised Code;3267

       (2) "Limited driving privileges" has the same meaning as in3268
section 4501.01 of the Revised Code.3269

       Sec. 2921.331.  (A) No person shall fail to comply with any3270
lawful order or direction of any police officer invested with3271
authority to direct, control, or regulate traffic.3272

       (B) No person shall operate a motor vehicle so as willfully3273
to elude or flee a police officer after receiving a visible or3274
audible signal from a police officer to bring the person's motor3275
vehicle to a stop.3276

       (C)(1) Whoever violates this section is guilty of failure to3277
comply with an order or signal of a police officer.3278

       (2) A violation of division (A) of this section is a3279
misdemeanor of the first degree.3280

       (3) Except as provided in divisions (C)(4) and (5) of this3281
section, a violation of division (B) of this section is a3282
misdemeanor of the first degree.3283

       (4) Except as provided in division (C)(5) of this section, a3284
violation of division (B) of this section is a felony of the3285
fourth degree if the jury or judge as trier of fact finds by proof3286
beyond a reasonable doubt that, in committing the offense, the3287
offender was fleeing immediately after the commission of a felony.3288

       (5)(a) A violation of division (B) of this section is a3289
felony of the third degree if the jury or judge as trier of fact3290
finds any of the following by proof beyond a reasonable doubt:3291

       (i) The operation of the motor vehicle by the offender was a3292
proximate cause of serious physical harm to persons or property.3293

       (ii) The operation of the motor vehicle by the offender3294
caused a substantial risk of serious physical harm to persons or3295
property.3296

       (b) If a police officer pursues an offender who is violating3297
division (B) of this section and division (C)(5)(a) of this3298
section applies, the sentencing court, in determining the3299
seriousness of an offender's conduct for purposes of sentencing3300
the offender for a violation of division (B) of this section,3301
shall consider, along with the factors set forth in sections3302
2929.12 and 2929.13 of the Revised Code that are required to be3303
considered, all of the following:3304

       (i) The duration of the pursuit;3305

       (ii) The distance of the pursuit;3306

       (iii) The rate of speed at which the offender operated the3307
motor vehicle during the pursuit;3308

       (iv) Whether the offender failed to stop for traffic lights3309
or stop signs during the pursuit;3310

       (v) The number of traffic lights or stop signs for which the3311
offender failed to stop during the pursuit;3312

       (vi) Whether the offender operated the motor vehicle during3313
the pursuit without lighted lights during a time when lighted3314
lights are required;3315

       (vii) Whether the offender committed a moving violation3316
during the pursuit;3317

       (viii) The number of moving violations the offender3318
committed during the pursuit;3319

       (ix) Any other relevant factors indicating that the3320
offender's conduct is more serious than conduct normally3321
constituting the offense.3322

       (D) If an offender is sentenced pursuant to division (C)(4)3323
or (5) of this section for a violation of division (B) of this3324
section, and if the offender is sentenced to a prison term for3325
that violation, the offender shall serve the prison term3326
consecutively to any other prison term or mandatory prison term3327
imposed upon the offender.3328

       (E) In addition to any other sanction imposed for a violation3329
of this section, the court shall impose a class two suspension3330
from the range specified in division (A)(2) of section 4510.02 of3331
the Revised Code. If the offender previously has been found3332
guilty of an offense under this section, the court shall impose a3333
class one suspension as described in division (A)(1) of that3334
section. The court shall not grant limited driving privileges to3335
the offender. No judge shall suspend the first three years of3336
suspension under a class two suspension of an offender's license,3337
permit, or privilege required by this division on any portion of3338
the suspension under a class one suspension of an offender's3339
license, permit, or privilege required by this division.3340

       (F) As used in this section:3341

       (1) "Moving violation" has the same meaning as in section3342
2743.70 of the Revised Code.3343

       (2) "Police officer" has the same meaning as in section3344
4511.01 of the Revised Code.3345

       Sec. 2923.01.  (A) No person, with purpose to commit or to3346
promote or facilitate the commission of aggravated murder, murder,3347
kidnapping, compelling prostitution, promoting prostitution,3348
aggravated arson, arson, aggravated robbery, robbery, aggravated3349
burglary, burglary, engaging in a pattern of corrupt activity,3350
corrupting another with drugs, a felony drug trafficking,3351
manufacturing, processing, or possession offense, theft of drugs,3352
or illegal processing of drug documents, the commission of a3353
felony offense of unauthorized use of a vehicle, or the commission3354
of a violation of any provision of Chapter 3734. of the Revised3355
Code, other than section 3734.18 of the Revised Code, that relates3356
to hazardous wastes, shall do either of the following:3357

       (1) With another person or persons, plan or aid in planning3358
the commission of any of the specified offenses;3359

       (2) Agree with another person or persons that one or more of3360
them will engage in conduct that facilitates the commission of any3361
of the specified offenses.3362

       (B) No person shall be convicted of conspiracy unless a3363
substantial overt act in furtherance of the conspiracy is alleged3364
and proved to have been done by the accused or a person with whom3365
the accused conspired, subsequent to the accused's entrance into3366
the conspiracy. For purposes of this section, an overt act is3367
substantial when it is of a character that manifests a purpose on3368
the part of the actor that the object of the conspiracy should be3369
completed.3370

       (C) When the offender knows or has reasonable cause to3371
believe that a person with whom the offender conspires also has3372
conspired or is conspiring with another to commit the same3373
offense, the offender is guilty of conspiring with that other3374
person, even though the other person's identity may be unknown to3375
the offender.3376

       (D) It is no defense to a charge under this section that, in3377
retrospect, commission of the offense that was the object of the3378
conspiracy was impossible under the circumstances.3379

       (E) A conspiracy terminates when the offense or offenses3380
that are its objects are committed or when it is abandoned by all3381
conspirators. In the absence of abandonment, it is no defense to3382
a charge under this section that no offense that was the object of3383
the conspiracy was committed.3384

       (F) A person who conspires to commit more than one offense3385
is guilty of only one conspiracy, when the offenses are the object3386
of the same agreement or continuous conspiratorial relationship.3387

       (G) When a person is convicted of committing or attempting3388
to commit a specific offense or of complicity in the commission of3389
or attempt to commit the specific offense, the person shall not be3390
convicted of conspiracy involving the same offense.3391

       (H)(1) No person shall be convicted of conspiracy upon the3392
testimony of a person with whom the defendant conspired,3393
unsupported by other evidence.3394

       (2) If a person with whom the defendant allegedly has3395
conspired testifies against the defendant in a case in which the3396
defendant is charged with conspiracy and if the testimony is3397
supported by other evidence, the court, when it charges the jury,3398
shall state substantially the following:3399

       "The testimony of an accomplice that is supported by other3400
evidence does not become inadmissible because of the accomplice's3401
complicity, moral turpitude, or self-interest, but the admitted or3402
claimed complicity of a witness may affect the witness'3403
credibility and make the witness' testimony subject to grave3404
suspicion, and require that it be weighed with great caution.3405

       It is for you, as jurors, in the light of all the facts3406
presented to you from the witness stand, to evaluate such3407
testimony and to determine its quality and worth or its lack of3408
quality and worth."3409

       (3) "Conspiracy," as used in division (H)(1) of this section,3410
does not include any conspiracy that results in an attempt to3411
commit an offense or in the commission of an offense.3412

       (I) The following are affirmative defenses to a charge of3413
conspiracy:3414

       (1) After conspiring to commit an offense, the actor3415
thwarted the success of the conspiracy under circumstances3416
manifesting a complete and voluntary renunciation of the actor's3417
criminal purpose.3418

       (2) After conspiring to commit an offense, the actor3419
abandoned the conspiracy prior to the commission of or attempt to3420
commit any offense that was the object of the conspiracy, either3421
by advising all other conspirators of the actor's abandonment, or3422
by informing any law enforcement authority of the existence of the3423
conspiracy and of the actor's participation in the conspiracy.3424

       (J) Whoever violates this section is guilty of conspiracy,3425
which is one of the following:3426

       (1) A felony of the first degree, when one of the objects of3427
the conspiracy is aggravated murder, murder, or an offense for3428
which the maximum penalty is imprisonment for life;3429

       (2) A felony of the next lesser degree than the most serious3430
offense that is the object of the conspiracy, when the most3431
serious offense that is the object of the conspiracy is a felony3432
of the first, second, third, or fourth degree;3433

       (3) A felony punishable by a fine of not more than3434
twenty-five thousand dollars or imprisonment for not more than3435
eighteen months, or both, when the offense that is the object of3436
the conspiracy is a violation of any provision of Chapter 3734. of3437
the Revised Code, other than section 3734.18 of the Revised Code,3438
that relates to hazardous wastes;3439

       (4) A misdemeanor of the first degree, when the most serious3440
offense that is the object of the conspiracy is a felony of the3441
fifth degree.3442

       (K) This section does not define a separate conspiracy3443
offense or penalty where conspiracy is defined as an offense by3444
one or more sections of the Revised Code, other than this section.3445
In such a case, however:3446

       (1) With respect to the offense specified as the object of3447
the conspiracy in the other section or sections, division (A) of3448
this section defines the voluntary act or acts and culpable mental3449
state necessary to constitute the conspiracy;3450

       (2) Divisions (B) to (I) of this section are incorporated by3451
reference in the conspiracy offense defined by the other section3452
or sections of the Revised Code.3453

       (L)(1) In addition to the penalties that otherwise are3454
imposed for conspiracy, a person who is found guilty of conspiracy3455
to engage in a pattern of corrupt activity is subject to divisions3456
(B)(2), (3), (4), and (5) of section 2923.32 of the Revised Code.3457

       (2) If a person is convicted of or pleads guilty to3458
conspiracy and if the most serious offense that is the object of3459
the conspiracy is a felony drug trafficking, manufacturing,3460
processing, or possession offense, in addition to the penalties or3461
sanctions that may be imposed for the conspiracy under division3462
(J)(2) or (4) of this section and Chapter 2929. of the Revised3463
Code, both of the following apply:3464

       (a) The provisions of divisions (D), (F), and (G) of section3465
2925.03, division (D) of section 2925.04, division (D) of section3466
2925.05, division (D) of section 2925.06, and division (E) of3467
section 2925.11 of the Revised Code that pertain to mandatory and3468
additional fines, driver's or commercial driver's license or3469
permit revocations or suspensions, and professionally licensed3470
persons or persons who have been admitted to the bar by order of3471
the supreme court and that would apply under the appropriate3472
provisions of those divisions to a person who is convicted of or3473
pleads guilty to the felony drug trafficking, manufacturing,3474
processing, or possession offense that is the most serious offense3475
that is the basis of the conspiracy shall apply to the person who3476
is convicted of or pleads guilty to the conspiracy as if the3477
person had been convicted of or pleaded guilty to the felony drug3478
trafficking, manufacturing, processing, or possession offense that3479
is the most serious offense that is the basis of the conspiracy.3480

       (b) The court that imposes sentence upon the person who is3481
convicted of or pleads guilty to the conspiracy shall comply with3482
the provisions identified as being applicable under division3483
(L)(2) of this section, in addition to any other penalty or3484
sanction that it imposes for the conspiracy under division (J)(2)3485
or (4) of this section and Chapter 2929. of the Revised Code.3486

       (M) As used in this section,:3487

       (1) "felony Felony drug trafficking, manufacturing,3488
processing, or possession offense" means any of the following that3489
is a felony:3490

       (1)(a) A violation of section 2925.03, 2925.04, 2925.05, or3491
2925.06 of the Revised Code;3492

       (2)(b) A violation of section 2925.11 of the Revised Code3493
that is not a minor drug possession offense,.3494

       (2) "Minor drug possession offense" has the same meaning as3495
defined in section 2925.01 of the Revised Code.3496

       Sec. 2923.122.  (A) No person shall knowingly convey, or3497
attempt to convey, a deadly weapon or dangerous ordnance into a3498
school safety zone.3499

       (B) No person shall knowingly possess a deadly weapon or3500
dangerous ordnance in a school safety zone.3501

       (C) No person shall knowingly possess an object in a school3502
safety zone if both of the following apply:3503

       (1) The object is indistinguishable from a firearm, whether3504
or not the object is capable of being fired.3505

       (2) The person indicates that the person possesses the3506
object and that it is a firearm, or the person knowingly displays3507
or brandishes the object and indicates that it is a firearm.3508

       (D) This section does not apply to officers, agents, or3509
employees of this or any other state or the United States, or to3510
law enforcement officers, authorized to carry deadly weapons or3511
dangerous ordnance and acting within the scope of their duties, to3512
any security officer employed by a board of education or governing3513
body of a school during the time that the security officer is on3514
duty pursuant to that contract of employment, or to any other3515
person who has written authorization from the board of education3516
or governing body of a school to convey deadly weapons or3517
dangerous ordnance into a school safety zone or to possess a3518
deadly weapon or dangerous ordnance in a school safety zone and3519
who conveys or possesses the deadly weapon or dangerous ordnance3520
in accordance with that authorization.3521

       Division (C) of this section does not apply to premises upon3522
which home schooling is conducted. Division (C) of this section3523
also does not apply to a school administrator, teacher, or3524
employee who possesses an object that is indistinguishable from a3525
firearm for legitimate school purposes during the course of3526
employment, a student who uses an object that is indistinguishable3527
from a firearm under the direction of a school administrator,3528
teacher, or employee, or any other person who with the express3529
prior approval of a school administrator possesses an object that3530
is indistinguishable from a firearm for a legitimate purpose,3531
including the use of the object in a ceremonial activity, a play,3532
reenactment, or other dramatic presentation, or a ROTC activity or3533
another similar use of the object.3534

       (E)(1) Whoever violates division (A) or (B) of this section3535
is guilty of illegal conveyance or possession of a deadly weapon3536
or dangerous ordnance in a school safety zone. Except as3537
otherwise provided in this division, illegal conveyance or3538
possession of a deadly weapon or dangerous ordnance in a school3539
safety zone is a felony of the fifth degree. If the offender3540
previously has been convicted of a violation of this section,3541
illegal conveyance or possession of a deadly weapon or dangerous3542
ordnance in a school safety zone is a felony of the fourth degree.3543

       (2) Whoever violates division (C) of this section is guilty3544
of illegal possession of an object indistinguishable from a3545
firearm in a school safety zone. Except as otherwise provided in3546
this division, illegal possession of an object indistinguishable3547
from a firearm in a school safety zone is a misdemeanor of the3548
first degree. If the offender previously has been convicted of a3549
violation of this section, illegal possession of an object3550
indistinguishable from a firearm in a school safety zone is a3551
felony of the fifth degree.3552

       (F)(1) In addition to any other penalty imposed upon a3553
person who is convicted of or pleads guilty to a violation of this3554
section and subject to division (F)(2) of this section, if the3555
offender has not attained nineteen years of age, regardless of3556
whether the offender is attending or is enrolled in a school3557
operated by a board of education or for which the state board of3558
education prescribes minimum standards under section 3301.07 of3559
the Revised Code, the court shall impose upon the offender3560
whichever of the following penalties applies:3561

       (a) If the offender has been issued a class four suspension3562
of the offender's probationary driver's license, restricted3563
license, driver's license, commercial driver's license, temporary3564
instruction permit, or probationary commercial driver's license3565
that then is in effect, the court shall suspend for a period of3566
not less than twelve months and not more than thirty-six months3567
that license of the offender.3568

       (b) If the offender has been issued a temporary instruction3569
permit that then is in effect, the court shall revoke it and deny3570
the offender the issuance of another temporary instruction permit,3571
and the period of denial shall be for not less than twelve months3572
and not more than thirty-six months.3573

       (c) If the offender has been issued a commercial driver's3574
license temporary instruction permit that then is in effect, the3575
court shall suspend the offender's driver's license, revoke the3576
commercial driver's license temporary instruction permit, and deny3577
the offender the issuance of another commercial driver's license3578
temporary instruction permit, and the period of suspension plus3579
the period of denial shall total not less than twelve months and3580
not more than thirty-six months.3581

       (d) If, on the date the court imposes sentence upon the3582
offender for a violation of this section, the offender has not3583
been issued any type of license that then is in effect to operate3584
a motor vehicle in this state or a temporary instruction permit3585
that then is in effect, the courtfrom the range specified in3586
division (A)(4) of section 4510.02 of the Revised Code and shall3587
deny the offender the issuance of a temporary instructionany3588
permit for aor license of that type during the period of not less3589
than twelve months and not more than thirty-six monthsthe3590
suspension.3591

       (e) If the offender is not a resident of this state, the3592
court shall suspend for a period of not less than twelve months3593
and not more than thirty-six monthsimpose a class four suspension3594
of the nonresident operating privilege of the offender from the3595
range specified in division (A)(4) of section 4510.02 of the3596
Revised Code.3597

       (2) If the offender shows good cause why the court should3598
not suspend or revoke one of the types of licenses, permits, or3599
privileges specified in division (F)(1) of this section or deny3600
the issuance of one of the temporary instruction permits specified3601
in that division, the court in its discretion may choose not to3602
impose the suspension, revocation, or denial required in that3603
division.3604

       (G) As used in this section, "object that is3605
indistinguishable from a firearm" means an object made,3606
constructed, or altered so that, to a reasonable person without3607
specialized training in firearms, the object appears to be a3608
firearm.3609

       Sec. 2925.01.  As used in this chapter:3610

       (A) "Administer," "controlled substance," "dispense,"3611
"distribute," "hypodermic," "manufacturer," "official written3612
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"3613
"schedule II," "schedule III," "schedule IV," "schedule V," and3614
"wholesaler" have the same meanings as in section 3719.01 of the3615
Revised Code.3616

       (B) "Drug dependent person" and "drug of abuse" have the same3617
meanings as in section 3719.011 of the Revised Code.3618

       (C) "Drug," "dangerous drug," "licensed health professional3619
authorized to prescribe drugs," and "prescription" have the same3620
meanings as in section 4729.01 of the Revised Code.3621

       (D) "Bulk amount" of a controlled substance means any of the3622
following:3623

       (1) For any compound, mixture, preparation, or substance3624
included in schedule I, schedule II, or schedule III, with the3625
exception of marihuana, cocaine, L.S.D., heroin, and hashish and3626
except as provided in division (D)(2) or (5) of this section,3627
whichever of the following is applicable:3628

       (a) An amount equal to or exceeding ten grams or twenty-five3629
unit doses of a compound, mixture, preparation, or substance that3630
is or contains any amount of a schedule I opiate or opium3631
derivative;3632

       (b) An amount equal to or exceeding ten grams of a compound,3633
mixture, preparation, or substance that is or contains any amount3634
of raw or gum opium;3635

       (c) An amount equal to or exceeding thirty grams or ten unit3636
doses of a compound, mixture, preparation, or substance that is or3637
contains any amount of a schedule I hallucinogen other than3638
tetrahydrocannabinol or lysergic acid amide, or a schedule I3639
stimulant or depressant;3640

       (d) An amount equal to or exceeding twenty grams or five3641
times the maximum daily dose in the usual dose range specified in3642
a standard pharmaceutical reference manual of a compound, mixture,3643
preparation, or substance that is or contains any amount of a3644
schedule II opiate or opium derivative;3645

       (e) An amount equal to or exceeding five grams or ten unit3646
doses of a compound, mixture, preparation, or substance that is or3647
contains any amount of phencyclidine;3648

       (f) An amount equal to or exceeding one hundred twenty grams3649
or thirty times the maximum daily dose in the usual dose range3650
specified in a standard pharmaceutical reference manual of a3651
compound, mixture, preparation, or substance that is or contains3652
any amount of a schedule II stimulant that is in a final dosage3653
form manufactured by a person authorized by the "Federal Food,3654
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as3655
amended, and the federal drug abuse control laws, as defined in3656
section 3719.01 of the Revised Code, that is or contains any3657
amount of a schedule II depressant substance or a schedule II3658
hallucinogenic substance;3659

       (g) An amount equal to or exceeding three grams of a3660
compound, mixture, preparation, or substance that is or contains3661
any amount of a schedule II stimulant, or any of its salts or3662
isomers, that is not in a final dosage form manufactured by a3663
person authorized by the Federal Food, Drug, and Cosmetic Act and3664
the federal drug abuse control laws.3665

       (2) An amount equal to or exceeding one hundred twenty grams3666
or thirty times the maximum daily dose in the usual dose range3667
specified in a standard pharmaceutical reference manual of a3668
compound, mixture, preparation, or substance that is or contains3669
any amount of a schedule III or IV substance other than an3670
anabolic steroid or a schedule III opiate or opium derivative;3671

       (3) An amount equal to or exceeding twenty grams or five3672
times the maximum daily dose in the usual dose range specified in3673
a standard pharmaceutical reference manual of a compound, mixture,3674
preparation, or substance that is or contains any amount of a3675
schedule III opiate or opium derivative;3676

       (4) An amount equal to or exceeding two hundred fifty3677
milliliters or two hundred fifty grams of a compound, mixture,3678
preparation, or substance that is or contains any amount of a3679
schedule V substance;3680

       (5) An amount equal to or exceeding two hundred solid dosage3681
units, sixteen grams, or sixteen milliliters of a compound,3682
mixture, preparation, or substance that is or contains any amount3683
of a schedule III anabolic steroid.3684

       (E) "Unit dose" means an amount or unit of a compound,3685
mixture, or preparation containing a controlled substance that is3686
separately identifiable and in a form that indicates that it is3687
the amount or unit by which the controlled substance is separately3688
administered to or taken by an individual.3689

       (F) "Cultivate" includes planting, watering, fertilizing, or3690
tilling.3691

       (G) "Drug abuse offense" means any of the following:3692

       (1) A violation of division (A) of section 2913.02 that3693
constitutes theft of drugs, or a violation of section 2925.02,3694
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,3695
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or3696
2925.37 of the Revised Code;3697

       (2) A violation of an existing or former law of this or any3698
other state or of the United States that is substantially3699
equivalent to any section listed in division (G)(1) of this3700
section;3701

       (3) An offense under an existing or former law of this or3702
any other state, or of the United States, of which planting,3703
cultivating, harvesting, processing, making, manufacturing,3704
producing, shipping, transporting, delivering, acquiring,3705
possessing, storing, distributing, dispensing, selling, inducing3706
another to use, administering to another, using, or otherwise3707
dealing with a controlled substance is an element;3708

       (4) A conspiracy to commit, attempt to commit, or complicity3709
in committing or attempting to commit any offense under division3710
(G)(1), (2), or (3) of this section.3711

       (H) "Felony drug abuse offense" means any drug abuse offense3712
that would constitute a felony under the laws of this state, any3713
other state, or the United States.3714

       (I) "Harmful intoxicant" does not include beer or3715
intoxicating liquor but means any of the following:3716

       (1) Any compound, mixture, preparation, or substance the gas,3717
fumes, or vapor of which when inhaled can induce intoxication,3718
excitement, giddiness, irrational behavior, depression,3719
stupefaction, paralysis, unconsciousness, asphyxiation, or other3720
harmful physiological effects, and includes, but is not limited3721
to, any of the following:3722

       (a) Any volatile organic solvent, plastic cement, model3723
cement, fingernail polish remover, lacquer thinner, cleaning3724
fluid, gasoline, or other preparation containing a volatile3725
organic solvent;3726

       (b) Any aerosol propellant;3727

       (c) Any fluorocarbon refrigerant;3728

       (d) Any anesthetic gas.3729

       (2) Gamma Butyrolactone;3730

       (3) 1,4 Butanediol.3731

       (J) "Manufacture" means to plant, cultivate, harvest,3732
process, make, prepare, or otherwise engage in any part of the3733
production of a drug, by propagation, extraction, chemical3734
synthesis, or compounding, or any combination of the same, and3735
includes packaging, repackaging, labeling, and other activities3736
incident to production.3737

       (K) "Possess" or "possession" means having control over a3738
thing or substance, but may not be inferred solely from mere3739
access to the thing or substance through ownership or occupation3740
of the premises upon which the thing or substance is found.3741

       (L) "Sample drug" means a drug or pharmaceutical preparation3742
that would be hazardous to health or safety if used without the3743
supervision of a licensed health professional authorized to3744
prescribe drugs, or a drug of abuse, and that, at one time, had3745
been placed in a container plainly marked as a sample by a3746
manufacturer.3747

       (M) "Standard pharmaceutical reference manual" means the3748
current edition, with cumulative changes if any, of any of the3749
following reference works:3750

       (1) "The National Formulary";3751

       (2) "The United States Pharmacopeia," prepared by authority3752
of the United States Pharmacopeial Convention, Inc.;3753

       (3) Other standard references that are approved by the state3754
board of pharmacy.3755

       (N) "Juvenile" means a person under eighteen years of age.3756

       (O) "Counterfeit controlled substance" means any of the3757
following:3758

       (1) Any drug that bears, or whose container or label bears,3759
a trademark, trade name, or other identifying mark used without3760
authorization of the owner of rights to that trademark, trade3761
name, or identifying mark;3762

       (2) Any unmarked or unlabeled substance that is represented3763
to be a controlled substance manufactured, processed, packed, or3764
distributed by a person other than the person that manufactured,3765
processed, packed, or distributed it;3766

       (3) Any substance that is represented to be a controlled3767
substance but is not a controlled substance or is a different3768
controlled substance;3769

       (4) Any substance other than a controlled substance that a3770
reasonable person would believe to be a controlled substance3771
because of its similarity in shape, size, and color, or its3772
markings, labeling, packaging, distribution, or the price for3773
which it is sold or offered for sale.3774

       (P) An offense is "committed in the vicinity of a school" if3775
the offender commits the offense on school premises, in a school3776
building, or within one thousand feet of the boundaries of any3777
school premises.3778

       (Q) "School" means any school operated by a board of3779
education or any school for which the state board of education3780
prescribes minimum standards under section 3301.07 of the Revised3781
Code, whether or not any instruction, extracurricular activities,3782
or training provided by the school is being conducted at the time3783
a criminal offense is committed.3784

       (R) "School premises" means either of the following:3785

       (1) The parcel of real property on which any school is3786
situated, whether or not any instruction, extracurricular3787
activities, or training provided by the school is being conducted3788
on the premises at the time a criminal offense is committed;3789

       (2) Any other parcel of real property that is owned or3790
leased by a board of education of a school or the governing body3791
of a school for which the state board of education prescribes3792
minimum standards under section 3301.07 of the Revised Code and on3793
which some of the instruction, extracurricular activities, or3794
training of the school is conducted, whether or not any3795
instruction, extracurricular activities, or training provided by3796
the school is being conducted on the parcel of real property at3797
the time a criminal offense is committed.3798

       (S) "School building" means any building in which any of the3799
instruction, extracurricular activities, or training provided by a3800
school is conducted, whether or not any instruction,3801
extracurricular activities, or training provided by the school is3802
being conducted in the school building at the time a criminal3803
offense is committed.3804

       (T) "Disciplinary counsel" means the disciplinary counsel3805
appointed by the board of commissioners on grievances and3806
discipline of the supreme court under the Rules for the Government3807
of the Bar of Ohio.3808

       (U) "Certified grievance committee" means a duly constituted3809
and organized committee of the Ohio state bar association or of3810
one or more local bar associations of the state of Ohio that3811
complies with the criteria set forth in Rule V, section 6 of the3812
Rules for the Government of the Bar of Ohio.3813

       (V) "Professional license" means any license, permit,3814
certificate, registration, qualification, admission, temporary3815
license, temporary permit, temporary certificate, or temporary3816
registration that is described in divisions (W)(1) to (35)(36) of3817
this section and that qualifies a person as a professionally3818
licensed person.3819

       (W) "Professionally licensed person" means any of the3820
following:3821

       (1) A person who has obtained a license as a manufacturer of3822
controlled substances or a wholesaler of controlled substances3823
under Chapter 3719. of the Revised Code;3824

       (2) A person who has received a certificate or temporary3825
certificate as a certified public accountant or who has registered3826
as a public accountant under Chapter 4701. of the Revised Code and3827
who holds an Ohio permit issued under that chapter;3828

       (3) A person who holds a certificate of qualification to3829
practice architecture issued or renewed and registered under3830
Chapter 4703. of the Revised Code;3831

       (4) A person who is registered as a landscape architect3832
under Chapter 4703. of the Revised Code or who holds a permit as a3833
landscape architect issued under that chapter;3834

       (5) A person licensed as an auctioneer or apprentice3835
auctioneer or licensed to operate an auction company under Chapter3836
4707. of the Revised Code;3837

       (6) A person who has been issued a certificate of3838
registration as a registered barber under Chapter 4709. of the3839
Revised Code;3840

       (7) A person licensed and regulated to engage in the3841
business of a debt pooling company by a legislative authority,3842
under authority of Chapter 4710. of the Revised Code;3843

       (8) A person who has been issued a cosmetologist's license,3844
manicurist's license, esthetician's license, managing3845
cosmetologist's license, managing manicurist's license, managing3846
esthetician's license, cosmetology instructor's license,3847
manicurist instructor's license, esthetician instructor's license,3848
or tanning facility permit under Chapter 4713. of the Revised3849
Code;3850

       (9) A person who has been issued a license to practice3851
dentistry, a general anesthesia permit, a conscious intravenous3852
sedation permit, a limited resident's license, a limited teaching3853
license, a dental hygienist's license, or a dental hygienist's3854
teacher's certificate under Chapter 4715. of the Revised Code;3855

       (10) A person who has been issued an embalmer's license, a3856
funeral director's license, a funeral home license, or a crematory3857
license, or who has been registered for an embalmer's or funeral3858
director's apprenticeship under Chapter 4717. of the Revised Code;3859

       (11) A person who has been licensed as a registered nurse or3860
practical nurse, or who has been issued a certificate for the3861
practice of nurse-midwifery under Chapter 4723. of the Revised3862
Code;3863

       (12) A person who has been licensed to practice optometry or3864
to engage in optical dispensing under Chapter 4725. of the Revised3865
Code;3866

       (13) A person licensed to act as a pawnbroker under Chapter3867
4727. of the Revised Code;3868

       (14) A person licensed to act as a precious metals dealer3869
under Chapter 4728. of the Revised Code;3870

       (15) A person licensed as a pharmacist, a pharmacy intern, a3871
wholesale distributor of dangerous drugs, or a terminal3872
distributor of dangerous drugs under Chapter 4729. of the Revised3873
Code;3874

       (16) A person who is authorized to practice as a physician3875
assistant under Chapter 4730. of the Revised Code;3876

       (17) A person who has been issued a certificate to practice3877
medicine and surgery, osteopathic medicine and surgery, a limited3878
branch of medicine, or podiatry under Chapter 4731. of the Revised3879
Code;3880

       (18) A person licensed as a psychologist or school3881
psychologist under Chapter 4732. of the Revised Code;3882

       (19) A person registered to practice the profession of3883
engineering or surveying under Chapter 4733. of the Revised Code;3884

       (20) A person who has been issued a license to practice3885
chiropractic under Chapter 4734. of the Revised Code;3886

       (21) A person licensed to act as a real estate broker or3887
real estate salesperson under Chapter 4735. of the Revised Code;3888

       (22) A person registered as a registered sanitarian under3889
Chapter 4736. of the Revised Code;3890

       (23) A person licensed to operate or maintain a junkyard3891
under Chapter 4737. of the Revised Code;3892

       (24) A person who has been issued a motor vehicle salvage3893
dealer's license under Chapter 4738. of the Revised Code;3894

       (25) A person who has been licensed to act as a steam3895
engineer under Chapter 4739. of the Revised Code;3896

       (26) A person who has been issued a license or temporary3897
permit to practice veterinary medicine or any of its branches, or3898
who is registered as a graduate animal technician under Chapter3899
4741. of the Revised Code;3900

       (27) A person who has been issued a hearing aid dealer's or3901
fitter's license or trainee permit under Chapter 4747. of the3902
Revised Code;3903

       (28) A person who has been issued a class A, class B, or3904
class C license or who has been registered as an investigator or3905
security guard employee under Chapter 4749. of the Revised Code;3906

       (29) A person licensed and registered to practice as a3907
nursing home administrator under Chapter 4751. of the Revised3908
Code;3909

       (30) A person licensed to practice as a speech-language3910
pathologist or audiologist under Chapter 4753. of the Revised3911
Code;3912

       (31) A person issued a license as an occupational therapist3913
or physical therapist under Chapter 4755. of the Revised Code;3914

       (32) A person who is licensed as a professional clinical3915
counselor or professional counselor, licensed as a social worker3916
or independent social worker, or registered as a social work3917
assistant under Chapter 4757. of the Revised Code;3918

       (33) A person issued a license to practice dietetics under3919
Chapter 4759. of the Revised Code;3920

       (34) A person who has been issued a license or limited3921
permit to practice respiratory therapy under Chapter 4761. of the3922
Revised Code;3923

       (35) A person who has been issued a real estate appraiser3924
certificate under Chapter 4763. of the Revised Code;3925

       (36) A person who has been admitted to the bar by order of3926
the supreme court in compliance with its prescribed and published3927
rules.3928

       (X) "Cocaine" means any of the following:3929

       (1) A cocaine salt, isomer, or derivative, a salt of a3930
cocaine isomer or derivative, or the base form of cocaine;3931

       (2) Coca leaves or a salt, compound, derivative, or3932
preparation of coca leaves, including ecgonine, a salt, isomer, or3933
derivative of ecgonine, or a salt of an isomer or derivative of3934
ecgonine;3935

       (3) A salt, compound, derivative, or preparation of a3936
substance identified in division (X)(1) or (2) of this section3937
that is chemically equivalent to or identical with any of those3938
substances, except that the substances shall not include3939
decocainized coca leaves or extraction of coca leaves if the3940
extractions do not contain cocaine or ecgonine.3941

       (Y) "L.S.D." means lysergic acid diethylamide.3942

       (Z) "Hashish" means the resin or a preparation of the resin3943
contained in marihuana, whether in solid form or in a liquid3944
concentrate, liquid extract, or liquid distillate form.3945

       (AA) "Marihuana" has the same meaning as in section 3719.013946
of the Revised Code, except that it does not include hashish.3947

       (BB) An offense is "committed in the vicinity of a juvenile"3948
if the offender commits the offense within one hundred feet of a3949
juvenile or within the view of a juvenile, regardless of whether3950
the offender knows the age of the juvenile, whether the offender3951
knows the offense is being committed within one hundred feet of or3952
within view of the juvenile, or whether the juvenile actually3953
views the commission of the offense.3954

       (CC) "Presumption for a prison term" or "presumption that a3955
prison term shall be imposed" means a presumption, as described in3956
division (D) of section 2929.13 of the Revised Code, that a prison3957
term is a necessary sanction for a felony in order to comply with3958
the purposes and principles of sentencing under section 2929.11 of3959
the Revised Code.3960

       (DD) "Major drug offender" has the same meaning as in section3961
2929.01 of the Revised Code.3962

       (EE) "Minor drug possession offense" means either of the3963
following:3964

       (1) A violation of section 2925.11 of the Revised Code as it3965
existed prior to July 1, 1996;3966

       (2) A violation of section 2925.11 of the Revised Code as it3967
exists on and after July 1, 1996, that is a misdemeanor or a3968
felony of the fifth degree.3969

       (FF) "Mandatory prison term" has the same meaning as in3970
section 2929.01 of the Revised Code.3971

       (GG) "Crack cocaine" means a compound, mixture, preparation,3972
or substance that is or contains any amount of cocaine that is3973
analytically identified as the base form of cocaine or that is in3974
a form that resembles rocks or pebbles generally intended for3975
individual use.3976

       (HH) "Adulterate" means to cause a drug to be adulterated as3977
described in section 3715.63 of the Revised Code.3978

       (II) "Public premises" means any hotel, restaurant, tavern,3979
store, arena, hall, or other place of public accommodation,3980
business, amusement, or resort.3981

       Sec. 2925.02.  (A) No person shall knowingly do any of the3982
following:3983

       (1) By force, threat, or deception, administer to another or3984
induce or cause another to use a controlled substance;3985

       (2) By any means, administer or furnish to another or induce3986
or cause another to use a controlled substance with purpose to3987
cause serious physical harm to the other person, or with purpose3988
to cause the other person to become drug dependent;3989

       (3) By any means, administer or furnish to another or induce3990
or cause another to use a controlled substance, and thereby cause3991
serious physical harm to the other person, or cause the other3992
person to become drug dependent;3993

       (4) By any means, do any of the following:3994

       (a) Furnish or administer a controlled substance to a3995
juvenile who is at least two years the offender's junior, when the3996
offender knows the age of the juvenile or is reckless in that3997
regard;3998

       (b) Induce or cause a juvenile who is at least two years the3999
offender's junior to use a controlled substance, when the offender4000
knows the age of the juvenile or is reckless in that regard;4001

       (c) Induce or cause a juvenile who is at least two years the4002
offender's junior to commit a felony drug abuse offense, when the4003
offender knows the age of the juvenile or is reckless in that4004
regard;4005

       (d) Use a juvenile, whether or not the offender knows the4006
age of the juvenile, to perform any surveillance activity that is4007
intended to prevent the detection of the offender or any other4008
person in the commission of a felony drug abuse offense or to4009
prevent the arrest of the offender or any other person for the4010
commission of a felony drug abuse offense.4011

       (B) Division (A)(1), (3), or (4) of this section does not4012
apply to manufacturers, wholesalers, licensed health professionals4013
authorized to prescribe drugs, pharmacists, owners of pharmacies,4014
and other persons whose conduct is in accordance with Chapters4015
3719., 4715., 4723., 4729., 4731., and 4741. of the Revised Code.4016

       (C) Whoever violates this section is guilty of corrupting4017
another with drugs. The penalty for the offense shall be4018
determined as follows:4019

       (1) Except as otherwise provided in this division, if the4020
drug involved is any compound, mixture, preparation, or substance4021
included in schedule I or II, with the exception of marihuana,4022
corrupting another with drugs is a felony of the second degree,4023
and, subject to division (E) of this section, the court shall4024
impose as a mandatory prison term one of the prison terms4025
prescribed for a felony of the second degree. If the drug4026
involved is any compound, mixture, preparation, or substance4027
included in schedule I or II, with the exception of marihuana, and4028
if the offense was committed in the vicinity of a school,4029
corrupting another with drugs is a felony of the first degree,4030
and, subject to division (E) of this section, the court shall4031
impose as a mandatory prison term one of the prison terms4032
prescribed for a felony of the first degree.4033

       (2) Except as otherwise provided in this division, if the4034
drug involved is any compound, mixture, preparation, or substance4035
included in schedule III, IV, or V, corrupting another with drugs4036
is a felony of the second degree, and there is a presumption for a4037
prison term for the offense. If the drug involved is any4038
compound, mixture, preparation, or substance included in schedule4039
III, IV, or V and if the offense was committed in the vicinity of4040
a school, corrupting another with drugs is a felony of the second4041
degree, and the court shall impose as a mandatory prison term one4042
of the prison terms prescribed for a felony of the second degree.4043

       (3) Except as otherwise provided in this division, if the4044
drug involved is marihuana, corrupting another with drugs is a4045
felony of the fourth degree, and division (C) of section 2929.134046
of the Revised Code applies in determining whether to impose a4047
prison term on the offender. If the drug involved is marihuana4048
and if the offense was committed in the vicinity of a school,4049
corrupting another with drugs is a felony of the third degree, and4050
division (C) of section 2929.13 of the Revised Code applies in4051
determining whether to impose a prison term on the offender.4052

       (D) In addition to any prison term authorized or required by4053
division (C) or (E) of this section and sections 2929.13 and4054
2929.14 of the Revised Code and in addition to any other sanction4055
imposed for the offense under this section or sections 2929.11 to4056
2929.18 of the Revised Code, the court that sentences an offender4057
who is convicted of or pleads guilty to a violation of division4058
(A) of this section or the clerk of that court shall do all of the4059
following that are applicable regarding the offender:4060

       (1)(a) If the violation is a felony of the first, second, or4061
third degree, the court shall impose upon the offender the4062
mandatory fine specified for the offense under division (B)(1) of4063
section 2929.18 of the Revised Code unless, as specified in that4064
division, the court determines that the offender is indigent.4065

       (b) Notwithstanding any contrary provision of section4066
3719.21 of the Revised Code, any mandatory fine imposed pursuant4067
to division (D)(1)(a) of this section and any fine imposed for a4068
violation of this section pursuant to division (A) of section4069
2929.18 of the Revised Code shall be paid by the clerk of the4070
court in accordance with and subject to the requirements of, and4071
shall be used as specified in, division (F) of section 2925.03 of4072
the Revised Code.4073

       (c) If a person is charged with any violation of this4074
section that is a felony of the first, second, or third degree,4075
posts bail, and forfeits the bail, the forfeited bail shall be4076
paid by the clerk of the court pursuant to division (D)(1)(b) of4077
this section as if it were a fine imposed for a violation of this4078
section.4079

       (2) The court either shall revoke or, if it does not revoke,4080
shall suspend for not less than six months or more than five4081
years, the driver's or commercial driver's license or permit of4082
any person who is convicted of or pleads guilty to a violation of4083
this section that is a felony of the first degree and shall4084
suspend for not less than six months nor more than five years the4085
offender's driver's or commercial driver's license or permit of4086
any person who is convicted of or pleads guilty to any other4087
violation of this section. If an offender's driver's or4088
commercial driver's license or permit is revokedsuspended4089
pursuant to this division, the offender, at any time after the4090
expiration of two years from the day on which the offender's4091
sentence was imposed or from the day on which the offender finally4092
was released from a prison term under the sentence, whichever is4093
later, may file a motion with the sentencing court requesting4094
termination of the revocationsuspension. Upon the filing of the4095
motion and the court's finding of good cause for the termination,4096
the court may terminate the revocationsuspension.4097

       (3) If the offender is a professionally licensed person or a4098
person who has been admitted to the bar by order of the supreme4099
court in compliance with its prescribed and published rules, in4100
addition to any other sanction imposed for a violation of this4101
section, the court forthwithimmediately shall comply with section4102
2925.38 of the Revised Code.4103

       (E) Notwithstanding the prison term otherwise authorized or4104
required for the offense under division (C) of this section and4105
sections 2929.13 and 2929.14 of the Revised Code, if the violation4106
of division (A) of this section involves the sale, offer to sell,4107
or possession of a schedule I or II controlled substance, with the4108
exception of marihuana, and if the court imposing sentence upon4109
the offender finds that the offender as a result of the violation4110
is a major drug offender and is guilty of a specification of the4111
type described in section 2941.1410 of the Revised Code, the4112
court, in lieu of the prison term that otherwise is authorized or4113
required, shall impose upon the offender the mandatory prison term4114
specified in division (D)(3)(a) of section 2929.14 of the Revised4115
Code and may impose an additional prison term under division4116
(D)(3)(b) of that section.4117

       Sec. 2925.03.  (A) No person shall knowingly do any of the4118
following:4119

       (1) Sell or offer to sell a controlled substance;4120

       (2) Prepare for shipment, ship, transport, deliver, prepare4121
for distribution, or distribute a controlled substance, when the4122
offender knows or has reasonable cause to believe that the4123
controlled substance is intended for sale or resale by the4124
offender or another person.4125

       (B) This section does not apply to any of the following:4126

       (1) Manufacturers, licensed health professionals authorized4127
to prescribe drugs, pharmacists, owners of pharmacies, and other4128
persons whose conduct is in accordance with Chapters 3719., 4715.,4129
4723., 4729., 4731., and 4741. of the Revised Code;4130

       (2) If the offense involves an anabolic steroid, any person4131
who is conducting or participating in a research project involving4132
the use of an anabolic steroid if the project has been approved by4133
the United States food and drug administration;4134

       (3) Any person who sells, offers for sale, prescribes,4135
dispenses, or administers for livestock or other nonhuman species4136
an anabolic steroid that is expressly intended for administration4137
through implants to livestock or other nonhuman species and4138
approved for that purpose under the "Federal Food, Drug, and4139
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,4140
and is sold, offered for sale, prescribed, dispensed, or4141
administered for that purpose in accordance with that act.4142

       (C) Whoever violates division (A) of this section is guilty4143
of one of the following:4144

       (1) If the drug involved in the violation is any compound,4145
mixture, preparation, or substance included in schedule I or4146
schedule II, with the exception of marihuana, cocaine, L.S.D.,4147
heroin, and hashish, whoever violates division (A) of this section4148
is guilty of aggravated trafficking in drugs. The penalty for the4149
offense shall be determined as follows:4150

       (a) Except as otherwise provided in division (C)(1)(b), (c),4151
(d), (e), or (f) of this section, aggravated trafficking in drugs4152
is a felony of the fourth degree, and division (C) of section4153
2929.13 of the Revised Code applies in determining whether to4154
impose a prison term on the offender.4155

       (b) Except as otherwise provided in division (C)(1)(c), (d),4156
(e), or (f) of this section, if the offense was committed in the4157
vicinity of a school or in the vicinity of a juvenile, aggravated4158
trafficking in drugs is a felony of the third degree, and division4159
(C) of section 2929.13 of the Revised Code applies in determining4160
whether to impose a prison term on the offender.4161

       (c) Except as otherwise provided in this division, if the4162
amount of the drug involved equals or exceeds the bulk amount but4163
is less than five times the bulk amount, aggravated trafficking in4164
drugs is a felony of the third degree, and the court shall impose4165
as a mandatory prison term one of the prison terms prescribed for4166
a felony of the third degree. If the amount of the drug involved4167
is within that range and if the offense was committed in the4168
vicinity of a school or in the vicinity of a juvenile, aggravated4169
trafficking in drugs is a felony of the second degree, and the4170
court shall impose as a mandatory prison term one of the prison4171
terms prescribed for a felony of the second degree.4172

       (d) Except as otherwise provided in this division, if the4173
amount of the drug involved equals or exceeds five times the bulk4174
amount but is less than fifty times the bulk amount, aggravated4175
trafficking in drugs is a felony of the second degree, and the4176
court shall impose as a mandatory prison term one of the prison4177
terms prescribed for a felony of the second degree. If the amount4178
of the drug involved is within that range and if the offense was4179
committed in the vicinity of a school or in the vicinity of a4180
juvenile, aggravated trafficking in drugs is a felony of the first4181
degree, and the court shall impose as a mandatory prison term one4182
of the prison terms prescribed for a felony of the first degree.4183

       (e) If the amount of the drug involved equals or exceeds4184
fifty times the bulk amount but is less than one hundred times the4185
bulk amount and regardless of whether the offense was committed in4186
the vicinity of a school or in the vicinity of a juvenile,4187
aggravated trafficking in drugs is a felony of the first degree,4188
and the court shall impose as a mandatory prison term one of the4189
prison terms prescribed for a felony of the first degree.4190

       (f) If the amount of the drug involved equals or exceeds one4191
hundred times the bulk amount and regardless of whether the4192
offense was committed in the vicinity of a school or in the4193
vicinity of a juvenile, aggravated trafficking in drugs is a4194
felony of the first degree, the offender is a major drug offender,4195
and the court shall impose as a mandatory prison term the maximum4196
prison term prescribed for a felony of the first degree and may4197
impose an additional prison term prescribed for a major drug4198
offender under division (D)(3)(b) of section 2929.14 of the4199
Revised Code.4200

       (2) If the drug involved in the violation is any compound,4201
mixture, preparation, or substance included in schedule III, IV,4202
or V, whoever violates division (A) of this section is guilty of4203
trafficking in drugs. The penalty for the offense shall be4204
determined as follows:4205

       (a) Except as otherwise provided in division (C)(2)(b), (c),4206
(d), or (e) of this section, trafficking in drugs is a felony of4207
the fifth degree, and division (C) of section 2929.13 of the4208
Revised Code applies in determining whether to impose a prison4209
term on the offender.4210

       (b) Except as otherwise provided in division (C)(2)(c), (d),4211
or (e) of this section, if the offense was committed in the4212
vicinity of a school or in the vicinity of a juvenile, trafficking4213
in drugs is a felony of the fourth degree, and division (C) of4214
section 2929.13 of the Revised Code applies in determining whether4215
to impose a prison term on the offender.4216

       (c) Except as otherwise provided in this division, if the4217
amount of the drug involved equals or exceeds the bulk amount but4218
is less than five times the bulk amount, trafficking in drugs is a4219
felony of the fourth degree, and there is a presumption for a4220
prison term for the offense. If the amount of the drug involved4221
is within that range and if the offense was committed in the4222
vicinity of a school or in the vicinity of a juvenile, trafficking4223
in drugs is a felony of the third degree, and there is a4224
presumption for a prison term for the offense.4225

       (d) Except as otherwise provided in this division, if the4226
amount of the drug involved equals or exceeds five times the bulk4227
amount but is less than fifty times the bulk amount, trafficking4228
in drugs is a felony of the third degree, and there is a4229
presumption for a prison term for the offense. If the amount of4230
the drug involved is within that range and if the offense was4231
committed in the vicinity of a school or in the vicinity of a4232
juvenile, trafficking in drugs is a felony of the second degree,4233
and there is a presumption for a prison term for the offense.4234

       (e) Except as otherwise provided in this division, if the4235
amount of the drug involved equals or exceeds fifty times the bulk4236
amount, trafficking in drugs is a felony of the second degree, and4237
the court shall impose as a mandatory prison term one of the4238
prison terms prescribed for a felony of the second degree. If the4239
amount of the drug involved equals or exceeds fifty times the bulk4240
amount and if the offense was committed in the vicinity of a4241
school or in the vicinity of a juvenile, trafficking in drugs is a4242
felony of the first degree, and the court shall impose as a4243
mandatory prison term one of the prison terms prescribed for a4244
felony of the first degree.4245

       (3) If the drug involved in the violation is marihuana or a4246
compound, mixture, preparation, or substance containing marihuana4247
other than hashish, whoever violates division (A) of this section4248
is guilty of trafficking in marihuana. The penalty for the4249
offense shall be determined as follows:4250

       (a) Except as otherwise provided in division (C)(3)(b), (c),4251
(d), (e), (f), or (g) of this section, trafficking in marihuana is4252
a felony of the fifth degree, and division (C) of section 2929.134253
of the Revised Code applies in determining whether to impose a4254
prison term on the offender.4255

       (b) Except as otherwise provided in division (C)(3)(c), (d),4256
(e), (f), or (g) of this section, if the offense was committed in4257
the vicinity of a school or in the vicinity of a juvenile,4258
trafficking in marihuana is a felony of the fourth degree, and4259
division (C) of section 2929.13 of the Revised Code applies in4260
determining whether to impose a prison term on the offender.4261

       (c) Except as otherwise provided in this division, if the4262
amount of the drug involved equals or exceeds two hundred grams4263
but is less than one thousand grams, trafficking in marihuana is a4264
felony of the fourth degree, and division (C) of section 2929.134265
of the Revised Code applies in determining whether to impose a4266
prison term on the offender. If the amount of the drug involved4267
is within that range and if the offense was committed in the4268
vicinity of a school or in the vicinity of a juvenile, trafficking4269
in marihuana is a felony of the third degree, and division (C) of4270
section 2929.13 of the Revised Code applies in determining whether4271
to impose a prison term on the offender.4272

       (d) Except as otherwise provided in this division, if the4273
amount of the drug involved equals or exceeds one thousand grams4274
but is less than five thousand grams, trafficking in marihuana is4275
a felony of the third degree, and division (C) of section 2929.134276
of the Revised Code applies in determining whether to impose a4277
prison term on the offender. If the amount of the drug involved4278
is within that range and if the offense was committed in the4279
vicinity of a school or in the vicinity of a juvenile, trafficking4280
in marihuana is a felony of the second degree, and there is a4281
presumption that a prison term shall be imposed for the offense.4282

       (e) Except as otherwise provided in this division, if the4283
amount of the drug involved equals or exceeds five thousand grams4284
but is less than twenty thousand grams, trafficking in marihuana4285
is a felony of the third degree, and there is a presumption that a4286
prison term shall be imposed for the offense. If the amount of4287
the drug involved is within that range and if the offense was4288
committed in the vicinity of a school or in the vicinity of a4289
juvenile, trafficking in marihuana is a felony of the second4290
degree, and there is a presumption that a prison term shall be4291
imposed for the offense.4292

       (f) Except as otherwise provided in this division, if the4293
amount of the drug involved equals or exceeds twenty thousand4294
grams, trafficking in marihuana is a felony of the second degree,4295
and the court shall impose as a mandatory prison term the maximum4296
prison term prescribed for a felony of the second degree. If the4297
amount of the drug involved equals or exceeds twenty thousand4298
grams and if the offense was committed in the vicinity of a school4299
or in the vicinity of a juvenile, trafficking in marihuana is a4300
felony of the first degree, and the court shall impose as a4301
mandatory prison term the maximum prison term prescribed for a4302
felony of the first degree.4303

       (g) Except as otherwise provided in this division, if the4304
offense involves a gift of twenty grams or less of marihuana,4305
trafficking in marihuana is a minor misdemeanor upon a first4306
offense and a misdemeanor of the third degree upon a subsequent4307
offense. If the offense involves a gift of twenty grams or less4308
of marihuana and if the offense was committed in the vicinity of a4309
school or in the vicinity of a juvenile, trafficking in marihuana4310
is a misdemeanor of the third degree.4311

       (4) If the drug involved in the violation is cocaine or a4312
compound, mixture, preparation, or substance containing cocaine,4313
whoever violates division (A) of this section is guilty of4314
trafficking in cocaine. The penalty for the offense shall be4315
determined as follows:4316

       (a) Except as otherwise provided in division (C)(4)(b), (c),4317
(d), (e), (f), or (g) of this section, trafficking in cocaine is a4318
felony of the fifth degree, and division (C) of section 2929.13 of4319
the Revised Code applies in determining whether to impose a prison4320
term on the offender.4321

       (b) Except as otherwise provided in division (C)(4)(c), (d),4322
(e), (f), or (g) of this section, if the offense was committed in4323
the vicinity of a school or in the vicinity of a juvenile,4324
trafficking in cocaine is a felony of the fourth degree, and4325
division (C) of section 2929.13 of the Revised Code applies in4326
determining whether to impose a prison term on the offender.4327

       (c) Except as otherwise provided in this division, if the4328
amount of the drug involved equals or exceeds five grams but is4329
less than ten grams of cocaine that is not crack cocaine or equals4330
or exceeds one gram but is less than five grams of crack cocaine,4331
trafficking in cocaine is a felony of the fourth degree, and there4332
is a presumption for a prison term for the offense. If the amount4333
of the drug involved is within one of those ranges and if the4334
offense was committed in the vicinity of a school or in the4335
vicinity of a juvenile, trafficking in cocaine is a felony of the4336
third degree, and there is a presumption for a prison term for the4337
offense.4338

       (d) Except as otherwise provided in this division, if the4339
amount of the drug involved equals or exceeds ten grams but is4340
less than one hundred grams of cocaine that is not crack cocaine4341
or equals or exceeds five grams but is less than ten grams of4342
crack cocaine, trafficking in cocaine is a felony of the third4343
degree, and the court shall impose as a mandatory prison term one4344
of the prison terms prescribed for a felony of the third degree.4345
If the amount of the drug involved is within one of those ranges4346
and if the offense was committed in the vicinity of a school or in4347
the vicinity of a juvenile, trafficking in cocaine is a felony of4348
the second degree, and the court shall impose as a mandatory4349
prison term one of the prison terms prescribed for a felony of the4350
second degree.4351

       (e) Except as otherwise provided in this division, if the4352
amount of the drug involved equals or exceeds one hundred grams4353
but is less than five hundred grams of cocaine that is not crack4354
cocaine or equals or exceeds ten grams but is less than4355
twenty-five grams of crack cocaine, trafficking in cocaine is a4356
felony of the second degree, and the court shall impose as a4357
mandatory prison term one of the prison terms prescribed for a4358
felony of the second degree. If the amount of the drug involved4359
is within one of those ranges and if the offense was committed in4360
the vicinity of a school or in the vicinity of a juvenile,4361
trafficking in cocaine is a felony of the first degree, and the4362
court shall impose as a mandatory prison term one of the prison4363
terms prescribed for a felony of the first degree.4364

       (f) If the amount of the drug involved equals or exceeds4365
five hundred grams but is less than one thousand grams of cocaine4366
that is not crack cocaine or equals or exceeds twenty-five grams4367
but is less than one hundred grams of crack cocaine and regardless4368
of whether the offense was committed in the vicinity of a school4369
or in the vicinity of a juvenile, trafficking in cocaine is a4370
felony of the first degree, and the court shall impose as a4371
mandatory prison term one of the prison terms prescribed for a4372
felony of the first degree.4373

       (g) If the amount of the drug involved equals or exceeds one4374
thousand grams of cocaine that is not crack cocaine or equals or4375
exceeds one hundred grams of crack cocaine and regardless of4376
whether the offense was committed in the vicinity of a school or4377
in the vicinity of a juvenile, trafficking in cocaine is a felony4378
of the first degree, the offender is a major drug offender, and4379
the court shall impose as a mandatory prison term the maximum4380
prison term prescribed for a felony of the first degree and may4381
impose an additional mandatory prison term prescribed for a major4382
drug offender under division (D)(3)(b) of section 2929.14 of the4383
Revised Code.4384

       (5) If the drug involved in the violation is L.S.D. or a4385
compound, mixture, preparation, or substance containing L.S.D.,4386
whoever violates division (A) of this section is guilty of4387
trafficking in L.S.D. The penalty for the offense shall be4388
determined as follows:4389

       (a) Except as otherwise provided in division (C)(5)(b), (c),4390
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a4391
felony of the fifth degree, and division (C) of section 2929.13 of4392
the Revised Code applies in determining whether to impose a prison4393
term on the offender.4394

       (b) Except as otherwise provided in division (C)(5)(c), (d),4395
(e), (f), or (g) of this section, if the offense was committed in4396
the vicinity of a school or in the vicinity of a juvenile,4397
trafficking in L.S.D. is a felony of the fourth degree, and4398
division (C) of section 2929.13 of the Revised Code applies in4399
determining whether to impose a prison term on the offender.4400

       (c) Except as otherwise provided in this division, if the4401
amount of the drug involved equals or exceeds ten unit doses but4402
is less than fifty unit doses of L.S.D. in a solid form or equals4403
or exceeds one gram but is less than five grams of L.S.D. in a4404
liquid concentrate, liquid extract, or liquid distillate form,4405
trafficking in L.S.D. is a felony of the fourth degree, and there4406
is a presumption for a prison term for the offense. If the amount4407
of the drug involved is within that range and if the offense was4408
committed in the vicinity of a school or in the vicinity of a4409
juvenile, trafficking in L.S.D. is a felony of the third degree,4410
and there is a presumption for a prison term for the offense.4411

       (d) Except as otherwise provided in this division, if the4412
amount of the drug involved equals or exceeds fifty unit doses but4413
is less than two hundred fifty unit doses of L.S.D. in a solid4414
form or equals or exceeds five grams but is less than twenty-five4415
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid4416
distillate form, trafficking in L.S.D. is a felony of the third4417
degree, and the court shall impose as a mandatory prison term one4418
of the prison terms prescribed for a felony of the third degree.4419
If the amount of the drug involved is within that range and if the4420
offense was committed in the vicinity of a school or in the4421
vicinity of a juvenile, trafficking in L.S.D. is a felony of the4422
second degree, and the court shall impose as a mandatory prison4423
term one of the prison terms prescribed for a felony of the second4424
degree.4425

       (e) Except as otherwise provided in this division, if the4426
amount of the drug involved equals or exceeds two hundred fifty4427
unit doses but is less than one thousand unit doses of L.S.D. in a4428
solid form or equals or exceeds twenty-five grams but is less than4429
one hundred grams of L.S.D. in a liquid concentrate, liquid4430
extract, or liquid distillate form, trafficking in L.S.D. is a4431
felony of the second degree, and the court shall impose as a4432
mandatory prison term one of the prison terms prescribed for a4433
felony of the second degree. If the amount of the drug involved4434
is within that range and if the offense was committed in the4435
vicinity of a school or in the vicinity of a juvenile, trafficking4436
in L.S.D. is a felony of the first degree, and the court shall4437
impose as a mandatory prison term one of the prison terms4438
prescribed for a felony of the first degree.4439

       (f) If the amount of the drug involved equals or exceeds one4440
thousand unit doses but is less than five thousand unit doses of4441
L.S.D. in a solid form or equals or exceeds one hundred grams but4442
is less than five hundred grams of L.S.D. in a liquid concentrate,4443
liquid extract, or liquid distillate form and regardless of4444
whether the offense was committed in the vicinity of a school or4445
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4446
of the first degree, and the court shall impose as a mandatory4447
prison term one of the prison terms prescribed for a felony of the4448
first degree.4449

       (g) If the amount of the drug involved equals or exceeds4450
five thousand unit doses of L.S.D. in a solid form or equals or4451
exceeds five hundred grams of L.S.D. in a liquid concentrate,4452
liquid extract, or liquid distillate form and regardless of4453
whether the offense was committed in the vicinity of a school or4454
in the vicinity of a juvenile, trafficking in L.S.D. is a felony4455
of the first degree, the offender is a major drug offender, and4456
the court shall impose as a mandatory prison term the maximum4457
prison term prescribed for a felony of the first degree and may4458
impose an additional mandatory prison term prescribed for a major4459
drug offender under division (D)(3)(b) of section 2929.14 of the4460
Revised Code.4461

       (6) If the drug involved in the violation is heroin or a4462
compound, mixture, preparation, or substance containing heroin,4463
whoever violates division (A) of this section is guilty of4464
trafficking in heroin. The penalty for the offense shall be4465
determined as follows:4466

       (a) Except as otherwise provided in division (C)(6)(b), (c),4467
(d), (e), (f), or (g) of this section, trafficking in heroin is a4468
felony of the fifth degree, and division (C) of section 2929.13 of4469
the Revised Code applies in determining whether to impose a prison4470
term on the offender.4471

       (b) Except as otherwise provided in division (C)(6)(c), (d),4472
(e), (f), or (g) of this section, if the offense was committed in4473
the vicinity of a school or in the vicinity of a juvenile,4474
trafficking in heroin is a felony of the fourth degree, and4475
division (C) of section 2929.13 of the Revised Code applies in4476
determining whether to impose a prison term on the offender.4477

       (c) Except as otherwise provided in this division, if the4478
amount of the drug involved equals or exceeds ten unit doses but4479
is less than fifty unit doses or equals or exceeds one gram but is4480
less than five grams, trafficking in heroin is a felony of the4481
fourth degree, and there is a presumption for a prison term for4482
the offense. If the amount of the drug involved is within that4483
range and if the offense was committed in the vicinity of a school4484
or in the vicinity of a juvenile, trafficking in heroin is a4485
felony of the third degree, and there is a presumption for a4486
prison term for the offense.4487

       (d) Except as otherwise provided in this division, if the4488
amount of the drug involved equals or exceeds fifty unit doses but4489
is less than one hundred unit doses or equals or exceeds five4490
grams but is less than ten grams, trafficking in heroin is a4491
felony of the third degree, and there is a presumption for a4492
prison term for the offense. If the amount of the drug involved4493
is within that range and if the offense was committed in the4494
vicinity of a school or in the vicinity of a juvenile, trafficking4495
in heroin is a felony of the second degree, and there is a4496
presumption for a prison term for the offense.4497

       (e) Except as otherwise provided in this division, if the4498
amount of the drug involved equals or exceeds one hundred unit4499
doses but is less than five hundred unit doses or equals or4500
exceeds ten grams but is less than fifty grams, trafficking in4501
heroin is a felony of the second degree, and the court shall4502
impose as a mandatory prison term one of the prison terms4503
prescribed for a felony of the second degree. If the amount of4504
the drug involved is within that range and if the offense was4505
committed in the vicinity of a school or in the vicinity of a4506
juvenile, trafficking in heroin is a felony of the first degree,4507
and the court shall impose as a mandatory prison term one of the4508
prison terms prescribed for a felony of the first degree.4509

       (f) If the amount of the drug involved equals or exceeds4510
five hundred unit doses but is less than two thousand five hundred4511
unit doses or equals or exceeds fifty grams but is less than two4512
hundred fifty grams and regardless of whether the offense was4513
committed in the vicinity of a school or in the vicinity of a4514
juvenile, trafficking in heroin is a felony of the first degree,4515
and the court shall impose as a mandatory prison term one of the4516
prison terms prescribed for a felony of the first degree.4517

       (g) If the amount of the drug involved equals or exceeds two4518
thousand five hundred unit doses or equals or exceeds two hundred4519
fifty grams and regardless of whether the offense was committed in4520
the vicinity of a school or in the vicinity of a juvenile,4521
trafficking in heroin is a felony of the first degree, the4522
offender is a major drug offender, and the court shall impose as a4523
mandatory prison term the maximum prison term prescribed for a4524
felony of the first degree and may impose an additional mandatory4525
prison term prescribed for a major drug offender under division4526
(D)(3)(b) of section 2929.14 of the Revised Code.4527

       (7) If the drug involved in the violation is hashish or a4528
compound, mixture, preparation, or substance containing hashish,4529
whoever violates division (A) of this section is guilty of4530
trafficking in hashish. The penalty for the offense shall be4531
determined as follows:4532

       (a) Except as otherwise provided in division (C)(7)(b), (c),4533
(d), (e), or (f) of this section, trafficking in hashish is a4534
felony of the fifth degree, and division (C) of section 2929.13 of4535
the Revised Code applies in determining whether to impose a prison4536
term on the offender.4537

       (b) Except as otherwise provided in division (C)(7)(c), (d),4538
(e), or (f) of this section, if the offense was committed in the4539
vicinity of a school or in the vicinity of a juvenile, trafficking4540
in hashish is a felony of the fourth degree, and division (C) of4541
section 2929.13 of the Revised Code applies in determining whether4542
to impose a prison term on the offender.4543

       (c) Except as otherwise provided in this division, if the4544
amount of the drug involved equals or exceeds ten grams but is4545
less than fifty grams of hashish in a solid form or equals or4546
exceeds two grams but is less than ten grams of hashish in a4547
liquid concentrate, liquid extract, or liquid distillate form,4548
trafficking in hashish is a felony of the fourth degree, and4549
division (C) of section 2929.13 of the Revised Code applies in4550
determining whether to impose a prison term on the offender. If4551
the amount of the drug involved is within that range and if the4552
offense was committed in the vicinity of a school or in the4553
vicinity of a juvenile, trafficking in hashish is a felony of the4554
third degree, and division (C) of section 2929.13 of the Revised4555
Code applies in determining whether to impose a prison term on the4556
offender.4557

       (d) Except as otherwise provided in this division, if the4558
amount of the drug involved equals or exceeds fifty grams but is4559
less than two hundred fifty grams of hashish in a solid form or4560
equals or exceeds ten grams but is less than fifty grams of4561
hashish in a liquid concentrate, liquid extract, or liquid4562
distillate form, trafficking in hashish is a felony of the third4563
degree, and division (C) of section 2929.13 of the Revised Code4564
applies in determining whether to impose a prison term on the4565
offender. If the amount of the drug involved is within that range4566
and if the offense was committed in the vicinity of a school or in4567
the vicinity of a juvenile, trafficking in hashish is a felony of4568
the second degree, and there is a presumption that a prison term4569
shall be imposed for the offense.4570

       (e) Except as otherwise provided in this division, if the4571
amount of the drug involved equals or exceeds two hundred fifty4572
grams but is less than one thousand grams of hashish in a solid4573
form or equals or exceeds fifty grams but is less than two hundred4574
grams of hashish in a liquid concentrate, liquid extract, or4575
liquid distillate form, trafficking in hashish is a felony of the4576
third degree, and there is a presumption that a prison term shall4577
be imposed for the offense. If the amount of the drug involved is4578
within that range and if the offense was committed in the vicinity4579
of a school or in the vicinity of a juvenile, trafficking in4580
hashish is a felony of the second degree, and there is a4581
presumption that a prison term shall be imposed for the offense.4582

       (f) Except as otherwise provided in this division, if the4583
amount of the drug involved equals or exceeds one thousand grams4584
of hashish in a solid form or equals or exceeds two hundred grams4585
of hashish in a liquid concentrate, liquid extract, or liquid4586
distillate form, trafficking in hashish is a felony of the second4587
degree, and the court shall impose as a mandatory prison term the4588
maximum prison term prescribed for a felony of the second degree.4589
If the amount of the drug involved is within that range and if the4590
offense was committed in the vicinity of a school or in the4591
vicinity of a juvenile, trafficking in hashish is a felony of the4592
first degree, and the court shall impose as a mandatory prison4593
term the maximum prison term prescribed for a felony of the first4594
degree.4595

       (D) In addition to any prison term authorized or required by4596
division (C) of this section and sections 2929.13 and 2929.14 of4597
the Revised Code, and in addition to any other sanction imposed4598
for the offense under this section or sections 2929.11 to 2929.184599
of the Revised Code, the court that sentences an offender who is4600
convicted of or pleads guilty to a violation of division (A) of4601
this section shall do all of the following that are applicable4602
regarding the offender:4603

       (1) If the violation of division (A) of this section is a4604
felony of the first, second, or third degree, the court shall4605
impose upon the offender the mandatory fine specified for the4606
offense under division (B)(1) of section 2929.18 of the Revised4607
Code unless, as specified in that division, the court determines4608
that the offender is indigent. Except as otherwise provided in4609
division (H)(1) of this section, a mandatory fine or any other4610
fine imposed for a violation of this section is subject to4611
division (F) of this section. If a person is charged with a4612
violation of this section that is a felony of the first, second,4613
or third degree, posts bail, and forfeits the bail, the clerk of4614
the court shall pay the forfeited bail pursuant to divisions4615
(D)(1) and (F) of this section, as if the forfeited bail was a4616
fine imposed for a violation of this section. If any amount of4617
the forfeited bail remains after that payment and if a fine is4618
imposed under division (H)(1) of this section, the clerk of the4619
court shall pay the remaining amount of the forfeited bail4620
pursuant to divisions (H)(2) and (3) of this section, as if that4621
remaining amount was a fine imposed under division (H)(1) of this4622
section.4623

       (2) The court shall revoke or suspend the driver's or4624
commercial driver's license or permit of the offender in4625
accordance with division (G) of this section.4626

       (3) If the offender is a professionally licensed person or a4627
person who has been admitted to the bar by order of the supreme4628
court in compliance with its prescribed and published rules, the4629
court forthwithimmediately shall comply with section 2925.38 of4630
the Revised Code.4631

       (E) When a person is charged with the sale of or offer to4632
sell a bulk amount or a multiple of a bulk amount of a controlled4633
substance, the jury, or the court trying the accused, shall4634
determine the amount of the controlled substance involved at the4635
time of the offense and, if a guilty verdict is returned, shall4636
return the findings as part of the verdict. In any such case, it4637
is unnecessary to find and return the exact amount of the4638
controlled substance involved, and it is sufficient if the finding4639
and return is to the effect that the amount of the controlled4640
substance involved is the requisite amount, or that the amount of4641
the controlled substance involved is less than the requisite4642
amount.4643

       (F)(1) Notwithstanding any contrary provision of section4644
3719.21 of the Revised Code and except as provided in division (H)4645
of this section, the clerk of the court shall pay any mandatory4646
fine imposed pursuant to division (D)(1) of this section and any4647
fine other than a mandatory fine that is imposed for a violation4648
of this section pursuant to division (A) or (B)(5) of section4649
2929.18 of the Revised Code to the county, township, municipal4650
corporation, park district, as created pursuant to section 511.184651
or 1545.04 of the Revised Code, or state law enforcement agencies4652
in this state that primarily were responsible for or involved in4653
making the arrest of, and in prosecuting, the offender. However,4654
the clerk shall not pay a mandatory fine so imposed to a law4655
enforcement agency unless the agency has adopted a written4656
internal control policy under division (F)(2) of this section that4657
addresses the use of the fine moneys that it receives. Each4658
agency shall use the mandatory fines so paid to subsidize the4659
agency's law enforcement efforts that pertain to drug offenses, in4660
accordance with the written internal control policy adopted by the4661
recipient agency under division (F)(2) of this section.4662

       (2)(a) Prior to receiving any fine moneys under division4663
(F)(1) of this section or division (B)(5) of section 2925.42 of4664
the Revised Code, a law enforcement agency shall adopt a written4665
internal control policy that addresses the agency's use and4666
disposition of all fine moneys so received and that provides for4667
the keeping of detailed financial records of the receipts of those4668
fine moneys, the general types of expenditures made out of those4669
fine moneys, and the specific amount of each general type of4670
expenditure. The policy shall not provide for or permit the4671
identification of any specific expenditure that is made in an4672
ongoing investigation. All financial records of the receipts of4673
those fine moneys, the general types of expenditures made out of4674
those fine moneys, and the specific amount of each general type of4675
expenditure by an agency are public records open for inspection4676
under section 149.43 of the Revised Code. Additionally, a written4677
internal control policy adopted under this division is such a4678
public record, and the agency that adopted it shall comply with4679
it.4680

       (b) Each law enforcement agency that receives in any4681
calendar year any fine moneys under division (F)(1) of this4682
section or division (B)(5) of section 2925.42 of the Revised Code4683
shall prepare a report covering the calendar year that cumulates4684
all of the information contained in all of the public financial4685
records kept by the agency pursuant to division (F)(2)(a) of this4686
section for that calendar year, and shall send a copy of the4687
cumulative report, no later than the first day of March in the4688
calendar year following the calendar year covered by the report,4689
to the attorney general. Each report received by the attorney4690
general is a public record open for inspection under section4691
149.43 of the Revised Code. Not later than the fifteenth day of4692
April in the calendar year in which the reports are received, the4693
attorney general shall send to the president of the senate and the4694
speaker of the house of representatives a written notification4695
that does all of the following:4696

       (i) Indicates that the attorney general has received from4697
law enforcement agencies reports of the type described in this4698
division that cover the previous calendar year and indicates that4699
the reports were received under this division;4700

       (ii) Indicates that the reports are open for inspection4701
under section 149.43 of the Revised Code;4702

       (iii) Indicates that the attorney general will provide a4703
copy of any or all of the reports to the president of the senate4704
or the speaker of the house of representatives upon request.4705

       (3) As used in division (F) of this section:4706

       (a) "Law enforcement agencies" includes, but is not limited4707
to, the state board of pharmacy and the office of a prosecutor.4708

       (b) "Prosecutor" has the same meaning as in section 2935.014709
of the Revised Code.4710

       (G) When required under division (D)(2) of this section or4711
any other provision of this chapter, the court either shall revoke4712
or, if it does not revoke, shall suspend for not less than six4713
months or more than five years, the driver's or commercial4714
driver's license or permit of any person who is convicted of or4715
pleads guilty to a violation of this section that is a felony of4716
the first degree and shall suspend for not less than six months or4717
more than five years the driver's or commercial driver's license4718
or permit of any person who is convicted of or pleads guilty to4719
any other violation of this section or any other specified4720
provision of this chapter. If an offender's driver's or4721
commercial driver's license or permit is revokedsuspended4722
pursuant to this division, the offender, at any time after the4723
expiration of two years from the day on which the offender's4724
sentence was imposed or from the day on which the offender finally4725
was released from a prison term under the sentence, whichever is4726
later, may file a motion with the sentencing court requesting4727
termination of the revocationsuspension; upon the filing of such4728
a motion and the court's finding of good cause for the4729
termination, the court may terminate the revocationsuspension.4730

       (H)(1) In addition to any prison term authorized or required4731
by division (C) of this section and sections 2929.13 and 2929.144732
of the Revised Code, in addition to any other penalty or sanction4733
imposed for the offense under this section or sections 2929.11 to4734
2929.18 of the Revised Code, and in addition to the forfeiture of4735
property in connection with the offense as prescribed in sections4736
2925.42 to 2925.45 of the Revised Code, the court that sentences4737
an offender who is convicted of or pleads guilty to a violation of4738
division (A) of this section may impose upon the offender an4739
additional fine specified for the offense in division (B)(4) of4740
section 2929.18 of the Revised Code. A fine imposed under4741
division (H)(1) of this section is not subject to division (F) of4742
this section and shall be used solely for the support of one or4743
more eligible alcohol and drug addiction programs in accordance4744
with divisions (H)(2) and (3) of this section.4745

       (2) The court that imposes a fine under division (H)(1) of4746
this section shall specify in the judgment that imposes the fine4747
one or more eligible alcohol and drug addiction programs for the4748
support of which the fine money is to be used. No alcohol and4749
drug addiction program shall receive or use money paid or4750
collected in satisfaction of a fine imposed under division (H)(1)4751
of this section unless the program is specified in the judgment4752
that imposes the fine. No alcohol and drug addiction program4753
shall be specified in the judgment unless the program is an4754
eligible alcohol and drug addiction program and, except as4755
otherwise provided in division (H)(2) of this section, unless the4756
program is located in the county in which the court that imposes4757
the fine is located or in a county that is immediately contiguous4758
to the county in which that court is located. If no eligible4759
alcohol and drug addiction program is located in any of those4760
counties, the judgment may specify an eligible alcohol and drug4761
addiction program that is located anywhere within this state.4762

       (3) Notwithstanding any contrary provision of section4763
3719.21 of the Revised Code, the clerk of the court shall pay any4764
fine imposed under division (H)(1) of this section to the eligible4765
alcohol and drug addiction program specified pursuant to division4766
(H)(2) of this section in the judgment. The eligible alcohol and4767
drug addiction program that receives the fine moneys shall use the4768
moneys only for the alcohol and drug addiction services identified4769
in the application for certification under section 3793.06 of the4770
Revised Code or in the application for a license under section4771
3793.11 of the Revised Code filed with the department of alcohol4772
and drug addiction services by the alcohol and drug addiction4773
program specified in the judgment.4774

       (4) Each alcohol and drug addiction program that receives in4775
a calendar year any fine moneys under division (H)(3) of this4776
section shall file an annual report covering that calendar year4777
with the court of common pleas and the board of county4778
commissioners of the county in which the program is located, with4779
the court of common pleas and the board of county commissioners of4780
each county from which the program received the moneys if that4781
county is different from the county in which the program is4782
located, and with the attorney general. The alcohol and drug4783
addiction program shall file the report no later than the first4784
day of March in the calendar year following the calendar year in4785
which the program received the fine moneys. The report shall4786
include statistics on the number of persons served by the alcohol4787
and drug addiction program, identify the types of alcohol and drug4788
addiction services provided to those persons, and include a4789
specific accounting of the purposes for which the fine moneys4790
received were used. No information contained in the report shall4791
identify, or enable a person to determine the identity of, any4792
person served by the alcohol and drug addiction program. Each4793
report received by a court of common pleas, a board of county4794
commissioners, or the attorney general is a public record open for4795
inspection under section 149.43 of the Revised Code.4796

       (5) As used in divisions (H)(1) to (5) of this section:4797

       (a) "Alcohol and drug addiction program" and "alcohol and4798
drug addiction services" have the same meanings as in section4799
3793.01 of the Revised Code.4800

       (b) "Eligible alcohol and drug addiction program" means an4801
alcohol and drug addiction program that is certified under section4802
3793.06 of the Revised Code or licensed under section 3793.11 of4803
the Revised Code by the department of alcohol and drug addiction4804
services.4805

       Sec. 2925.04.  (A) No person shall knowingly cultivate4806
marihuana or knowingly manufacture or otherwise engage in any part4807
of the production of a controlled substance.4808

       (B) This section does not apply to any person listed in4809
division (B)(1), (2), or (3) of section 2925.03 of the Revised4810
Code to the extent and under the circumstances described in those4811
divisions.4812

       (C)(1) Whoever commits a violation of division (A) of this4813
section that involves any drug other than marihuana is guilty of4814
illegal manufacture of drugs, and whoever commits a violation of4815
division (A) of this section that involves marihuana is guilty of4816
illegal cultivation of marihuana.4817

       (2) Except as otherwise provided in this division, if the4818
drug involved in the violation of division (A) of this section is4819
any compound, mixture, preparation, or substance included in4820
schedule I or II, with the exception of marihuana, illegal4821
manufacture of drugs is a felony of the second degree, and,4822
subject to division (E) of this section, the court shall impose as4823
a mandatory prison term one of the prison terms prescribed for a4824
felony of the second degree. If the drug involved in the violation4825
is methamphetamine, any salt, isomer, or salt of an isomer of4826
methamphetamine, or any compound, mixture, preparation, or4827
substance containing methamphetamine or any salt, isomer, or salt4828
of an isomer of methamphetamine and if the offense was committed4829
in the vicinity of a juvenile, in the vicinity of a school, or on4830
public premises, illegal manufacture of drugs is a felony of the4831
first degree, and, subject to division (E) of this section, the4832
court shall impose as a mandatory prison term one of the prison4833
terms prescribed for a felony of the first degree.4834

       (3) If the drug involved in the violation of division (A) of4835
this section is any compound, mixture, preparation, or substance4836
included in schedule III, IV, or V, illegal manufacture of drugs4837
is a felony of the third degree, and there is a presumption for a4838
prison term for the offense.4839

       (4) If the drug involved in the violation is marihuana, the4840
penalty for the offense shall be determined as follows:4841

       (a) Except as otherwise provided in division (C)(4)(b), (c),4842
(d), (e), or (f) of this section, illegal cultivation of marihuana4843
is a minor misdemeanor.4844

       (b) If the amount of marihuana involved equals or exceeds4845
one hundred grams but is less than two hundred grams, illegal4846
cultivation of marihuana is a misdemeanor of the fourth degree.4847

       (c) If the amount of marihuana involved equals or exceeds4848
two hundred grams but is less than one thousand grams, illegal4849
cultivation of marihuana is a felony of the fifth degree, and4850
division (B) of section 2929.13 of the Revised Code applies in4851
determining whether to impose a prison term on the offender.4852

       (d) If the amount of marihuana involved equals or exceeds4853
one thousand grams but is less than five thousand grams, illegal4854
cultivation of marihuana is a felony of the third degree, and4855
division (C) of section 2929.13 of the Revised Code applies in4856
determining whether to impose a prison term on the offender.4857

       (e) If the amount of marihuana involved equals or exceeds4858
five thousand grams but is less than twenty thousand grams,4859
illegal cultivation of marihuana is a felony of the third degree,4860
and there is a presumption for a prison term for the offense.4861

       (f) If the amount of marihuana involved equals or exceeds4862
twenty thousand grams, illegal cultivation of marihuana is a4863
felony of the second degree, and the court shall impose as a4864
mandatory prison term the maximum prison term prescribed for a4865
felony of the second degree.4866

       (D) In addition to any prison term authorized or required by4867
division (C) or (E) of this section and sections 2929.13 and4868
2929.14 of the Revised Code and in addition to any other sanction4869
imposed for the offense under this section or sections 2929.11 to4870
2929.18 of the Revised Code, the court that sentences an offender4871
who is convicted of or pleads guilty to a violation of division4872
(A) of this section shall do all of the following that are4873
applicable regarding the offender:4874

       (1) If the violation of division (A) of this section is a4875
felony of the first, second, or third degree, the court shall4876
impose upon the offender the mandatory fine specified for the4877
offense under division (B)(1) of section 2929.18 of the Revised4878
Code unless, as specified in that division, the court determines4879
that the offender is indigent. The clerk of the court shall pay a4880
mandatory fine or other fine imposed for a violation of this4881
section pursuant to division (A) of section 2929.18 of the Revised4882
Code in accordance with and subject to the requirements of4883
division (F) of section 2925.03 of the Revised Code. The agency4884
that receives the fine shall use the fine as specified in division4885
(F) of section 2925.03 of the Revised Code. If a person is4886
charged with a violation of this section that is a felony of the4887
first, second, or third degree, posts bail, and forfeits the bail,4888
the clerk shall pay the forfeited bail as if the forfeited bail4889
were a fine imposed for a violation of this section.4890

       (2) The court shall revoke or suspend the offender's4891
driver's or commercial driver's license or permit in accordance4892
with division (G) of section 2925.03 of the Revised Code. If an4893
offender's driver's or commercial driver's license or permit is4894
revokedsuspended in accordance with that division, the offender4895
may request termination of, and the court may terminate, the4896
revocationsuspension in accordance with that division.4897

       (3) If the offender is a professionally licensed person or a4898
person who has been admitted to the bar by order of the supreme4899
court in compliance with its prescribed and published rules, the4900
court immediately shall comply with section 2925.38 of the Revised4901
Code.4902

       (E) Notwithstanding the prison term otherwise authorized or4903
required for the offense under division (C) of this section and4904
sections 2929.13 and 2929.14 of the Revised Code, if the violation4905
of division (A) of this section involves the sale, offer to sell,4906
or possession of a schedule I or II controlled substance, with the4907
exception of marihuana, and if the court imposing sentence upon4908
the offender finds that the offender as a result of the violation4909
is a major drug offender and is guilty of a specification of the4910
type described in section 2941.1410 of the Revised Code, the4911
court, in lieu of the prison term otherwise authorized or4912
required, shall impose upon the offender the mandatory prison term4913
specified in division (D)(3)(a) of section 2929.14 of the Revised4914
Code and may impose an additional prison term under division4915
(D)(3)(b) of that section.4916

       (F) It is an affirmative defense, as provided in section4917
2901.05 of the Revised Code, to a charge under this section for a4918
fifth degree felony violation of illegal cultivation of marihuana4919
that the marihuana that gave rise to the charge is in an amount,4920
is in a form, is prepared, compounded, or mixed with substances4921
that are not controlled substances in a manner, or is possessed or4922
cultivated under any other circumstances that indicate that the4923
marihuana was solely for personal use.4924

       Notwithstanding any contrary provision of division (F) of4925
this section, if, in accordance with section 2901.05 of the4926
Revised Code, a person who is charged with a violation of illegal4927
cultivation of marihuana that is a felony of the fifth degree4928
sustains the burden of going forward with evidence of and4929
establishes by a preponderance of the evidence the affirmative4930
defense described in this division, the person may be prosecuted4931
for and may be convicted of or plead guilty to a misdemeanor4932
violation of illegal cultivation of marihuana.4933

       (G) Arrest or conviction for a minor misdemeanor violation4934
of this section does not constitute a criminal record and need not4935
be reported by the person so arrested or convicted in response to4936
any inquiries about the person's criminal record, including any4937
inquiries contained in an application for employment, a license,4938
or any other right or privilege or made in connection with the4939
person's appearance as a witness.4940

       Sec. 2925.05.  (A) No person shall knowingly provide money4941
or other items of value to another person with the purpose that4942
the recipient of the money or items of value use them to obtain4943
any controlled substance for the purpose of violating section4944
2925.04 of the Revised Code or for the purpose of selling or4945
offering to sell the controlled substance in the following amount:4946

       (1) If the drug to be sold or offered for sale is any4947
compound, mixture, preparation, or substance included in schedule4948
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,4949
and hashish, or schedule III, IV, or V, an amount of the drug that4950
equals or exceeds the bulk amount of the drug;4951

       (2) If the drug to be sold or offered for sale is marihuana4952
or a compound, mixture, preparation, or substance other than4953
hashish containing marihuana, an amount of the marihuana that4954
equals or exceeds two hundred grams;4955

       (3) If the drug to be sold or offered for sale is cocaine or4956
a compound, mixture, preparation, or substance containing cocaine,4957
an amount of the cocaine that equals or exceeds five grams if the4958
cocaine is not crack cocaine or equals or exceeds one gram if the4959
cocaine is crack cocaine;4960

       (4) If the drug to be sold or offered for sale is L.S.D. or4961
a compound, mixture, preparation, or substance containing L.S.D.,4962
an amount of the L.S.D. that equals or exceeds ten unit doses if4963
the L.S.D. is in a solid form or equals or exceeds one gram if the4964
L.S.D. is in a liquid concentrate, liquid extract, or liquid4965
distillate form;4966

       (5) If the drug to be sold or offered for sale is heroin or4967
a compound, mixture, preparation, or substance containing heroin,4968
an amount of the heroin that equals or exceeds ten unit doses or4969
equals or exceeds one gram;4970

       (6) If the drug to be sold or offered for sale is hashish or4971
a compound, mixture, preparation, or substance containing hashish,4972
an amount of the hashish that equals or exceeds ten grams if the4973
hashish is in a solid form or equals or exceeds two grams if the4974
hashish is in a liquid concentrate, liquid extract, or liquid4975
distillate form.4976

       (B) This section does not apply to any person listed in4977
division (B)(1), (2), or (3) of section 2925.03 of the Revised4978
Code to the extent and under the circumstances described in those4979
divisions.4980

       (C)(1) If the drug involved in the violation is any4981
compound, mixture, preparation, or substance included in schedule4982
I or II, with the exception of marihuana, whoever violates4983
division (A) of this section is guilty of aggravated funding of4984
drug trafficking, a felony of the first degree, and, subject to4985
division (E) of this section, the court shall impose as a4986
mandatory prison term one of the prison terms prescribed for a4987
felony of the first degree.4988

       (2) If the drug involved in the violation is any compound,4989
mixture, preparation, or substance included in schedule III, IV,4990
or V, whoever violates division (A) of this section is guilty of4991
funding of drug trafficking, a felony of the second degree, and4992
the court shall impose as a mandatory prison term one of the4993
prison terms prescribed for a felony of the second degree.4994

       (3) If the drug involved in the violation is marihuana,4995
whoever violates division (A) of this section is guilty of funding4996
of marihuana trafficking, a felony of the third degree, and the4997
court shall impose as a mandatory prison term one of the prison4998
terms prescribed for a felony of the third degree.4999

       (D) In addition to any prison term authorized or required by5000
division (C) or (E) of this section and sections 2929.13 and5001
2929.14 of the Revised Code and in addition to any other sanction5002
imposed for the offense under this section or sections 2929.11 to5003
2929.18 of the Revised Code, the court that sentences an offender5004
who is convicted of or pleads guilty to a violation of division5005
(A) of this section shall do all of the following that are5006
applicable regarding the offender:5007

       (1) The court shall impose the mandatory fine specified for5008
the offense under division (B)(1) of section 2929.18 of the5009
Revised Code unless, as specified in that division, the court5010
determines that the offender is indigent. The clerk of the court5011
shall pay a mandatory fine or other fine imposed for a violation5012
of this section pursuant to division (A) of section 2929.18 of the5013
Revised Code in accordance with and subject to the requirements of5014
division (F) of section 2925.03 of the Revised Code. The agency5015
that receives the fine shall use the fine in accordance with5016
division (F) of section 2925.03 of the Revised Code. If a person5017
is charged with a violation of this section, posts bail, and5018
forfeits the bail, the forfeited bail shall be paid as if the5019
forfeited bail were a fine imposed for a violation of this5020
section.5021

       (2) The court shall revoke or suspend the offender's5022
driver's or commercial driver's license or permit in accordance5023
with division (G) of section 2925.03 of the Revised Code. If an5024
offender's driver's or commercial driver's license or permit is5025
revokedsuspended in accordance with that division, the offender5026
may request termination of, and the court may terminate, the5027
revocationsuspension in accordance with that division.5028

       (3) If the offender is a professionally licensed person or a5029
person who has been admitted to the bar by order of the supreme5030
court in compliance with its prescribed and published rules, the5031
court immediately shall comply with section 2925.38 of the Revised5032
Code.5033

       (E) Notwithstanding the prison term otherwise authorized or5034
required for the offense under division (C) of this section and5035
sections 2929.13 and 2929.14 of the Revised Code, if the violation5036
of division (A) of this section involves the sale, offer to sell,5037
or possession of a schedule I or II controlled substance, with the5038
exception of marihuana, and if the court imposing sentence upon5039
the offender finds that the offender as a result of the violation5040
is a major drug offender and is guilty of a specification of the5041
type described in section 2941.1410 of the Revised Code, the5042
court, in lieu of the prison term otherwise authorized or5043
required, shall impose upon the offender the mandatory prison term5044
specified in division (D)(3)(a) of section 2929.14 of the Revised5045
Code and may impose an additional prison term under division5046
(D)(3)(b) of that section.5047

       Sec. 2925.06.  (A) No person shall knowingly administer to a5048
human being, or prescribe or dispense for administration to a5049
human being, any anabolic steroid not approved by the United5050
States food and drug administration for administration to human5051
beings.5052

       (B) This section does not apply to any person listed in5053
division (B)(1), (2), or (3) of section 2925.03 of the Revised5054
Code to the extent and under the circumstances described in those5055
divisions.5056

       (C) Whoever violates division (A) of this section is guilty5057
of illegal administration or distribution of anabolic steroids, a5058
felony of the fourth degree, and division (C) of section 2929.135059
of the Revised Code applies in determining whether to impose a5060
prison term on the offender.5061

       (D) In addition to any prison term authorized or required by5062
division (C) of this section and sections 2929.13 and 2929.14 of5063
the Revised Code and in addition to any other sanction imposed for5064
the offense under this section or sections 2929.11 to 2929.18 of5065
the Revised Code, the court that sentences an offender who is5066
convicted of or pleads guilty to a violation of division (A) of5067
this section shall do both of the following:5068

       (1) The court shall revoke or suspend the offender's5069
driver's or commercial driver's license or permit in accordance5070
with division (G) of section 2925.03 of the Revised Code. If an5071
offender's driver's or commercial driver's license or permit is5072
revokedsuspended in accordance with that division, the offender5073
may request termination of, and the court may terminate, the5074
revocationsuspension in accordance with that division.5075

       (2) If the offender is a professionally licensed person or a5076
person who has been admitted to the bar by order of the supreme5077
court in compliance with its prescribed and published rules, the5078
court immediately shall comply with section 2925.38 of the Revised5079
Code.5080

       (E) If a person commits any act that constitutes a violation5081
of division (A) of this section and that also constitutes a5082
violation of any other provision of the Revised Code, the5083
prosecutor, as defined in section 2935.01 of the Revised Code,5084
using customary prosecutorial discretion, may prosecute the person5085
for a violation of the appropriate provision of the Revised Code.5086

       Sec. 2925.11.  (A) No person shall knowingly obtain,5087
possess, or use a controlled substance.5088

       (B) This section does not apply to any of the following:5089

       (1) Manufacturers, licensed health professionals authorized5090
to prescribe drugs, pharmacists, owners of pharmacies, and other5091
persons whose conduct was in accordance with Chapters 3719.,5092
4715., 4723., 4729., 4731., and 4741. of the Revised Code;5093

       (2) If the offense involves an anabolic steroid, any person5094
who is conducting or participating in a research project involving5095
the use of an anabolic steroid if the project has been approved by5096
the United States food and drug administration;5097

       (3) Any person who sells, offers for sale, prescribes,5098
dispenses, or administers for livestock or other nonhuman species5099
an anabolic steroid that is expressly intended for administration5100
through implants to livestock or other nonhuman species and5101
approved for that purpose under the "Federal Food, Drug, and5102
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,5103
and is sold, offered for sale, prescribed, dispensed, or5104
administered for that purpose in accordance with that act;5105

       (4) Any person who obtained the controlled substance5106
pursuant to a prescription issued by a licensed health5107
professional authorized to prescribe drugs.5108

       (C) Whoever violates division (A) of this section is guilty5109
of one of the following:5110

       (1) If the drug involved in the violation is a compound,5111
mixture, preparation, or substance included in schedule I or II,5112
with the exception of marihuana, cocaine, L.S.D., heroin, and5113
hashish, whoever violates division (A) of this section is guilty5114
of aggravated possession of drugs. The penalty for the offense5115
shall be determined as follows:5116

       (a) Except as otherwise provided in division (C)(1)(b), (c),5117
(d), or (e) of this section, aggravated possession of drugs is a5118
felony of the fifth degree, and division (B) of section 2929.13 of5119
the Revised Code applies in determining whether to impose a prison5120
term on the offender.5121

       (b) If the amount of the drug involved equals or exceeds the5122
bulk amount but is less than five times the bulk amount,5123
aggravated possession of drugs is a felony of the third degree,5124
and there is a presumption for a prison term for the offense.5125

       (c) If the amount of the drug involved equals or exceeds5126
five times the bulk amount but is less than fifty times the bulk5127
amount, aggravated possession of drugs is a felony of the second5128
degree, and the court shall impose as a mandatory prison term one5129
of the prison terms prescribed for a felony of the second degree.5130

       (d) If the amount of the drug involved equals or exceeds5131
fifty times the bulk amount but is less than one hundred times the5132
bulk amount, aggravated possession of drugs is a felony of the5133
first degree, and the court shall impose as a mandatory prison5134
term one of the prison terms prescribed for a felony of the first5135
degree.5136

       (e) If the amount of the drug involved equals or exceeds one5137
hundred times the bulk amount, aggravated possession of drugs is a5138
felony of the first degree, the offender is a major drug offender,5139
and the court shall impose as a mandatory prison term the maximum5140
prison term prescribed for a felony of the first degree and may5141
impose an additional mandatory prison term prescribed for a major5142
drug offender under division (D)(3)(b) of section 2929.14 of the5143
Revised Code.5144

       (2) If the drug involved in the violation is a compound,5145
mixture, preparation, or substance included in schedule III, IV,5146
or V, whoever violates division (A) of this section is guilty of5147
possession of drugs. The penalty for the offense shall be5148
determined as follows:5149

       (a) Except as otherwise provided in division (C)(2)(b), (c),5150
or (d) of this section, possession of drugs is a misdemeanor of5151
the third degree or, if the offender previously has been convicted5152
of a drug abuse offense, a misdemeanor of the second degree. If5153
the drug involved in the violation is an anabolic steroid included5154
in schedule III and if the offense is a misdemeanor of the third5155
degree under this division, in lieu of sentencing the offender to5156
a term of imprisonment in a detention facility, the court may5157
place the offender on conditional probation pursuant to division5158
(F) of section 2951.02 of the Revised Code.5159

       (b) If the amount of the drug involved equals or exceeds the5160
bulk amount but is less than five times the bulk amount,5161
possession of drugs is a felony of the fourth degree, and division5162
(C) of section 2929.13 of the Revised Code applies in determining5163
whether to impose a prison term on the offender.5164

       (c) If the amount of the drug involved equals or exceeds5165
five times the bulk amount but is less than fifty times the bulk5166
amount, possession of drugs is a felony of the third degree, and5167
there is a presumption for a prison term for the offense.5168

       (d) If the amount of the drug involved equals or exceeds5169
fifty times the bulk amount, possession of drugs is a felony of5170
the second degree, and the court shall impose upon the offender as5171
a mandatory prison term one of the prison terms prescribed for a5172
felony of the second degree.5173

       (3) If the drug involved in the violation is marihuana or a5174
compound, mixture, preparation, or substance containing marihuana5175
other than hashish, whoever violates division (A) of this section5176
is guilty of possession of marihuana. The penalty for the offense5177
shall be determined as follows:5178

       (a) Except as otherwise provided in division (C)(3)(b), (c),5179
(d), (e), or (f) of this section, possession of marihuana is a5180
minor misdemeanor.5181

       (b) If the amount of the drug involved equals or exceeds one5182
hundred grams but is less than two hundred grams, possession of5183
marihuana is a misdemeanor of the fourth degree.5184

       (c) If the amount of the drug involved equals or exceeds two5185
hundred grams but is less than one thousand grams, possession of5186
marihuana is a felony of the fifth degree, and division (B) of5187
section 2929.13 of the Revised Code applies in determining whether5188
to impose a prison term on the offender.5189

       (d) If the amount of the drug involved equals or exceeds one5190
thousand grams but is less than five thousand grams, possession of5191
marihuana is a felony of the third degree, and division (C) of5192
section 2929.13 of the Revised Code applies in determining whether5193
to impose a prison term on the offender.5194

       (e) If the amount of the drug involved equals or exceeds5195
five thousand grams but is less than twenty thousand grams,5196
possession of marihuana is a felony of the third degree, and there5197
is a presumption that a prison term shall be imposed for the5198
offense.5199

       (f) If the amount of the drug involved equals or exceeds5200
twenty thousand grams, possession of marihuana is a felony of the5201
second degree, and the court shall impose as a mandatory prison5202
term the maximum prison term prescribed for a felony of the second5203
degree.5204

       (4) If the drug involved in the violation is cocaine or a5205
compound, mixture, preparation, or substance containing cocaine,5206
whoever violates division (A) of this section is guilty of5207
possession of cocaine. The penalty for the offense shall be5208
determined as follows:5209

       (a) Except as otherwise provided in division (C)(4)(b), (c),5210
(d), (e), or (f) of this section, possession of cocaine is a5211
felony of the fifth degree, and division (B) of section 2929.13 of5212
the Revised Code applies in determining whether to impose a prison5213
term on the offender.5214

       (b) If the amount of the drug involved equals or exceeds5215
five grams but is less than twenty-five grams of cocaine that is5216
not crack cocaine or equals or exceeds one gram but is less than5217
five grams of crack cocaine, possession of cocaine is a felony of5218
the fourth degree, and there is a presumption for a prison term5219
for the offense.5220

       (c) If the amount of the drug involved equals or exceeds5221
twenty-five grams but is less than one hundred grams of cocaine5222
that is not crack cocaine or equals or exceeds five grams but is5223
less than ten grams of crack cocaine, possession of cocaine is a5224
felony of the third degree, and the court shall impose as a5225
mandatory prison term one of the prison terms prescribed for a5226
felony of the third degree.5227

       (d) If the amount of the drug involved equals or exceeds one5228
hundred grams but is less than five hundred grams of cocaine that5229
is not crack cocaine or equals or exceeds ten grams but is less5230
than twenty-five grams of crack cocaine, possession of cocaine is5231
a felony of the second degree, and the court shall impose as a5232
mandatory prison term one of the prison terms prescribed for a5233
felony of the second degree.5234

       (e) If the amount of the drug involved equals or exceeds5235
five hundred grams but is less than one thousand grams of cocaine5236
that is not crack cocaine or equals or exceeds twenty-five grams5237
but is less than one hundred grams of crack cocaine, possession of5238
cocaine is a felony of the first degree, and the court shall5239
impose as a mandatory prison term one of the prison terms5240
prescribed for a felony of the first degree.5241

       (f) If the amount of the drug involved equals or exceeds one5242
thousand grams of cocaine that is not crack cocaine or equals or5243
exceeds one hundred grams of crack cocaine, possession of cocaine5244
is a felony of the first degree, the offender is a major drug5245
offender, and the court shall impose as a mandatory prison term5246
the maximum prison term prescribed for a felony of the first5247
degree and may impose an additional mandatory prison term5248
prescribed for a major drug offender under division (D)(3)(b) of5249
section 2929.14 of the Revised Code.5250

       (5) If the drug involved in the violation is L.S.D., whoever5251
violates division (A) of this section is guilty of possession of5252
L.S.D. The penalty for the offense shall be determined as5253
follows:5254

       (a) Except as otherwise provided in division (C)(5)(b), (c),5255
(d), (e), or (f) of this section, possession of L.S.D. is a felony5256
of the fifth degree, and division (B) of section 2929.13 of the5257
Revised Code applies in determining whether to impose a prison5258
term on the offender.5259

       (b) If the amount of L.S.D. involved equals or exceeds ten5260
unit doses but is less than fifty unit doses of L.S.D. in a solid5261
form or equals or exceeds one gram but is less than five grams of5262
L.S.D. in a liquid concentrate, liquid extract, or liquid5263
distillate form, possession of L.S.D. is a felony of the fourth5264
degree, and division (C) of section 2929.13 of the Revised Code5265
applies in determining whether to impose a prison term on the5266
offender.5267

       (c) If the amount of L.S.D. involved equals or exceeds fifty5268
unit doses, but is less than two hundred fifty unit doses of5269
L.S.D. in a solid form or equals or exceeds five grams but is less5270
than twenty-five grams of L.S.D. in a liquid concentrate, liquid5271
extract, or liquid distillate form, possession of L.S.D. is a5272
felony of the third degree, and there is a presumption for a5273
prison term for the offense.5274

       (d) If the amount of L.S.D. involved equals or exceeds two5275
hundred fifty unit doses but is less than one thousand unit doses5276
of L.S.D. in a solid form or equals or exceeds twenty-five grams5277
but is less than one hundred grams of L.S.D. in a liquid5278
concentrate, liquid extract, or liquid distillate form, possession5279
of L.S.D. is a felony of the second degree, and the court shall5280
impose as a mandatory prison term one of the prison terms5281
prescribed for a felony of the second degree.5282

       (e) If the amount of L.S.D. involved equals or exceeds one5283
thousand unit doses but is less than five thousand unit doses of5284
L.S.D. in a solid form or equals or exceeds one hundred grams but5285
is less than five hundred grams of L.S.D. in a liquid concentrate,5286
liquid extract, or liquid distillate form, possession of L.S.D. is5287
a felony of the first degree, and the court shall impose as a5288
mandatory prison term one of the prison terms prescribed for a5289
felony of the first degree.5290

       (f) If the amount of L.S.D. involved equals or exceeds five5291
thousand unit doses of L.S.D. in a solid form or equals or exceeds5292
five hundred grams of L.S.D. in a liquid concentrate, liquid5293
extract, or liquid distillate form, possession of L.S.D. is a5294
felony of the first degree, the offender is a major drug offender,5295
and the court shall impose as a mandatory prison term the maximum5296
prison term prescribed for a felony of the first degree and may5297
impose an additional mandatory prison term prescribed for a major5298
drug offender under division (D)(3)(b) of section 2929.14 of the5299
Revised Code.5300

       (6) If the drug involved in the violation is heroin or a5301
compound, mixture, preparation, or substance containing heroin,5302
whoever violates division (A) of this section is guilty of5303
possession of heroin. The penalty for the offense shall be5304
determined as follows:5305

       (a) Except as otherwise provided in division (C)(6)(b), (c),5306
(d), (e), or (f) of this section, possession of heroin is a felony5307
of the fifth degree, and division (B) of section 2929.13 of the5308
Revised Code applies in determining whether to impose a prison5309
term on the offender.5310

       (b) If the amount of the drug involved equals or exceeds ten5311
unit doses but is less than fifty unit doses or equals or exceeds5312
one gram but is less than five grams, possession of heroin is a5313
felony of the fourth degree, and division (C) of section 2929.135314
of the Revised Code applies in determining whether to impose a5315
prison term on the offender.5316

       (c) If the amount of the drug involved equals or exceeds5317
fifty unit doses but is less than one hundred unit doses or equals5318
or exceeds five grams but is less than ten grams, possession of5319
heroin is a felony of the third degree, and there is a presumption5320
for a prison term for the offense.5321

       (d) If the amount of the drug involved equals or exceeds one5322
hundred unit doses but is less than five hundred unit doses or5323
equals or exceeds ten grams but is less than fifty grams,5324
possession of heroin is a felony of the second degree, and the5325
court shall impose as a mandatory prison term one of the prison5326
terms prescribed for a felony of the second degree.5327

       (e) If the amount of the drug involved equals or exceeds5328
five hundred unit doses but is less than two thousand five hundred5329
unit doses or equals or exceeds fifty grams but is less than two5330
hundred fifty grams, possession of heroin is a felony of the first5331
degree, and the court shall impose as a mandatory prison term one5332
of the prison terms prescribed for a felony of the first degree.5333

       (f) If the amount of the drug involved equals or exceeds two5334
thousand five hundred unit doses or equals or exceeds two hundred5335
fifty grams, possession of heroin is a felony of the first degree,5336
the offender is a major drug offender, and the court shall impose5337
as a mandatory prison term the maximum prison term prescribed for5338
a felony of the first degree and may impose an additional5339
mandatory prison term prescribed for a major drug offender under5340
division (D)(3)(b) of section 2929.14 of the Revised Code.5341

       (7) If the drug involved in the violation is hashish or a5342
compound, mixture, preparation, or substance containing hashish,5343
whoever violates division (A) of this section is guilty of5344
possession of hashish. The penalty for the offense shall be5345
determined as follows:5346

       (a) Except as otherwise provided in division (C)(7)(b), (c),5347
(d), (e), or (f) of this section, possession of hashish is a minor5348
misdemeanor.5349

       (b) If the amount of the drug involved equals or exceeds5350
five grams but is less than ten grams of hashish in a solid form5351
or equals or exceeds one gram but is less than two grams of5352
hashish in a liquid concentrate, liquid extract, or liquid5353
distillate form, possession of hashish is a misdemeanor of the5354
fourth degree.5355

       (c) If the amount of the drug involved equals or exceeds ten5356
grams but is less than fifty grams of hashish in a solid form or5357
equals or exceeds two grams but is less than ten grams of hashish5358
in a liquid concentrate, liquid extract, or liquid distillate5359
form, possession of hashish is a felony of the fifth degree, and5360
division (B) of section 2929.13 of the Revised Code applies in5361
determining whether to impose a prison term on the offender.5362

       (d) If the amount of the drug involved equals or exceeds5363
fifty grams but is less than two hundred fifty grams of hashish in5364
a solid form or equals or exceeds ten grams but is less than fifty5365
grams of hashish in a liquid concentrate, liquid extract, or5366
liquid distillate form, possession of hashish is a felony of the5367
third degree, and division (C) of section 2929.13 of the Revised5368
Code applies in determining whether to impose a prison term on the5369
offender.5370

       (e) If the amount of the drug involved equals or exceeds two5371
hundred fifty grams but is less than one thousand grams of hashish5372
in a solid form or equals or exceeds fifty grams but is less than5373
two hundred grams of hashish in a liquid concentrate, liquid5374
extract, or liquid distillate form, possession of hashish is a5375
felony of the third degree, and there is a presumption that a5376
prison term shall be imposed for the offense.5377

       (f) If the amount of the drug involved equals or exceeds one5378
thousand grams of hashish in a solid form or equals or exceeds two5379
hundred grams of hashish in a liquid concentrate, liquid extract,5380
or liquid distillate form, possession of hashish is a felony of5381
the second degree, and the court shall impose as a mandatory5382
prison term the maximum prison term prescribed for a felony of the5383
second degree.5384

       (D) Arrest or conviction for a minor misdemeanor violation5385
of this section does not constitute a criminal record and need not5386
be reported by the person so arrested or convicted in response to5387
any inquiries about the person's criminal record, including any5388
inquiries contained in any application for employment, license, or5389
other right or privilege, or made in connection with the person's5390
appearance as a witness.5391

       (E) In addition to any prison term authorized or required by5392
division (C) of this section and sections 2929.13 and 2929.14 of5393
the Revised Code and in addition to any other sanction that is5394
imposed for the offense under this section or sections 2929.11 to5395
2929.18 of the Revised Code, the court that sentences an offender5396
who is convicted of or pleads guilty to a violation of division5397
(A) of this section shall do all of the following that are5398
applicable regarding the offender:5399

       (1)(a) If the violation is a felony of the first, second, or5400
third degree, the court shall impose upon the offender the5401
mandatory fine specified for the offense under division (B)(1) of5402
section 2929.18 of the Revised Code unless, as specified in that5403
division, the court determines that the offender is indigent.5404

       (b) Notwithstanding any contrary provision of section5405
3719.21 of the Revised Code, the clerk of the court shall pay a5406
mandatory fine or other fine imposed for a violation of this5407
section pursuant to division (A) of section 2929.18 of the Revised5408
Code in accordance with and subject to the requirements of5409
division (F) of section 2925.03 of the Revised Code. The agency5410
that receives the fine shall use the fine as specified in division5411
(F) of section 2925.03 of the Revised Code.5412

       (c) If a person is charged with a violation of this section5413
that is a felony of the first, second, or third degree, posts5414
bail, and forfeits the bail, the clerk shall pay the forfeited5415
bail pursuant to division (E)(1)(b) of this section as if it were5416
a mandatory fine imposed under division (E)(1)(a) of this section.5417

       (2) The court shall suspend for not less than six months or5418
more than five years the offender's driver's or commercial5419
driver's license or permit of any person who is convicted of or5420
has pleaded guilty to a violation of this section.5421

       (3) If the offender is a professionally licensed person or a5422
person who has been admitted to the bar by order of the supreme5423
court in compliance with its prescribed and published rules, in5424
addition to any other sanction imposed for a violation of this5425
section, the court forthwithimmediately shall comply with section5426
2925.38 of the Revised Code.5427

       (F) It is an affirmative defense, as provided in section5428
2901.05 of the Revised Code, to a charge of a fourth degree felony5429
violation under this section that the controlled substance that5430
gave rise to the charge is in an amount, is in a form, is5431
prepared, compounded, or mixed with substances that are not5432
controlled substances in a manner, or is possessed under any other5433
circumstances, that indicate that the substance was possessed5434
solely for personal use. Notwithstanding any contrary provision5435
of this section, if, in accordance with section 2901.05 of the5436
Revised Code, an accused who is charged with a fourth degree5437
felony violation of division (C)(2), (4), (5), or (6) of this5438
section sustains the burden of going forward with evidence of and5439
establishes by a preponderance of the evidence the affirmative5440
defense described in this division, the accused may be prosecuted5441
for and may plead guilty to or be convicted of a misdemeanor5442
violation of division (C)(2) of this section or a fifth degree5443
felony violation of division (C)(4), (5), or (6) of this section5444
respectively.5445

       (G) When a person is charged with possessing a bulk amount5446
or multiple of a bulk amount, division (E) of section 2925.03 of5447
the Revised Code applies regarding the determination of the amount5448
of the controlled substance involved at the time of the offense.5449

       Sec. 2925.12.  (A) No person shall knowingly make, obtain,5450
possess, or use any instrument, article, or thing the customary5451
and primary purpose of which is for the administration or use of a5452
dangerous drug, other than marihuana, when the instrument involved5453
is a hypodermic or syringe, whether or not of crude or5454
extemporized manufacture or assembly, and the instrument, article,5455
or thing involved has been used by the offender to unlawfully5456
administer or use a dangerous drug, other than marihuana, or to5457
prepare a dangerous drug, other than marihuana, for unlawful5458
administration or use.5459

       (B) This section does not apply to manufacturers, licensed5460
health professionals authorized to prescribe drugs, pharmacists,5461
owners of pharmacies, and other persons whose conduct was in5462
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5463
4741. of the Revised Code.5464

       (C) Whoever violates this section is guilty of possessing5465
drug abuse instruments, a misdemeanor of the second degree. If5466
the offender previously has been convicted of a drug abuse5467
offense, a violation of this section is a misdemeanor of the first5468
degree.5469

       (D) In addition to any other sanction imposed upon an5470
offender for a violation of this section, the court shall suspend5471
for not less than six months or more than five years the5472
offender's driver's or commercial driver's license or permit of5473
any person who is convicted of or has pleaded guilty to a5474
violation of this section. If the offender is a professionally5475
licensed person or a person who has been admitted to the bar by5476
order of the supreme court in compliance with its prescribed and5477
published rules, in addition to any other sanction imposed for a5478
violation of this section, the court forthwithimmediately shall5479
comply with section 2925.38 of the Revised Code.5480

       Sec. 2925.13.  (A) No person who is the owner, operator, or5481
person in charge of a locomotive, watercraft, aircraft, or other5482
vehicle, as defined in division (A) of section 4501.01 of the5483
Revised Code, shall knowingly permit the vehicle to be used for5484
the commission of a felony drug abuse offense.5485

       (B) No person who is the owner, lessee, or occupant, or who5486
has custody, control, or supervision, of premises or real estate,5487
including vacant land, shall knowingly permit the premises or real5488
estate, including vacant land, to be used for the commission of a5489
felony drug abuse offense by another person.5490

       (C)(1) Whoever violates this section is guilty of permitting5491
drug abuse.5492

       (2) Except as provided in division (C)(3) of this section,5493
permitting drug abuse is a misdemeanor of the first degree.5494

       (3) Permitting drug abuse is a felony of the fifth degree,5495
and division (C) of section 2929.13 of the Revised Code applies in5496
determining whether to impose a prison term on the offender, if5497
the felony drug abuse offense in question is a violation of5498
section 2925.02 or 2925.03 of the Revised Code.5499

       (D) In addition to any prison term authorized or required by5500
division (C) of this section and sections 2929.13 and 2929.14 of5501
the Revised Code and in addition to any other sanction imposed for5502
the offense under this section or sections 2929.11 to 2929.18 of5503
the Revised Code, the court that sentences a person who is5504
convicted of or pleads guilty to a violation of division (A) of5505
this section shall do all of the following that are applicable5506
regarding the offender:5507

       (1) The court shall suspend for not less than six months or5508
more than five years the offender's driver's or commercial5509
driver's license or permit of the offender.5510

       (2) If the offender is a professionally licensed person or a5511
person who has been admitted to the bar by order of the supreme5512
court in compliance with its prescribed and published rules, in5513
addition to any other sanction imposed for a violation of this5514
section, the court forthwithimmediately shall comply with section5515
2925.38 of the Revised Code.5516

       (E) Notwithstanding any contrary provision of section5517
3719.21 of the Revised Code, the clerk of the court shall pay a5518
fine imposed for a violation of this section pursuant to division5519
(A) of section 2929.18 of the Revised Code in accordance with and5520
subject to the requirements of division (F) of section 2925.03 of5521
the Revised Code. The agency that receives the fine shall use the5522
fine as specified in division (F) of section 2925.03 of the5523
Revised Code.5524

       (F) Any premises or real estate that is permitted to be used5525
in violation of division (B) of this section constitutes a5526
nuisance subject to abatement pursuant to Chapter 3767. of the5527
Revised Code.5528

       Sec. 2925.14.  (A) As used in this section, "drug5529
paraphernalia" means any equipment, product, or material of any5530
kind that is used by the offender, intended by the offender for5531
use, or designed for use, in propagating, cultivating, growing,5532
harvesting, manufacturing, compounding, converting, producing,5533
processing, preparing, testing, analyzing, packaging, repackaging,5534
storing, containing, concealing, injecting, ingesting, inhaling,5535
or otherwise introducing into the human body, a controlled5536
substance in violation of this chapter. "Drug paraphernalia"5537
includes, but is not limited to, any of the following equipment,5538
products, or materials that are used by the offender, intended by5539
the offender for use, or designed by the offender for use, in any5540
of the following manners:5541

       (1) A kit for propagating, cultivating, growing, or5542
harvesting any species of a plant that is a controlled substance5543
or from which a controlled substance can be derived;5544

       (2) A kit for manufacturing, compounding, converting,5545
producing, processing, or preparing a controlled substance;5546

       (3) Any object, instrument, or device for manufacturing,5547
compounding, converting, producing, processing, or preparing5548
methamphetamine or any salt, isomer, or salt of an isomer of5549
methamphetamine;5550

       (4) An isomerization device for increasing the potency of5551
any species of a plant that is a controlled substance;5552

       (5) Testing equipment for identifying, or analyzing the5553
strength, effectiveness, or purity of, a controlled substance;5554

       (6) A scale or balance for weighing or measuring a5555
controlled substance;5556

       (7) A diluent or adulterant, such as quinine hydrochloride,5557
mannitol, mannite, dextrose, or lactose, for cutting a controlled5558
substance;5559

       (8) A separation gin or sifter for removing twigs and seeds5560
from, or otherwise cleaning or refining, marihuana;5561

       (9) A blender, bowl, container, spoon, or mixing device for5562
compounding a controlled substance;5563

       (10) A capsule, balloon, envelope, or container for5564
packaging small quantities of a controlled substance;5565

       (11) A container or device for storing or concealing a5566
controlled substance;5567

       (12) A hypodermic syringe, needle, or instrument for5568
parenterally injecting a controlled substance into the human body;5569

       (13) An object, instrument, or device for ingesting,5570
inhaling, or otherwise introducing into the human body, marihuana,5571
cocaine, hashish, or hashish oil, such as a metal, wooden,5572
acrylic, glass, stone, plastic, or ceramic pipe, with or without a5573
screen, permanent screen, hashish head, or punctured metal bowl;5574
water pipe; carburetion tube or device; smoking or carburetion5575
mask; roach clip or similar object used to hold burning material,5576
such as a marihuana cigarette, that has become too small or too5577
short to be held in the hand; miniature cocaine spoon, or cocaine5578
vial; chamber pipe; carburetor pipe; electric pipe; air driver5579
pipe; chillum; bong; or ice pipe or chiller.5580

       (B) In determining if any equipment, product, or material5581
is drug paraphernalia, a court or law enforcement officer shall5582
consider, in addition to other relevant factors, the following:5583

       (1) Any statement by the owner, or by anyone in control, of5584
the equipment, product, or material, concerning its use;5585

       (2) The proximity in time or space of the equipment,5586
product, or material, or of the act relating to the equipment,5587
product, or material, to a violation of any provision of this5588
chapter;5589

       (3) The proximity of the equipment, product, or material to5590
any controlled substance;5591

       (4) The existence of any residue of a controlled substance5592
on the equipment, product, or material;5593

       (5) Direct or circumstantial evidence of the intent of the5594
owner, or of anyone in control, of the equipment, product, or5595
material, to deliver it to any person whom the owner or person in5596
control of the equipment, product, or material knows intends to5597
use the object to facilitate a violation of any provision of this5598
chapter. A finding that the owner, or anyone in control, of the 5599
equipment, product, or material, is not guilty of a violation of5600
any other provision of this chapter does not prevent a finding5601
that the equipment, product, or material was intended or designed5602
by the offender for use as drug paraphernalia.5603

       (6) Any oral or written instruction provided with the 5604
equipment, product, or material concerning its use;5605

       (7) Any descriptive material accompanying the equipment,5606
product, or material and explaining or depicting its use;5607

       (8) National or local advertising concerning the use of the 5608
equipment, product, or material;5609

       (9) The manner and circumstances in which the equipment,5610
product, or material is displayed for sale;5611

       (10) Direct or circumstantial evidence of the ratio of the5612
sales of the equipment, product, or material to the total sales5613
of the business enterprise;5614

       (11) The existence and scope of legitimate uses of the 5615
equipment, product, or material in the community;5616

       (12) Expert testimony concerning the use of the equipment,5617
product, or material.5618

       (C)(1) No person shall knowingly use, or possess with5619
purpose to use, drug paraphernalia.5620

       (2) No person shall knowingly sell, or possess or5621
manufacture with purpose to sell, drug paraphernalia, if the5622
person knows or reasonably should know that the equipment,5623
product, or material will be used as drug paraphernalia.5624

       (3) No person shall place an advertisement in any newspaper,5625
magazine, handbill, or other publication that is published and5626
printed and circulates primarily within this state, if the person5627
knows that the purpose of the advertisement is to promote the5628
illegal sale in this state of the equipment, product, or material5629
that the offender intended or designed for use as drug5630
paraphernalia.5631

       (D) This section does not apply to manufacturers, licensed5632
health professionals authorized to prescribe drugs, pharmacists,5633
owners of pharmacies, and other persons whose conduct is in5634
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and5635
4741. of the Revised Code. This section shall not be construed to5636
prohibit the possession or use of a hypodermic as authorized by5637
section 3719.172 of the Revised Code.5638

       (E) Notwithstanding sections 2933.42 and 2933.43 of the5639
Revised Code, any drug paraphernalia that was used, possessed,5640
sold, or manufactured in a violation of this section shall be5641
seized, after a conviction for that violation shall be forfeited,5642
and upon forfeiture shall be disposed of pursuant to division5643
(D)(8) of section 2933.41 of the Revised Code.5644

       (F)(1) Whoever violates division (C)(1) of this section is5645
guilty of illegal use or possession of drug paraphernalia, a5646
misdemeanor of the fourth degree.5647

       (2) Except as provided in division (F)(3) of this section,5648
whoever violates division (C)(2) of this section is guilty of5649
dealing in drug paraphernalia, a misdemeanor of the second degree.5650

       (3) Whoever violates division (C)(2) of this section by5651
selling drug paraphernalia to a juvenile is guilty of selling drug5652
paraphernalia to juveniles, a misdemeanor of the first degree.5653

       (4) Whoever violates division (C)(3) of this section is5654
guilty of illegal advertising of drug paraphernalia, a misdemeanor5655
of the second degree.5656

       (G) In addition to any other sanction imposed upon an5657
offender for a violation of this section, the court shall suspend5658
for not less than six months or more than five years the5659
offender's driver's or commercial driver's license or permit of5660
any person who is convicted of or has pleaded guilty to a5661
violation of this section. If the offender is a professionally5662
licensed person or a person who has been admitted to the bar by5663
order of the supreme court in compliance with its prescribed and5664
published rules, in addition to any other sanction imposed for a5665
violation of this section, the court forthwithimmediately shall5666
comply with section 2925.38 of the Revised Code.5667

       Sec. 2925.22.  (A) No person, by deception, as defined in5668
section 2913.01 of the Revised Code, shall procure the5669
administration of, a prescription for, or the dispensing of, a5670
dangerous drug or shall possess an uncompleted preprinted5671
prescription blank used for writing a prescription for a dangerous5672
drug.5673

       (B) Whoever violates this section is guilty of deception to5674
obtain a dangerous drug. The penalty for the offense shall be5675
determined as follows:5676

       (1) If the drug involved is a compound, mixture,5677
preparation, or substance included in schedule I or II, with the5678
exception of marihuana, deception to obtain drugs is a felony of5679
the fourth degree, and division (C) of section 2929.13 of the5680
Revised Code applies in determining whether to impose a prison5681
term on the offender.5682

       (2) If the drug involved is a dangerous drug or a compound,5683
mixture, preparation, or substance included in schedule III, IV,5684
or V or is marihuana, deception to obtain a dangerous drug is a5685
felony of the fifth degree, and division (C) of section 2929.13 of5686
the Revised Code applies in determining whether to impose a prison5687
term on the offender.5688

       (C) In addition to any prison term authorized or required by5689
division (B) of this section and sections 2929.13 and 2929.14 of5690
the Revised Code and in addition to any other sanction imposed for5691
the offense under this section or sections 2929.11 to 2929.18 of5692
the Revised Code, the court that sentences an offender who is5693
convicted of or pleads guilty to a violation of division (A) of5694
this section shall do both of the following:5695

       (1) The court shall suspend for not less than six months or5696
more than five years the offender's driver's or commercial5697
driver's license or permit of any person who is convicted of or5698
has pleaded guilty to a violation of this section.5699

       (2) If the offender is a professionally licensed person or a5700
person who has been admitted to the bar by order of the supreme5701
court in compliance with its prescribed and published rules, in5702
addition to any other sanction imposed for a violation of this5703
section, the court forthwithimmediately shall comply with section5704
2925.38 of the Revised Code.5705

       (D) Notwithstanding any contrary provision of section5706
3719.21 of the Revised Code, the clerk of the court shall pay a5707
fine imposed for a violation of this section pursuant to division5708
(A) of section 2929.18 of the Revised Code in accordance with and5709
subject to the requirements of division (F) of section 2925.03 of5710
the Revised Code. The agency that receives the fine shall use the5711
fine as specified in division (F) of section 2925.03 of the5712
Revised Code.5713

       Sec. 2925.23.  (A) No person shall knowingly make a false5714
statement in any prescription, order, report, or record required5715
by Chapter 3719. or 4729. of the Revised Code.5716

       (B) No person shall intentionally make, utter, or sell, or5717
knowingly possess any of the following that is a false or forged:5718

       (1) Prescription;5719

       (2) Uncompleted preprinted prescription blank used for5720
writing a prescription;5721

       (3) Official written order;5722

       (4) License for a terminal distributor of dangerous drugs as5723
required in section 4729.60 of the Revised Code;5724

       (5) Registration certificate for a wholesale distributor of5725
dangerous drugs as required in section 4729.60 of the Revised5726
Code.5727

       (C) No person, by theft as defined in section 2913.02 of the5728
Revised Code, shall acquire any of the following:5729

       (1) A prescription;5730

       (2) An uncompleted preprinted prescription blank used for5731
writing a prescription;5732

       (3) An official written order;5733

       (4) A blank official written order;5734

       (5) A license or blank license for a terminal distributor of5735
dangerous drugs as required in section 4729.60 of the Revised5736
Code;5737

       (6) A registration certificate or blank registration5738
certificate for a wholesale distributor of dangerous drugs as5739
required in section 4729.60 of the Revised Code.5740

       (D) No person shall knowingly make or affix any false or5741
forged label to a package or receptacle containing any dangerous5742
drugs.5743

       (E) Divisions (A) and (D) of this section do not apply to5744
licensed health professionals authorized to prescribe drugs,5745
pharmacists, owners of pharmacies, and other persons whose conduct5746
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,5747
4731., and 4741. of the Revised Code.5748

       (F) Whoever violates this section is guilty of illegal5749
processing of drug documents. If the offender violates division5750
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this5751
section, illegal processing of drug documents is a felony of the5752
fifth degree. If the offender violates division (A), division5753
(B)(1) or (3), division (C)(1) or (3), or division (D) of this5754
section, the penalty for illegal processing of drug documents5755
shall be determined as follows:5756

       (1) If the drug involved is a compound, mixture,5757
preparation, or substance included in schedule I or II, with the5758
exception of marihuana, illegal processing of drug documents is a5759
felony of the fourth degree, and division (C) of section 2929.135760
of the Revised Code applies in determining whether to impose a5761
prison term on the offender.5762

       (2) If the drug involved is a dangerous drug or a compound,5763
mixture, preparation, or substance included in schedule III, IV,5764
or V or is marihuana, illegal processing of drug documents is a5765
felony of the fifth degree, and division (C) of section 2929.13 of5766
the Revised Code applies in determining whether to impose a prison5767
term on the offender.5768

       (G) In addition to any prison term authorized or required by5769
division (F) of this section and sections 2929.13 and 2929.14 of5770
the Revised Code and in addition to any other sanction imposed for5771
the offense under this section or sections 2929.11 to 2929.18 of5772
the Revised Code, the court that sentences an offender who is5773
convicted of or pleads guilty to any violation of divisions (A) to5774
(D) of this section shall do both of the following:5775

       (1) The court shall suspend for not less than six months or5776
more than five years the offender's driver's or commercial5777
driver's license or permit of any person who is convicted of or5778
has pleaded guilty to a violation of this section.5779

       (2) If the offender is a professionally licensed person or a5780
person who has been admitted to the bar by order of the supreme5781
court in compliance with its prescribed and published rules, in5782
addition to any other sanction imposed for a violation of this5783
section, the court forthwithimmediately shall comply with section5784
2925.38 of the Revised Code.5785

       (H) Notwithstanding any contrary provision of section5786
3719.21 of the Revised Code, the clerk of court shall pay a fine5787
imposed for a violation of this section pursuant to division (A)5788
of section 2929.18 of the Revised Code in accordance with and5789
subject to the requirements of division (F) of section 2925.03 of5790
the Revised Code. The agency that receives the fine shall use the5791
fine as specified in division (F) of section 2925.03 of the5792
Revised Code.5793

       Sec. 2925.31.  (A) Except for lawful research, clinical,5794
medical, dental, or veterinary purposes, no person, with purpose5795
to induce intoxication or similar physiological effects, shall5796
obtain, possess, or use a harmful intoxicant.5797

       (B) Whoever violates this section is guilty of abusing5798
harmful intoxicants, a misdemeanor of the first degree. If the5799
offender previously has been convicted of a drug abuse offense,5800
abusing harmful intoxicants is a felony of the fifth degree.5801

       (C) In addition to any other sanction imposed upon an5802
offender for a violation of this section, the court shall suspend5803
for not less than six months or more than five years the5804
offender's driver's or commercial driver's license or permit of5805
any person who is convicted of or has pleaded guilty to a5806
violation of this section. If the offender is a professionally5807
licensed person or a person who has been admitted to the bar by5808
order of the supreme court in compliance with its prescribed and5809
published rules, in addition to any other sanction imposed for a5810
violation of this section, the court forthwithimmediately shall5811
comply with section 2925.38 of the Revised Code.5812

       Sec. 2925.32.  (A) Divisions (A)(1) and (2) of this section5813
do not apply to the dispensing or distributing of nitrous oxide.5814

       (1) No person shall knowingly dispense or distribute a5815
harmful intoxicant to a person age eighteen or older if the person5816
who dispenses or distributes it knows or has reason to believe5817
that the harmful intoxicant will be used in violation of section5818
2925.31 of the Revised Code.5819

       (2) No person shall knowingly dispense or distribute a5820
harmful intoxicant to a person under age eighteen if the person5821
who dispenses or distributes it knows or has reason to believe5822
that the harmful intoxicant will be used in violation of section5823
2925.31 of the Revised Code. Division (A)(2) of this section does5824
not prohibit either of the following:5825

       (a) Dispensing or distributing a harmful intoxicant to a5826
person under age eighteen if a written order from the juvenile's5827
parent or guardian is provided to the dispenser or distributor;5828

       (b) Dispensing or distributing gasoline or diesel fuel to a5829
person under age eighteen if the dispenser or distributor does not5830
know or have reason to believe the product will be used in5831
violation of section 2925.31 of the Revised Code. Division5832
(A)(2)(a) of this section does not require a person to obtain a5833
written order from the parent or guardian of a person under age5834
eighteen in order to distribute or dispense gasoline or diesel5835
fuel to the person.5836

       (B)(1) No person shall knowingly dispense or distribute5837
nitrous oxide to a person age twenty-one or older if the person5838
who dispenses or distributes it knows or has reason to believe the5839
nitrous oxide will be used in violation of section 2925.31 of the5840
Revised Code.5841

       (2) Except for lawful medical, dental, or clinical purposes,5842
no person shall knowingly dispense or distribute nitrous oxide to5843
a person under age twenty-one.5844

       (3) No person, at the time a cartridge of nitrous oxide is5845
sold to another person, shall sell a device that allows the5846
purchaser to inhale nitrous oxide from cartridges or to hold5847
nitrous oxide released from cartridges for purposes of inhalation.5848
The sale of any such device constitutes a rebuttable presumption5849
that the person knew or had reason to believe that the purchaser5850
intended to abuse the nitrous oxide.5851

       (4) No person who dispenses or distributes nitrous oxide in5852
cartridges shall fail to comply with either of the following:5853

       (a) The record-keeping requirements established under5854
division (F) of this section;5855

       (b) The labeling and transaction identification requirements5856
established under division (G) of this section.5857

       (C) This section does not apply to products used in making,5858
fabricating, assembling, transporting, or constructing a product5859
or structure by manual labor or machinery for sale or lease to5860
another person, or to the mining, refining, or processing of5861
natural deposits.5862

       (D)(1) Whoever violates division (A)(1) or (2) or division5863
(B)(1), (2), or (3) of this section is guilty of trafficking in5864
harmful intoxicants, a felony of the fifth degree. If the5865
offender previously has been convicted of a drug abuse offense,5866
trafficking in harmful intoxicants is a felony of the fourth5867
degree. In addition to any other sanction imposed upon an5868
offender for trafficking in harmful intoxicants, the court shall5869
suspend for not less than six months or more than five years the5870
offender's driver's or commercial driver's license or permit of5871
any person who is convicted of or has pleaded guilty to5872
trafficking in harmful intoxicants. If the offender is a5873
professionally licensed person or a person who has been admitted5874
to the bar by order of the supreme court in compliance with its5875
prescribed and published rules, in addition to any other sanction5876
imposed for trafficking in harmful intoxicants, the court5877
forthwithimmediately shall comply with section 2925.38 of the5878
Revised Code.5879

       (2) Whoever violates division (B)(4)(a) or (b) of this5880
section is guilty of improperly dispensing or distributing nitrous5881
oxide, a misdemeanor of the fourth degree.5882

       (E) It is an affirmative defense to a charge of a violation5883
of division (A)(2) or (B)(2) of this section that:5884

       (1) An individual exhibited to the defendant or an officer5885
or employee of the defendant, for purposes of establishing the5886
individual's age, a driver's license or permit issued by this5887
state, a commercial driver's license or permit issued by this5888
state, an identification card issued pursuant to section 4507.505889
of the Revised Code, for another document that purports to be a5890
license, permit, or identification card described in this5891
division;5892

       (2) The document exhibited appeared to be a genuine,5893
unaltered document, to pertain to the individual, and to establish5894
the individual's age;5895

       (3) The defendant or the officer or employee of the5896
defendant otherwise did not have reasonable cause to believe that5897
the individual was under the age represented.5898

       (F) Beginning July 1, 2001, a person who dispenses or5899
distributes nitrous oxide shall record each transaction involving5900
the dispensing or distributing of the nitrous oxide on a separate5901
card. The person shall require the purchaser to sign the card and5902
provide a complete residence address. The person dispensing or5903
distributing the nitrous oxide shall sign and date the card. The5904
person shall retain the card recording a transaction for one year5905
from the date of the transaction. The person shall maintain the5906
cards at the person's business address and make them available5907
during normal business hours for inspection and copying by5908
officers or employees of the state board of pharmacy or of other5909
law enforcement agencies of this state or the United States that5910
are authorized to investigate violations of Chapter 2925., 3719.,5911
or 4729. of the Revised Code or the federal drug abuse control5912
laws.5913

       The cards used to record each transaction shall inform the5914
purchaser of the following:5915

       (1) That nitrous oxide cartridges are to be used only for5916
purposes of preparing food;5917

       (2) That inhalation of nitrous oxide can have dangerous5918
health effects;5919

       (3) That it is a violation of state law to distribute or5920
dispense cartridges of nitrous oxide to any person under age5921
twenty-one, punishable as a felony of the fifth degree.5922

       (G)(1) Each cartridge of nitrous oxide dispensed or5923
distributed in this state shall bear the following printed5924
warning:5925

       "Nitrous oxide cartridges are to be used only for purposes of5926
preparing food. Nitrous oxide cartridges may not be sold to5927
persons under age twenty-one. Do not inhale contents. Misuse can5928
be dangerous to your health."5929

       (2) Each time a person dispenses or distributes one or more5930
cartridges of nitrous oxide, the person shall mark the packaging5931
containing the cartridges with a label or other device that5932
identifies the person who dispensed or distributed the nitrous5933
oxide and the person's business address.5934

       Sec. 2925.36.  (A) No person shall knowingly furnish another5935
a sample drug.5936

       (B) Division (A) of this section does not apply to5937
manufacturers, wholesalers, pharmacists, owners of pharmacies,5938
licensed health professionals authorized to prescribe drugs, and5939
other persons whose conduct is in accordance with Chapters 3719.,5940
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised Code.5941

       (C)(1) Whoever violates this section is guilty of illegal5942
dispensing of drug samples.5943

       (2) If the drug involved in the offense is a compound,5944
mixture, preparation, or substance included in schedule I or II,5945
with the exception of marihuana, the penalty for the offense shall5946
be determined as follows:5947

       (a) Except as otherwise provided in division (C)(2)(b) of5948
this section, illegal dispensing of drug samples is a felony of5949
the fifth degree, and, subject to division (E) of this section,5950
division (C) of section 2929.13 of the Revised Code applies in5951
determining whether to impose a prison term on the offender.5952

       (b) If the offense was committed in the vicinity of a school5953
or in the vicinity of a juvenile, illegal dispensing of drug5954
samples is a felony of the fourth degree, and, subject to division5955
(E) of this section, division (C) of section 2929.13 of the5956
Revised Code applies in determining whether to impose a prison5957
term on the offender.5958

       (3) If the drug involved in the offense is a dangerous drug5959
or a compound, mixture, preparation, or substance included in5960
schedule III, IV, or V, or is marihuana, the penalty for the5961
offense shall be determined as follows:5962

       (a) Except as otherwise provided in division (C)(3)(b) of5963
this section, illegal dispensing of drug samples is a misdemeanor5964
of the second degree.5965

       (b) If the offense was committed in the vicinity of a school5966
or in the vicinity of a juvenile, illegal dispensing of drug5967
samples is a misdemeanor of the first degree.5968

       (D) In addition to any prison term authorized or required by5969
division (C) or (E) of this section and sections 2929.13 and5970
2929.14 of the Revised Code and in addition to any other sanction5971
imposed for the offense under this section or sections 2929.11 to5972
2929.18 of the Revised Code, the court that sentences an offender5973
who is convicted of or pleads guilty to a violation of division5974
(A) of this section shall do both of the following:5975

       (1) The court shall suspend for not less than six months or5976
more than five years the offender's driver's or commercial5977
driver's license or permit of any person who is convicted of or5978
has pleaded guilty to a violation of this section.5979

       (2) If the offender is a professionally licensed person or a5980
person who has been admitted to the bar by order of the supreme5981
court in compliance with its prescribed and published rules, in5982
addition to any other sanction imposed for a violation of this5983
section, the court forthwithimmediately shall comply with section5984
2925.38 of the Revised Code.5985

       (E) Notwithstanding the prison term authorized or required5986
by division (C) of this section and sections 2929.13 and 2929.145987
of the Revised Code, if the violation of division (A) of this5988
section involves the sale, offer to sell, or possession of a5989
schedule I or II controlled substance, with the exception of5990
marihuana, and if the court imposing sentence upon the offender5991
finds that the offender as a result of the violation is a major5992
drug offender and is guilty of a specification of the type5993
described in section 2941.1410 of the Revised Code, the court, in5994
lieu of the prison term otherwise authorized or required, shall5995
impose upon the offender the mandatory prison term specified in5996
division (D)(3)(a) of section 2929.14 of the Revised Code and may5997
impose an additional prison term under division (D)(3)(b) of that5998
section.5999

       (F) Notwithstanding any contrary provision of section6000
3719.21 of the Revised Code, the clerk of the court shall pay a6001
fine imposed for a violation of this section pursuant to division6002
(A) of section 2929.18 of the Revised Code in accordance with and6003
subject to the requirements of division (F) of section 2925.03 of6004
the Revised Code. The agency that receives the fine shall use the6005
fine as specified in division (F) of section 2925.03 of the6006
Revised Code.6007

       Sec. 2925.37.  (A) No person shall knowingly possess any6008
counterfeit controlled substance.6009

       (B) No person shall knowingly make, sell, offer to sell, or6010
deliver any substance that the person knows is a counterfeit6011
controlled substance.6012

       (C) No person shall make, possess, sell, offer to sell, or6013
deliver any punch, die, plate, stone, or other device knowing or6014
having reason to know that it will be used to print or reproduce a6015
trademark, trade name, or other identifying mark upon a6016
counterfeit controlled substance.6017

       (D) No person shall sell, offer to sell, give, or deliver6018
any counterfeit controlled substance to a juvenile.6019

       (E) No person shall directly or indirectly represent a6020
counterfeit controlled substance as a controlled substance by6021
describing its effects as the physical or psychological effects6022
associated with use of a controlled substance.6023

       (F) No person shall directly or indirectly falsely represent6024
or advertise a counterfeit controlled substance as a controlled6025
substance. As used in this division, "advertise" means engaging6026
in "advertisement," as defined in section 3715.01 of the Revised6027
Code.6028

       (G) Whoever violates division (A) of this section is guilty6029
of possession of counterfeit controlled substances, a misdemeanor6030
of the first degree.6031

       (H) Whoever violates division (B) or (C) of this section is6032
guilty of trafficking in counterfeit controlled substances. Except6033
as otherwise provided in this division, trafficking in counterfeit6034
controlled substances is a felony of the fifth degree, and6035
division (C) of section 2929.13 of the Revised Code applies in6036
determining whether to impose a prison term on the offender. If6037
the offense was committed in the vicinity of a school or in the6038
vicinity of a juvenile, trafficking in counterfeit controlled6039
substances is a felony of the fourth degree, and division (C) of6040
section 2929.13 of the Revised Code applies in determining whether6041
to impose a prison term on the offender.6042

       (I) Whoever violates division (D) of this section is guilty6043
of aggravated trafficking in counterfeit controlled substances.6044
Except as otherwise provided in this division, aggravated6045
trafficking in counterfeit controlled substances is a felony of6046
the fourth degree, and division (C) of section 2929.13 of the6047
Revised Code applies in determining whether to impose a prison6048
term on the offender.6049

       (J) Whoever violates division (E) of this section is guilty6050
of promoting and encouraging drug abuse. Except as otherwise6051
provided in this division, promoting and encouraging drug abuse is6052
a felony of the fifth degree, and division (C) of section 2929.136053
of the Revised Code applies in determining whether to impose a6054
prison term on the offender. If the offense was committed in the6055
vicinity of a school or in the vicinity of a juvenile, promoting6056
and encouraging drug abuse is a felony of the fourth degree, and6057
division (C) of section 2929.13 of the Revised Code applies in6058
determining whether to impose a prison term on the offender.6059

       (K) Whoever violates division (F) of this section is guilty6060
of fraudulent drug advertising. Except as otherwise provided in6061
this division, fraudulent drug advertising is a felony of the6062
fifth degree, and division (C) of section 2929.13 of the Revised6063
Code applies in determining whether to impose a prison term on the6064
offender. If the offense was committed in the vicinity of a6065
school or in the vicinity of a juvenile, fraudulent drug6066
advertising is a felony of the fourth degree, and division (C) of6067
section 2929.13 of the Revised Code applies in determining whether6068
to impose a prison term on the offender.6069

       (L) In addition to any prison term authorized or required by6070
divisions (H) to (K) of this section and sections 2929.13 and6071
2929.14 of the Revised Code and in addition to any other sanction6072
imposed for the offense under this section or sections 2929.11 to6073
2929.18 of the Revised Code, the court that sentences an offender6074
who is convicted of or pleads guilty to a violation of division6075
(B), (C), (D), (E), or (F) of this section shall do both of the6076
following:6077

       (1) The court shall suspend for not less than six months or6078
more than five years the offender's driver's or commercial6079
driver's license or permit of any person who is convicted of or6080
has pleaded guilty to any other violation of this section.6081

       (2) If the offender is a professionally licensed person or a6082
person who has been admitted to the bar by order of the supreme6083
court in compliance with its prescribed and published rules, in6084
addition to any other sanction imposed for a violation of this6085
section, the court forthwithimmediately shall comply with section6086
2925.38 of the Revised Code.6087

       (M) Notwithstanding any contrary provision of section6088
3719.21 of the Revised Code, the clerk of the court shall pay a6089
fine imposed for a violation of this section pursuant to division6090
(A) of section 2929.18 of the Revised Code in accordance with and6091
subject to the requirements of division (F) of section 2925.03 of6092
the Revised Code. The agency that receives the fine shall use the6093
fine as specified in division (F) of section 2925.03 of the6094
Revised Code.6095

       Sec. 2925.38.  If a person who is convicted of or pleads6096
guilty to a violation of section 2925.02, 2925.03, 2925.04,6097
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,6098
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the6099
Revised Code is a professionally licensed person, in addition to6100
any other sanctions imposed for the violation, the court6101
forthwith, except as otherwise provided in this section,6102
immediately shall transmit a certified copy of the judgment entry6103
of conviction to the regulatory or licensing board or agency that6104
has the administrative authority to suspend or revoke the6105
offender's professional license. If athe professionally licensed6106
person who is convicted of or pleads guilty to a violation of any6107
section listed in this section is a person who has been admitted6108
to the bar by order of the supreme court in compliance with its6109
prescribed and published rules, in addition to any other sanctions6110
imposed for the violation, the court forthwithimmediately shall6111
transmit a certified copy of the judgment entry of conviction to6112
the secretary of the board of commissioners on grievances and6113
discipline of the supreme court and to either the disciplinary6114
counsel or the president, secretary, and chairperson of each6115
certified grievance committee.6116

       Sec. 2929.01.  As used in this chapter:6117

       (A)(1) "Alternative residential facility" means, subject to6118
division (A)(2) of this section, any facility other than an6119
offender's home or residence in which an offender is assigned to6120
live and that satisfies all of the following criteria:6121

       (a) It provides programs through which the offender may seek6122
or maintain employment or may receive education, training,6123
treatment, or habilitation.6124

       (b) It has received the appropriate license or certificate6125
for any specialized education, training, treatment, habilitation,6126
or other service that it provides from the government agency that6127
is responsible for licensing or certifying that type of education,6128
training, treatment, habilitation, or service.6129

       (2) "Alternative residential facility" does not include a6130
community-based correctional facility, jail, halfway house, or6131
prison.6132

       (B) "Bad time" means the time by which the parole board6133
administratively extends an offender's stated prison term or terms6134
pursuant to section 2967.11 of the Revised Code because the parole6135
board finds by clear and convincing evidence that the offender,6136
while serving the prison term or terms, committed an act that is a6137
criminal offense under the law of this state or the United States,6138
whether or not the offender is prosecuted for the commission of6139
that act.6140

       (C) "Basic probation supervision" means a requirement that6141
the offender maintain contact with a person appointed to supervise6142
the offender in accordance with sanctions imposed by the court or6143
imposed by the parole board pursuant to section 2967.28 of the6144
Revised Code. "Basic probation supervision" includes basic parole6145
supervision and basic post-release control supervision.6146

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and6147
"unit dose" have the same meanings as in section 2925.01 of the6148
Revised Code.6149

       (E) "Community-based correctional facility" means a6150
community-based correctional facility and program or district6151
community-based correctional facility and program developed6152
pursuant to sections 2301.51 to 2301.56 of the Revised Code.6153

       (F) "Community control sanction" means a sanction that is6154
not a prison term and that is described in section 2929.15,6155
2929.16, 2929.17, or 2929.18 of the Revised Code.6156

       (G) "Controlled substance," "marihuana," "schedule I," and6157
"schedule II" have the same meanings as in section 3719.01 of the6158
Revised Code.6159

       (H) "Curfew" means a requirement that an offender during a6160
specified period of time be at a designated place.6161

       (I) "Day reporting" means a sanction pursuant to which an6162
offender is required each day to report to and leave a center or6163
other approved reporting location at specified times in order to6164
participate in work, education or training, treatment, and other6165
approved programs at the center or outside the center.6166

       (J) "Deadly weapon" has the same meaning as in section6167
2923.11 of the Revised Code.6168

       (K) "Drug and alcohol use monitoring" means a program under6169
which an offender agrees to submit to random chemical analysis of6170
the offender's blood, breath, or urine to determine whether the6171
offender has ingested any alcohol or other drugs.6172

       (L) "Drug treatment program" means any program under which a6173
person undergoes assessment and treatment designed to reduce or6174
completely eliminate the person's physical or emotional reliance6175
upon alcohol, another drug, or alcohol and another drug and under6176
which the person may be required to receive assessment and6177
treatment on an outpatient basis or may be required to reside at a6178
facility other than the person's home or residence while6179
undergoing assessment and treatment.6180

       (M) "Economic loss" means any economic detriment suffered by6181
a victim as a result of the commission of a felony and includes6182
any loss of income due to lost time at work because of any injury6183
caused to the victim, and any property loss, medical cost, or6184
funeral expense incurred as a result of the commission of the6185
felony.6186

       (N) "Education or training" includes study at, or in6187
conjunction with a program offered by, a university, college, or6188
technical college or vocational study and also includes the6189
completion of primary school, secondary school, and literacy6190
curricula or their equivalent.6191

       (O) "Electronically monitored house arrest" has the same6192
meaning as in section 2929.23 of the Revised Code.6193

       (P) "Eligible offender" has the same meaning as in section6194
2929.23 of the Revised Code except as otherwise specified in6195
section 2929.20 of the Revised Code.6196

       (Q) "Firearm" has the same meaning as in section 2923.11 of6197
the Revised Code.6198

       (R) "Halfway house" means a facility licensed by the6199
division of parole and community services of the department of6200
rehabilitation and correction pursuant to section 2967.14 of the6201
Revised Code as a suitable facility for the care and treatment of6202
adult offenders.6203

       (S) "House arrest" means a period of confinement of an6204
eligible offender that is in the eligible offender's home or in6205
other premises specified by the sentencing court or by the parole6206
board pursuant to section 2967.28 of the Revised Code, that may be6207
electronically monitored house arrest, and during which all of the6208
following apply:6209

       (1) The eligible offender is required to remain in the6210
eligible offender's home or other specified premises for the6211
specified period of confinement, except for periods of time during6212
which the eligible offender is at the eligible offender's place of6213
employment or at other premises as authorized by the sentencing6214
court or by the parole board.6215

       (2) The eligible offender is required to report periodically6216
to a person designated by the court or parole board.6217

       (3) The eligible offender is subject to any other6218
restrictions and requirements that may be imposed by the6219
sentencing court or by the parole board.6220

       (T) "Intensive probation supervision" means a requirement6221
that an offender maintain frequent contact with a person appointed6222
by the court, or by the parole board pursuant to section 2967.286223
of the Revised Code, to supervise the offender while the offender6224
is seeking or maintaining necessary employment and participating6225
in training, education, and treatment programs as required in the6226
court's or parole board's order. "Intensive probation6227
supervision" includes intensive parole supervision and intensive6228
post-release control supervision.6229

       (U) "Jail" means a jail, workhouse, minimum security jail,6230
or other residential facility used for the confinement of alleged6231
or convicted offenders that is operated by a political subdivision6232
or a combination of political subdivisions of this state.6233

       (V) "Delinquent child" has the same meaning as in section6234
2152.02 of the Revised Code.6235

       (W) "License violation report" means a report that is made6236
by a sentencing court, or by the parole board pursuant to section6237
2967.28 of the Revised Code, to the regulatory or licensing board6238
or agency that issued an offender a professional license or a6239
license or permit to do business in this state and that specifies6240
that the offender has been convicted of or pleaded guilty to an6241
offense that may violate the conditions under which the offender's6242
professional license or license or permit to do business in this6243
state was granted or an offense for which the offender's6244
professional license or license or permit to do business in this6245
state may be revoked or suspended.6246

       (X) "Major drug offender" means an offender who is convicted6247
of or pleads guilty to the possession of, sale of, or offer to6248
sell any drug, compound, mixture, preparation, or substance that6249
consists of or contains at least one thousand grams of hashish; at6250
least one hundred grams of crack cocaine; at least one thousand6251
grams of cocaine that is not crack cocaine; at least two thousand6252
five hundred unit doses or two hundred fifty grams of heroin; at6253
least five thousand unit doses of L.S.D. or five hundred grams of6254
L.S.D. in a liquid concentrate, liquid extract, or liquid6255
distillate form; or at least one hundred times the amount of any6256
other schedule I or II controlled substance other than marihuana6257
that is necessary to commit a felony of the third degree pursuant6258
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised6259
Code that is based on the possession of, sale of, or offer to sell6260
the controlled substance.6261

       (Y) "Mandatory prison term" means any of the following:6262

       (1) Subject to division (Y)(2) of this section, the term in6263
prison that must be imposed for the offenses or circumstances set6264
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and6265
division (D) of section 2929.14 of the Revised Code. Except as6266
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and6267
2925.11 of the Revised Code, unless the maximum or another6268
specific term is required under section 2929.14 of the Revised6269
Code, a mandatory prison term described in this division may be6270
any prison term authorized for the level of offense.6271

       (2) The term of sixty or one hundred twenty days in prison6272
that a sentencing court is required to impose for a third or6273
fourth degree felony OMVIOVI offense pursuant to division (G)(2)6274
of section 2929.13 and division (A)(4)(G)(1)(d) or (8)(e) of6275
section 4511.994511.19 of the Revised Code.6276

       (3) The term in prison imposed pursuant to section 2971.036277
of the Revised Code for the offenses and in the circumstances6278
described in division (F)(11) of section 2929.13 of the Revised6279
Code and that term as modified or terminated pursuant to section6280
2971.05 of the Revised Code.6281

       (Z) "Monitored time" means a period of time during which an6282
offender continues to be under the control of the sentencing court6283
or parole board, subject to no conditions other than leading a6284
law-abiding life.6285

       (AA) "Offender" means a person who, in this state, is6286
convicted of or pleads guilty to a felony or a misdemeanor.6287

       (BB) "Prison" means a residential facility used for the6288
confinement of convicted felony offenders that is under the6289
control of the department of rehabilitation and correction but6290
does not include a violation sanction center operated under6291
authority of section 2967.141 of the Revised Code.6292

       (CC) "Prison term" includes any of the following sanctions6293
for an offender:6294

       (1) A stated prison term;6295

       (2) A term in a prison shortened by, or with the approval6296
of, the sentencing court pursuant to section 2929.20, 2967.26,6297
5120.031, 5120.032, or 5120.073 of the Revised Code;6298

       (3) A term in prison extended by bad time imposed pursuant6299
to section 2967.11 of the Revised Code or imposed for a violation6300
of post-release control pursuant to section 2967.28 of the Revised6301
Code.6302

       (DD) "Repeat violent offender" means a person about whom6303
both of the following apply:6304

       (1) The person has been convicted of or has pleaded guilty6305
to, and is being sentenced for committing, for complicity in6306
committing, or for an attempt to commit, aggravated murder,6307
murder, involuntary manslaughter, a felony of the first degree6308
other than one set forth in Chapter 2925. of the Revised Code, a6309
felony of the first degree set forth in Chapter 2925. of the6310
Revised Code that involved an attempt to cause serious physical6311
harm to a person or that resulted in serious physical harm to a6312
person, or a felony of the second degree that involved an attempt6313
to cause serious physical harm to a person or that resulted in6314
serious physical harm to a person.6315

       (2) Either of the following applies:6316

       (a) The person previously was convicted of or pleaded guilty6317
to, and previously served or, at the time of the offense was6318
serving, a prison term for, any of the following:6319

       (i) Aggravated murder, murder, involuntary manslaughter,6320
rape, felonious sexual penetration as it existed under section6321
2907.12 of the Revised Code prior to September 3, 1996, a felony6322
of the first or second degree that resulted in the death of a6323
person or in physical harm to a person, or complicity in or an6324
attempt to commit any of those offenses;6325

       (ii) An offense under an existing or former law of this6326
state, another state, or the United States that is or was6327
substantially equivalent to an offense listed under division6328
(DD)(2)(a)(i) of this section and that resulted in the death of a6329
person or in physical harm to a person.6330

       (b) The person previously was adjudicated a delinquent child6331
for committing an act that if committed by an adult would have6332
been an offense listed in division (DD)(2)(a)(i) or (ii) of this6333
section, the person was committed to the department of youth6334
services for that delinquent act.6335

       (EE) "Sanction" means any penalty imposed upon an offender6336
who is convicted of or pleads guilty to an offense, as punishment6337
for the offense. "Sanction" includes any sanction imposed6338
pursuant to any provision of sections 2929.14 to 2929.18 of the6339
Revised Code.6340

       (FF) "Sentence" means the sanction or combination of6341
sanctions imposed by the sentencing court on an offender who is6342
convicted of or pleads guilty to a felony.6343

       (GG) "Stated prison term" means the prison term, mandatory6344
prison term, or combination of all prison terms and mandatory6345
prison terms imposed by the sentencing court pursuant to section6346
2929.14 or 2971.03 of the Revised Code. "Stated prison term"6347
includes any credit received by the offender for time spent in6348
jail awaiting trial, sentencing, or transfer to prison for the6349
offense and any time spent under house arrest or electronically6350
monitored house arrest imposed after earning credits pursuant to6351
section 2967.193 of the Revised Code.6352

       (HH) "Victim-offender mediation" means a reconciliation or6353
mediation program that involves an offender and the victim of the6354
offense committed by the offender and that includes a meeting in6355
which the offender and the victim may discuss the offense, discuss6356
restitution, and consider other sanctions for the offense.6357

       (II) "Fourth degree felony OMVIOVI offense" means a6358
violation of division (A) of section 4511.19 of the Revised Code6359
that, under division (G) of that section 4511.99 of the Revised6360
Code, is a felony of the fourth degree.6361

       (JJ) "Mandatory term of local incarceration" means the term6362
of sixty or one hundred twenty days in a jail, a community-based6363
correctional facility, a halfway house, or an alternative6364
residential facility that a sentencing court may impose upon a6365
person who is convicted of or pleads guilty to a fourth degree6366
felony OMVIOVI offense pursuant to division (G)(1) of section6367
2929.13 of the Revised Code and division (A)(4)(G)(1)(d) or (8)(e)6368
of section 4511.994511.19 of the Revised Code.6369

       (KK) "Designated homicide, assault, or kidnapping offense,"6370
"sexual motivation specification," "sexually violent offense,"6371
"sexually violent predator," and "sexually violent predator6372
specification" have the same meanings as in section 2971.01 of the6373
Revised Code.6374

       (LL) "Habitual sex offender," "sexually oriented offense,"6375
and "sexual predator" have the same meanings as in section 2950.016376
of the Revised Code.6377

       (MM) An offense is "committed in the vicinity of a child" if6378
the offender commits the offense within thirty feet of or within6379
the same residential unit as a child who is under eighteen years6380
of age, regardless of whether the offender knows the age of the6381
child or whether the offender knows the offense is being committed6382
within thirty feet of or within the same residential unit as the6383
child and regardless of whether the child actually views the6384
commission of the offense.6385

       (NN) "Family or household member" has the same meaning as in6386
section 2919.25 of the Revised Code.6387

       (OO) "Motor vehicle" and "manufactured home" have the same6388
meanings as in section 4501.01 of the Revised Code.6389

       (PP) "Detention" and "detention facility" have the same6390
meanings as in section 2921.01 of the Revised Code.6391

       (QQ) "Third degree felony OMVIOVI offense" means a6392
violation of division (A) of section 4511.19 of the Revised Code6393
that, under division (G) of that section 4511.99 of the Revised6394
Code, is a felony of the third degree.6395

       (RR) "Random drug testing" has the same meaning as in6396
section 5120.63 of the Revised Code.6397

       (SS) "Felony sex offense" has the same meaning as in section6398
2957.28 of the Revised Code.6399

       (TT) "Body armor" has the same meaning as in section6400
2941.1411 of the Revised Code.6401

       Sec. 2929.13.  (A) Except as provided in division (E), (F),6402
or (G) of this section and unless a specific sanction is required6403
to be imposed or is precluded from being imposed pursuant to law,6404
a court that imposes a sentence upon an offender for a felony may6405
impose any sanction or combination of sanctions on the offender6406
that are provided in sections 2929.14 to 2929.18 of the Revised6407
Code. The sentence shall not impose an unnecessary burden on6408
state or local government resources.6409

       If the offender is eligible to be sentenced to community6410
control sanctions, the court shall consider the appropriateness of6411
imposing a financial sanction pursuant to section 2929.18 of the6412
Revised Code or a sanction of community service pursuant to6413
section 2929.17 of the Revised Code as the sole sanction for the6414
offense. Except as otherwise provided in this division, if the6415
court is required to impose a mandatory prison term for the6416
offense for which sentence is being imposed, the court also may6417
impose a financial sanction pursuant to section 2929.18 of the6418
Revised Code but may not impose any additional sanction or6419
combination of sanctions under section 2929.16 or 2929.17 of the6420
Revised Code.6421

       If the offender is being sentenced for a fourth degree felony6422
OMVIOVI offense or for a third degree felony OMVIOVI offense, in6423
addition to the mandatory term of local incarceration or the6424
mandatory prison term required for the offense by division (G)(1)6425
or (2) of this section, the court shall impose upon the offender a6426
mandatory fine in accordance with division (B)(3) of section6427
2929.18 of the Revised Code and may impose whichever of the6428
following is applicable:6429

       (1) For a fourth degree felony OMVIOVI offense for which6430
sentence is imposed under division (G)(1) of this section, an6431
additional community control sanction or combination of community6432
control sanctions under section 2929.16 or 2929.17 of the Revised6433
Code;6434

       (2) For a third or fourth degree felony OMVIOVI offense for6435
which sentence is imposed under division (G)(2) of this section,6436
an additional prison term as described in division (D)(4) of6437
section 2929.14 of the Revised Code.6438

       (B)(1) Except as provided in division (B)(2), (E), (F), or6439
(G) of this section, in sentencing an offender for a felony of the6440
fourth or fifth degree, the sentencing court shall determine6441
whether any of the following apply:6442

       (a) In committing the offense, the offender caused physical6443
harm to a person.6444

       (b) In committing the offense, the offender attempted to6445
cause or made an actual threat of physical harm to a person with a6446
deadly weapon.6447

       (c) In committing the offense, the offender attempted to6448
cause or made an actual threat of physical harm to a person, and6449
the offender previously was convicted of an offense that caused6450
physical harm to a person.6451

       (d) The offender held a public office or position of trust6452
and the offense related to that office or position; the offender's6453
position obliged the offender to prevent the offense or to bring6454
those committing it to justice; or the offender's professional6455
reputation or position facilitated the offense or was likely to6456
influence the future conduct of others.6457

       (e) The offender committed the offense for hire or as part6458
of an organized criminal activity.6459

       (f) The offense is a sex offense that is a fourth or fifth6460
degree felony violation of section 2907.03, 2907.04, 2907.05,6461
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the6462
Revised Code.6463

       (g) The offender at the time of the offense was serving, or6464
the offender previously had served, a prison term.6465

       (h) The offender committed the offense while under a6466
community control sanction, while on probation, or while released6467
from custody on a bond or personal recognizance.6468

       (i) The offender committed the offense while in possession6469
of a firearm.6470

       (2)(a) If the court makes a finding described in division6471
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this6472
section and if the court, after considering the factors set forth6473
in section 2929.12 of the Revised Code, finds that a prison term6474
is consistent with the purposes and principles of sentencing set6475
forth in section 2929.11 of the Revised Code and finds that the6476
offender is not amenable to an available community control6477
sanction, the court shall impose a prison term upon the offender.6478

       (b) Except as provided in division (E), (F), or (G) of this6479
section, if the court does not make a finding described in6480
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of6481
this section and if the court, after considering the factors set6482
forth in section 2929.12 of the Revised Code, finds that a6483
community control sanction or combination of community control6484
sanctions is consistent with the purposes and principles of6485
sentencing set forth in section 2929.11 of the Revised Code, the6486
court shall impose a community control sanction or combination of6487
community control sanctions upon the offender.6488

       (C) Except as provided in division (E), (F), or (G) of this6489
section, in determining whether to impose a prison term as a6490
sanction for a felony of the third degree or a felony drug offense6491
that is a violation of a provision of Chapter 2925. of the Revised6492
Code and that is specified as being subject to this division for6493
purposes of sentencing, the sentencing court shall comply with the6494
purposes and principles of sentencing under section 2929.11 of the6495
Revised Code and with section 2929.12 of the Revised Code.6496

       (D) Except as provided in division (E) or (F) of this6497
section, for a felony of the first or second degree and for a6498
felony drug offense that is a violation of any provision of6499
Chapter 2925., 3719., or 4729. of the Revised Code for which a6500
presumption in favor of a prison term is specified as being6501
applicable, it is presumed that a prison term is necessary in6502
order to comply with the purposes and principles of sentencing6503
under section 2929.11 of the Revised Code. Notwithstanding the6504
presumption established under this division, the sentencing court6505
may impose a community control sanction or a combination of6506
community control sanctions instead of a prison term on an6507
offender for a felony of the first or second degree or for a6508
felony drug offense that is a violation of any provision of6509
Chapter 2925., 3719., or 4729. of the Revised Code for which a6510
presumption in favor of a prison term is specified as being6511
applicable if it makes both of the following findings:6512

       (1) A community control sanction or a combination of6513
community control sanctions would adequately punish the offender6514
and protect the public from future crime, because the applicable6515
factors under section 2929.12 of the Revised Code indicating a6516
lesser likelihood of recidivism outweigh the applicable factors6517
under that section indicating a greater likelihood of recidivism.6518

       (2) A community control sanction or a combination of6519
community control sanctions would not demean the seriousness of6520
the offense, because one or more factors under section 2929.12 of6521
the Revised Code that indicate that the offender's conduct was6522
less serious than conduct normally constituting the offense are6523
applicable, and they outweigh the applicable factors under that6524
section that indicate that the offender's conduct was more serious6525
than conduct normally constituting the offense.6526

       (E)(1) Except as provided in division (F) of this section,6527
for any drug offense that is a violation of any provision of6528
Chapter 2925. of the Revised Code and that is a felony of the6529
third, fourth, or fifth degree, the applicability of a presumption6530
under division (D) of this section in favor of a prison term or of6531
division (B) or (C) of this section in determining whether to6532
impose a prison term for the offense shall be determined as6533
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6534
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the6535
Revised Code, whichever is applicable regarding the violation.6536

       (2) If an offender who was convicted of or pleaded guilty to6537
a felony violates the conditions of a community control sanction6538
imposed for the offense solely by reason of producing positive6539
results on a drug test, the court, as punishment for the violation6540
of the sanction, shall not order that the offender be imprisoned6541
unless the court determines on the record either of the following:6542

       (a) The offender had been ordered as a sanction for the6543
felony to participate in a drug treatment program, in a drug6544
education program, or in narcotics anonymous or a similar program,6545
and the offender continued to use illegal drugs after a reasonable6546
period of participation in the program.6547

       (b) The imprisonment of the offender for the violation is6548
consistent with the purposes and principles of sentencing set6549
forth in section 2929.11 of the Revised Code.6550

       (F) Notwithstanding divisions (A) to (E) of this section,6551
the court shall impose a prison term or terms under sections6552
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the6553
Revised Code and except as specifically provided in section6554
2929.20 or 2967.191 of the Revised Code or when parole is6555
authorized for the offense under section 2967.13 of the Revised6556
Code shall not reduce the terms pursuant to section 2929.20,6557
section 2967.193, or any other provision of Chapter 2967. or6558
Chapter 5120. of the Revised Code for any of the following6559
offenses:6560

       (1) Aggravated murder when death is not imposed or murder;6561

       (2) Any rape, regardless of whether force was involved and6562
regardless of the age of the victim, or an attempt to commit rape6563
by force when the victim is under thirteen years of age;6564

       (3) Gross sexual imposition or sexual battery, if the victim6565
is under thirteen years of age, if the offender previously was6566
convicted of or pleaded guilty to rape, the former offense of6567
felonious sexual penetration, gross sexual imposition, or sexual6568
battery, and if the victim of the previous offense was under6569
thirteen years of age;6570

       (4) A felony violation of section 2903.04, 2903.06, 2903.08,6571
2903.11, 2903.12, or 2903.13 of the Revised Code if the section6572
requires the imposition of a prison term;6573

       (5) A first, second, or third degree felony drug offense for6574
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,6575
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or6576
4729.99 of the Revised Code, whichever is applicable regarding the6577
violation, requires the imposition of a mandatory prison term;6578

       (6) Any offense that is a first or second degree felony and6579
that is not set forth in division (F)(1), (2), (3), or (4) of this6580
section, if the offender previously was convicted of or pleaded6581
guilty to aggravated murder, murder, any first or second degree6582
felony, or an offense under an existing or former law of this6583
state, another state, or the United States that is or was6584
substantially equivalent to one of those offenses;6585

       (7) Any offense that is a third degree felony and that is6586
listed in division (DD)(1) of section 2929.01 of the Revised Code6587
if the offender previously was convicted of or pleaded guilty to6588
any offense that is listed in division (DD)(2)(a)(i) or (ii) of6589
section 2929.01 of the Revised Code;6590

       (8) Any offense, other than a violation of section 2923.126591
of the Revised Code, that is a felony, if the offender had a6592
firearm on or about the offender's person or under the offender's6593
control while committing the felony, with respect to a portion of6594
the sentence imposed pursuant to division (D)(1)(a) of section6595
2929.14 of the Revised Code for having the firearm;6596

       (9) Any offense of violence that is a felony, if the6597
offender wore or carried body armor while committing the felony6598
offense of violence, with respect to the portion of the sentence6599
imposed pursuant to division (D)(1)(d) of section 2929.14 of the6600
Revised Code for wearing or carrying the body armor;6601

       (10) Corrupt activity in violation of section 2923.32 of the6602
Revised Code when the most serious offense in the pattern of6603
corrupt activity that is the basis of the offense is a felony of6604
the first degree;6605

       (11) Any sexually violent offense for which the offender6606
also is convicted of or pleads guilty to a sexually violent6607
predator specification that was included in the indictment, count6608
in the indictment, or information charging the sexually violent6609
offense;6610

       (12) A violation of division (A)(1) or (2) of section6611
2921.36 of the Revised Code, or a violation of division (C) of6612
that section involving an item listed in division (A)(1) or (2) of6613
that section, if the offender is an officer or employee of the6614
department of rehabilitation and correction.6615

       (G) Notwithstanding divisions (A) to (E) of this section, if6616
an offender is being sentenced for a fourth degree felony OMVIOVI6617
offense or for a third degree felony OMVIOVI offense, the court6618
shall impose upon the offender a mandatory term of local6619
incarceration or a mandatory prison term in accordance with the6620
following:6621

       (1) If the offender is being sentenced for a fourth degree6622
felony OMVIOVI offense, the court may impose upon the offender a6623
mandatory term of local incarceration of sixty days or one hundred6624
twenty days as specified in division (A)(4)(G)(1)(d) of section6625
4511.994511.19 of the Revised Code or a mandatory term of local6626
incarceration of one hundred twenty days as specified in division6627
(A)(8) of that section. The court shall not reduce the term6628
pursuant to section 2929.20, 2967.193, or any other provision of6629
the Revised Code. The court that imposes a mandatory term of6630
local incarceration under this division shall specify whether the6631
term is to be served in a jail, a community-based correctional6632
facility, a halfway house, or an alternative residential facility,6633
and the offender shall serve the term in the type of facility6634
specified by the court. A mandatory term of local incarceration6635
imposed under division (G)(1) of this section is not subject to6636
extension under section 2967.11 of the Revised Code, to a period6637
of post-release control under section 2967.28 of the Revised Code,6638
or to any other Revised Code provision that pertains to a prison6639
term.6640

       (2) If the offender is being sentenced for a third degree6641
felony OMVIOVI offense, or if the offender is being sentenced for6642
a fourth degree felony OMVIOVI offense and the court does not6643
impose a mandatory term of local incarceration under division6644
(G)(1) of this section, the court shall impose upon the offender a6645
mandatory prison term of sixty days or one hundred twenty days as6646
specified in division (A)(4)(G)(1)(e) of section 4511.994511.196647
of the Revised Code or a mandatory prison term of one hundred6648
twenty days as specified in division (A)(8) of that section. The6649
court shall not reduce the term pursuant to section 2929.20,6650
2967.193, or any other provision of the Revised Code. In no case6651
shall an offender who once has been sentenced to a mandatory term6652
of local incarceration pursuant to division (G)(1) of this section6653
for a fourth degree felony OMVIOVI offense be sentenced to6654
another mandatory term of local incarceration under that division6655
for any violation of division (A) of section 4511.19 of the6656
Revised Code. The court shall not sentence the offender to a6657
community control sanction under section 2929.16 or 2929.17 of the6658
Revised Code. The department of rehabilitation and correction may6659
place an offender sentenced to a mandatory prison term under this6660
division in an intensive program prison established pursuant to6661
section 5120.033 of the Revised Code if the department gave the6662
sentencing judge prior notice of its intent to place the offender6663
in an intensive program prison established under that section and6664
if the judge did not notify the department that the judge6665
disapproved the placement. Upon the establishment of the initial6666
intensive program prison pursuant to section 5120.033 of the6667
Revised Code that is privately operated and managed by a6668
contractor pursuant to a contract entered into under section 9.066669
of the Revised Code, both of the following apply:6670

       (a) The department of rehabilitation and correction shall6671
make a reasonable effort to ensure that a sufficient number of6672
offenders sentenced to a mandatory prison term under this division6673
are placed in the privately operated and managed prison so that6674
the privately operated and managed prison has full occupancy.6675

       (b) Unless the privately operated and managed prison has6676
full occupancy, the department of rehabilitation and correction6677
shall not place any offender sentenced to a mandatory prison term6678
under this division in any intensive program prison established6679
pursuant to section 5120.033 of the Revised Code other than the6680
privately operated and managed prison.6681

       (H) If an offender is being sentenced for a sexually6682
oriented offense committed on or after January 1, 1997, the judge6683
shall require the offender to submit to a DNA specimen collection6684
procedure pursuant to section 2901.07 of the Revised Code if6685
either of the following applies:6686

       (1) The offense was a sexually violent offense, and the6687
offender also was convicted of or pleaded guilty to a sexually6688
violent predator specification that was included in the6689
indictment, count in the indictment, or information charging the6690
sexually violent offense.6691

       (2) The judge imposing sentence for the sexually oriented6692
offense determines pursuant to division (B) of section 2950.09 of6693
the Revised Code that the offender is a sexual predator.6694

       (I) If an offender is being sentenced for a sexually6695
oriented offense committed on or after January 1, 1997, the judge6696
shall include in the sentence a summary of the offender's duty to6697
register pursuant to section 2950.04 of the Revised Code, the6698
offender's duty to provide notice of a change in residence address6699
and register the new residence address pursuant to section 2950.056700
of the Revised Code, the offender's duty to periodically verify6701
the offender's current residence address pursuant to section6702
2950.06 of the Revised Code, and the duration of the duties. The6703
judge shall inform the offender, at the time of sentencing, of6704
those duties and of their duration and, if required under division6705
(A)(2) of section 2950.03 of the Revised Code, shall perform the6706
duties specified in that section.6707

       (J)(1) Except as provided in division (J)(2) of this6708
section, when considering sentencing factors under this section in6709
relation to an offender who is convicted of or pleads guilty to an6710
attempt to commit an offense in violation of section 2923.02 of6711
the Revised Code, the sentencing court shall consider the factors6712
applicable to the felony category of the violation of section6713
2923.02 of the Revised Code instead of the factors applicable to6714
the felony category of the offense attempted.6715

       (2) When considering sentencing factors under this section6716
in relation to an offender who is convicted of or pleads guilty to6717
an attempt to commit a drug abuse offense for which the penalty is6718
determined by the amount or number of unit doses of the controlled6719
substance involved in the drug abuse offense, the sentencing court6720
shall consider the factors applicable to the felony category that6721
the drug abuse offense attempted would be if that drug abuse6722
offense had been committed and had involved an amount or number of6723
unit doses of the controlled substance that is within the next6724
lower range of controlled substance amounts than was involved in6725
the attempt.6726

       (K) As used in this section, "drug abuse offense" has the6727
same meaning as in section 2925.01 of the Revised Code.6728

       Sec. 2929.14.  (A) Except as provided in division (C),6729
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except6730
in relation to an offense for which a sentence of death or life6731
imprisonment is to be imposed, if the court imposing a sentence6732
upon an offender for a felony elects or is required to impose a6733
prison term on the offender pursuant to this chapter and is not6734
prohibited by division (G)(1) of section 2929.13 of the Revised6735
Code from imposing a prison term on the offender, the court shall6736
impose a definite prison term that shall be one of the following:6737

       (1) For a felony of the first degree, the prison term shall6738
be three, four, five, six, seven, eight, nine, or ten years.6739

       (2) For a felony of the second degree, the prison term shall6740
be two, three, four, five, six, seven, or eight years.6741

       (3) For a felony of the third degree, the prison term shall6742
be one, two, three, four, or five years.6743

       (4) For a felony of the fourth degree, the prison term shall6744
be six, seven, eight, nine, ten, eleven, twelve, thirteen,6745
fourteen, fifteen, sixteen, seventeen, or eighteen months.6746

       (5) For a felony of the fifth degree, the prison term shall6747
be six, seven, eight, nine, ten, eleven, or twelve months.6748

       (B) Except as provided in division (C), (D)(1), (D)(2),6749
(D)(3), or (G) of this section, in section 2907.02 of the Revised6750
Code, or in Chapter 2925. of the Revised Code, if the court6751
imposing a sentence upon an offender for a felony elects or is6752
required to impose a prison term on the offender, the court shall6753
impose the shortest prison term authorized for the offense6754
pursuant to division (A) of this section, unless one or more of6755
the following applies:6756

       (1) The offender was serving a prison term at the time of6757
the offense, or the offender previously had served a prison term.6758

       (2) The court finds on the record that the shortest prison6759
term will demean the seriousness of the offender's conduct or will6760
not adequately protect the public from future crime by the6761
offender or others.6762

       (C) Except as provided in division (G) of this section or in6763
Chapter 2925. of the Revised Code, the court imposing a sentence6764
upon an offender for a felony may impose the longest prison term6765
authorized for the offense pursuant to division (A) of this6766
section only upon offenders who committed the worst forms of the6767
offense, upon offenders who pose the greatest likelihood of6768
committing future crimes, upon certain major drug offenders under6769
division (D)(3) of this section, and upon certain repeat violent6770
offenders in accordance with division (D)(2) of this section.6771

       (D)(1)(a) Except as provided in division (D)(1)(e) of this6772
section, if an offender who is convicted of or pleads guilty to a6773
felony also is convicted of or pleads guilty to a specification of6774
the type described in section 2941.141, 2941.144, or 2941.145 of6775
the Revised Code, the court shall impose on the offender one of6776
the following prison terms:6777

       (i) A prison term of six years if the specification is of6778
the type described in section 2941.144 of the Revised Code that6779
charges the offender with having a firearm that is an automatic6780
firearm or that was equipped with a firearm muffler or silencer on6781
or about the offender's person or under the offender's control6782
while committing the felony;6783

       (ii) A prison term of three years if the specification is of6784
the type described in section 2941.145 of the Revised Code that6785
charges the offender with having a firearm on or about the6786
offender's person or under the offender's control while committing6787
the offense and displaying the firearm, brandishing the firearm,6788
indicating that the offender possessed the firearm, or using it to6789
facilitate the offense;6790

       (iii) A prison term of one year if the specification is of6791
the type described in section 2941.141 of the Revised Code that6792
charges the offender with having a firearm on or about the6793
offender's person or under the offender's control while committing6794
the felony.6795

       (b) If a court imposes a prison term on an offender under6796
division (D)(1)(a) of this section, the prison term shall not be6797
reduced pursuant to section 2929.20, section 2967.193, or any6798
other provision of Chapter 2967. or Chapter 5120. of the Revised6799
Code. A court shall not impose more than one prison term on an6800
offender under division (D)(1)(a) of this section for felonies6801
committed as part of the same act or transaction.6802

       (c) Except as provided in division (D)(1)(e) of this6803
section, if an offender who is convicted of or pleads guilty to a6804
violation of section 2923.161 of the Revised Code or to a felony6805
that includes, as an essential element, purposely or knowingly6806
causing or attempting to cause the death of or physical harm to6807
another, also is convicted of or pleads guilty to a specification6808
of the type described in section 2941.146 of the Revised Code that6809
charges the offender with committing the offense by discharging a6810
firearm from a motor vehicle other than a manufactured home, the6811
court, after imposing a prison term on the offender for the6812
violation of section 2923.161 of the Revised Code or for the other6813
felony offense under division (A), (D)(2), or (D)(3) of this6814
section, shall impose an additional prison term of five years upon6815
the offender that shall not be reduced pursuant to section6816
2929.20, section 2967.193, or any other provision of Chapter 2967.6817
or Chapter 5120. of the Revised Code. A court shall not impose6818
more than one additional prison term on an offender under division6819
(D)(1)(c) of this section for felonies committed as part of the6820
same act or transaction. If a court imposes an additional prison6821
term on an offender under division (D)(1)(c) of this section6822
relative to an offense, the court also shall impose a prison term6823
under division (D)(1)(a) of this section relative to the same6824
offense, provided the criteria specified in that division for6825
imposing an additional prison term are satisfied relative to the6826
offender and the offense.6827

       (d) If an offender who is convicted of or pleads guilty to6828
an offense of violence that is a felony also is convicted of or6829
pleads guilty to a specification of the type described in section6830
2941.1411 of the Revised Code that charges the offender with6831
wearing or carrying body armor while committing the felony offense6832
of violence, the court shall impose on the offender a prison term6833
of two years. The prison term so imposed shall not be reduced6834
pursuant to section 2929.20, section 2967.193, or any other6835
provision of Chapter 2967. or Chapter 5120. of the Revised Code.6836
A court shall not impose more than one prison term on an offender6837
under division (D)(1)(d) of this section for felonies committed as6838
part of the same act or transaction. If a court imposes an6839
additional prison term under division (D)(1)(a) or (c) of this6840
section, the court is not precluded from imposing an additional6841
prison term under division (D)(1)(d) of this section.6842

       (e) The court shall not impose any of the prison terms6843
described in division (D)(1)(a) of this section or any of the6844
additional prison terms described in division (D)(1)(c) of this6845
section upon an offender for a violation of section 2923.12 or6846
2923.123 of the Revised Code. The court shall not impose any of6847
the prison terms described in division (D)(1)(a) of this section6848
or any of the additional prison terms described in division6849
(D)(1)(c) of this section upon an offender for a violation of6850
section 2923.13 of the Revised Code unless all of the following6851
apply:6852

       (i) The offender previously has been convicted of aggravated6853
murder, murder, or any felony of the first or second degree.6854

       (ii) Less than five years have passed since the offender was6855
released from prison or post-release control, whichever is later,6856
for the prior offense.6857

       (2)(a) If an offender who is convicted of or pleads guilty6858
to a felony also is convicted of or pleads guilty to a6859
specification of the type described in section 2941.149 of the6860
Revised Code that the offender is a repeat violent offender, the6861
court shall impose a prison term from the range of terms6862
authorized for the offense under division (A) of this section that6863
may be the longest term in the range and that shall not be reduced6864
pursuant to section 2929.20, section 2967.193, or any other6865
provision of Chapter 2967. or Chapter 5120. of the Revised Code.6866
If the court finds that the repeat violent offender, in committing6867
the offense, caused any physical harm that carried a substantial6868
risk of death to a person or that involved substantial permanent6869
incapacity or substantial permanent disfigurement of a person, the6870
court shall impose the longest prison term from the range of terms6871
authorized for the offense under division (A) of this section.6872

       (b) If the court imposing a prison term on a repeat violent6873
offender imposes the longest prison term from the range of terms6874
authorized for the offense under division (A) of this section, the6875
court may impose on the offender an additional definite prison6876
term of one, two, three, four, five, six, seven, eight, nine, or6877
ten years if the court finds that both of the following apply with6878
respect to the prison terms imposed on the offender pursuant to6879
division (D)(2)(a) of this section and, if applicable, divisions6880
(D)(1) and (3) of this section:6881

       (i) The terms so imposed are inadequate to punish the6882
offender and protect the public from future crime, because the6883
applicable factors under section 2929.12 of the Revised Code6884
indicating a greater likelihood of recidivism outweigh the6885
applicable factors under that section indicating a lesser6886
likelihood of recidivism.6887

       (ii) The terms so imposed are demeaning to the seriousness6888
of the offense, because one or more of the factors under section6889
2929.12 of the Revised Code indicating that the offender's conduct6890
is more serious than conduct normally constituting the offense are6891
present, and they outweigh the applicable factors under that6892
section indicating that the offender's conduct is less serious6893
than conduct normally constituting the offense.6894

       (3)(a) Except when an offender commits a violation of6895
section 2903.01 or 2907.02 of the Revised Code and the penalty6896
imposed for the violation is life imprisonment or commits a6897
violation of section 2903.02 of the Revised Code, if the offender6898
commits a violation of section 2925.03 or 2925.11 of the Revised6899
Code and that section classifies the offender as a major drug6900
offender and requires the imposition of a ten-year prison term on6901
the offender, if the offender commits a felony violation of6902
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,6903
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of6904
section 3719.172, division (C) of section 4729.51, or division (J)6905
of section 4729.54 of the Revised Code that includes the sale,6906
offer to sell, or possession of a schedule I or II controlled6907
substance, with the exception of marihuana, and the court imposing6908
sentence upon the offender finds that the offender is guilty of a6909
specification of the type described in section 2941.1410 of the6910
Revised Code charging that the offender is a major drug offender,6911
or if the court imposing sentence upon an offender for a felony6912
finds that the offender is guilty of corrupt activity with the6913
most serious offense in the pattern of corrupt activity being a6914
felony of the first degree or is guilty of an attempted forcible6915
violation of section 2907.02 of the Revised Code with the victim6916
being under thirteen years of age and that attempted violation is6917
the felony for which sentence is being imposed, the court shall6918
impose upon the offender for the felony violation a ten-year6919
prison term that cannot be reduced pursuant to section 2929.20 or6920
Chapter 2967. or 5120. of the Revised Code.6921

       (b) The court imposing a prison term on an offender under6922
division (D)(3)(a) of this section may impose an additional prison6923
term of one, two, three, four, five, six, seven, eight, nine, or6924
ten years, if the court, with respect to the term imposed under6925
division (D)(3)(a) of this section and, if applicable, divisions6926
(D)(1) and (2) of this section, makes both of the findings set6927
forth in divisions (D)(2)(b)(i) and (ii) of this section.6928

       (4) If the offender is being sentenced for a third or fourth6929
degree felony OMVIOVI offense under division (G)(2) of section6930
2929.13 of the Revised Code, the sentencing court shall impose6931
upon the offender a mandatory prison term in accordance with that6932
division. In addition to the mandatory prison term, if the6933
offender is being sentenced for a fourth degree felony OVI6934
offense, the court, notwithstanding division (A)(4) of this6935
section, may sentence the offender to a definite prison term of6936
not less than six months and not more than thirty months, and if6937
the offender is being sentenced for a third degree felony OVI6938
offense, the sentencing court may sentence the offender to an6939
additional prison term of any duration specified in division6940
(A)(3) of this section minus. In either case, the additional6941
prison term imposed shall be reduced by the sixty or one hundred6942
twenty days imposed upon the offender as the mandatory prison6943
term. The total of the additional prison term imposed under6944
division (D)(4) of this section plus the sixty or one hundred6945
twenty days imposed as the mandatory prison term shall equal a6946
definite term in the range of six months to thirty months for a6947
fourth degree felony OVI offense and shall equal one of the6948
authorized prison terms specified in division (A)(3) of this6949
section for a third degree felony OVI offense. If the court6950
imposes an additional prison term under division (D)(4) of this6951
section, the offender shall serve the additional prison term after6952
the offender has served the mandatory prison term required for the6953
offense. The court shall not sentence the offender to a community6954
control sanction under section 2929.16 or 2929.17 of the Revised6955
Code.6956

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if6957
a mandatory prison term is imposed upon an offender pursuant to6958
division (D)(1)(a) of this section for having a firearm on or6959
about the offender's person or under the offender's control while6960
committing a felony, if a mandatory prison term is imposed upon an6961
offender pursuant to division (D)(1)(c) of this section for6962
committing a felony specified in that division by discharging a6963
firearm from a motor vehicle, or if both types of mandatory prison6964
terms are imposed, the offender shall serve any mandatory prison6965
term imposed under either division consecutively to any other6966
mandatory prison term imposed under either division or under6967
division (D)(1)(d) of this section, consecutively to and prior to6968
any prison term imposed for the underlying felony pursuant to6969
division (A), (D)(2), or (D)(3) of this section or any other6970
section of the Revised Code, and consecutively to any other prison6971
term or mandatory prison term previously or subsequently imposed6972
upon the offender.6973

       (b) If a mandatory prison term is imposed upon an offender6974
pursuant to division (D)(1)(d) of this section for wearing or6975
carrying body armor while committing an offense of violence that6976
is a felony, the offender shall serve the mandatory term so6977
imposed consecutively to any other mandatory prison term imposed6978
under that division or under division (D)(1)(a) or (c) of this6979
section, consecutively to and prior to any prison term imposed for6980
the underlying felony under division (A), (D)(2), or (D)(3) of6981
this section or any other section of the Revised Code, and6982
consecutively to any other prison term or mandatory prison term6983
previously or subsequently imposed upon the offender.6984

       (2) If an offender who is an inmate in a jail, prison, or6985
other residential detention facility violates section 2917.02,6986
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender6987
who is under detention at a detention facility commits a felony6988
violation of section 2923.131 of the Revised Code, or if an6989
offender who is an inmate in a jail, prison, or other residential6990
detention facility or is under detention at a detention facility6991
commits another felony while the offender is an escapee in6992
violation of section 2921.34 of the Revised Code, any prison term6993
imposed upon the offender for one of those violations shall be6994
served by the offender consecutively to the prison term or term of6995
imprisonment the offender was serving when the offender committed6996
that offense and to any other prison term previously or6997
subsequently imposed upon the offender.6998

       (3) If a prison term is imposed for a violation of division6999
(B) of section 2911.01 of the Revised Code or if a prison term is7000
imposed for a felony violation of division (B) of section 2921.3317001
of the Revised Code, the offender shall serve that prison term7002
consecutively to any other prison term or mandatory prison term7003
previously or subsequently imposed upon the offender.7004

       (4) If multiple prison terms are imposed on an offender for7005
convictions of multiple offenses, the court may require the7006
offender to serve the prison terms consecutively if the court7007
finds that the consecutive service is necessary to protect the7008
public from future crime or to punish the offender and that7009
consecutive sentences are not disproportionate to the seriousness7010
of the offender's conduct and to the danger the offender poses to7011
the public, and if the court also finds any of the following:7012

       (a) The offender committed one or more of the multiple7013
offenses while the offender was awaiting trial or sentencing, was7014
under a sanction imposed pursuant to section 2929.16, 2929.17, or7015
2929.18 of the Revised Code, or was under post-release control for7016
a prior offense.7017

       (b) At least two of the multiple offenses were committed as7018
part of one or more courses of conduct, and the harm caused by two7019
or more of the multiple offenses so committed was so great or7020
unusual that no single prison term for any of the offenses7021
committed as part of any of the courses of conduct adequately7022
reflects the seriousness of the offender's conduct.7023

       (c) The offender's history of criminal conduct demonstrates7024
that consecutive sentences are necessary to protect the public7025
from future crime by the offender.7026

       (5) When consecutive prison terms are imposed pursuant to7027
division (E)(1), (2), (3), or (4) of this section, the term to be7028
served is the aggregate of all of the terms so imposed.7029

       (F) If a court imposes a prison term of a type described in7030
division (B) of section 2967.28 of the Revised Code, it shall7031
include in the sentence a requirement that the offender be subject7032
to a period of post-release control after the offender's release7033
from imprisonment, in accordance with that division. If a court7034
imposes a prison term of a type described in division (C) of that7035
section, it shall include in the sentence a requirement that the7036
offender be subject to a period of post-release control after the7037
offender's release from imprisonment, in accordance with that7038
division, if the parole board determines that a period of7039
post-release control is necessary.7040

       (G) If a person is convicted of or pleads guilty to a7041
sexually violent offense and also is convicted of or pleads guilty7042
to a sexually violent predator specification that was included in7043
the indictment, count in the indictment, or information charging7044
that offense, the court shall impose sentence upon the offender in7045
accordance with section 2971.03 of the Revised Code, and Chapter7046
2971. of the Revised Code applies regarding the prison term or7047
term of life imprisonment without parole imposed upon the offender7048
and the service of that term of imprisonment.7049

       (H) If a person who has been convicted of or pleaded guilty7050
to a felony is sentenced to a prison term or term of imprisonment7051
under this section, sections 2929.02 to 2929.06 of the Revised7052
Code, section 2971.03 of the Revised Code, or any other provision7053
of law, section 5120.163 of the Revised Code applies regarding the7054
person while the person is confined in a state correctional7055
institution.7056

       (I) If an offender who is convicted of or pleads guilty to a7057
felony that is an offense of violence also is convicted of or7058
pleads guilty to a specification of the type described in section7059
2941.142 of the Revised Code that charges the offender with having7060
committed the felony while participating in a criminal gang, the7061
court shall impose upon the offender an additional prison term of7062
one, two, or three years.7063

       (J) If an offender who is convicted of or pleads guilty to7064
aggravated murder, murder, or a felony of the first, second, or7065
third degree that is an offense of violence also is convicted of7066
or pleads guilty to a specification of the type described in7067
section 2941.143 of the Revised Code that charges the offender7068
with having committed the offense in a school safety zone or7069
towards a person in a school safety zone, the court shall impose7070
upon the offender an additional prison term of two years. The7071
offender shall serve the additional two years consecutively to and7072
prior to the prison term imposed for the underlying offense.7073

       (K) At the time of sentencing, the court may recommend the7074
offender for placement in a program of shock incarceration under7075
section 5120.031 of the Revised Code or for placement in an7076
intensive program prison under section 5120.032 of the Revised7077
Code, disapprove placement of the offender in a program of shock7078
incarceration or an intensive program prison of that nature, or7079
make no recommendation on placement of the offender. In no case7080
shall the department of rehabilitation and correction place the7081
offender in a program or prison of that nature unless the7082
department determines as specified in section 5120.031 or 5120.0327083
of the Revised Code, whichever is applicable, that the offender is7084
eligible for the placement.7085

       If the court disapproves placement of the offender in a7086
program or prison of that nature, the department of rehabilitation7087
and correction shall not place the offender in any program of7088
shock incarceration or intensive program prison.7089

       If the court recommends placement of the offender in a7090
program of shock incarceration or in an intensive program prison, 7091
and if the offender is subsequently placed in the recommended7092
program or prison, the department shall notify the court of the7093
placement and shall include with the notice a brief description of7094
the placement.7095

       If the court recommends placement of the offender in a7096
program of shock incarceration or in an intensive program prison7097
and the department does not subsequently place the offender in the7098
recommended program or prison, the department shall send a notice7099
to the court indicating why the offender was not placed in the7100
recommended program or prison.7101

       If the court does not make a recommendation under this7102
division with respect to an offender and if the department7103
determines as specified in section 5120.031 or 5120.032 of the7104
Revised Code, whichever is applicable, that the offender is7105
eligible for placement in a program or prison of that nature, the7106
department shall screen the offender and determine if there is an7107
available program of shock incarceration or an intensive program7108
prison for which the offender is suited. If there is an available7109
program of shock incarceration or an intensive program prison for7110
which the offender is suited, the department shall notify the7111
court of the proposed placement of the offender as specified in7112
section 5120.031 or 5120.032 of the Revised Code and shall include7113
with the notice a brief description of the placement. The court7114
shall have ten days from receipt of the notice to disapprove the7115
placement.7116

       Sec. 2929.15.  (A)(1) If in sentencing an offender for a7117
felony the court is not required to impose a prison term, a7118
mandatory prison term, or a term of life imprisonment upon the7119
offender, the court may directly impose a sentence that consists7120
of one or more community control sanctions authorized pursuant to7121
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the7122
court is sentencing an offender for a fourth degree felony OMVI7123
OVI offense under division (G)(1) of section 2929.13 of the7124
Revised Code, in addition to the mandatory term of local7125
incarceration imposed under that division and the mandatory fine7126
required by division (B)(3) of section 2929.18 of the Revised7127
Code, the court may impose upon the offender a community control7128
sanction or combination of community control sanctions in7129
accordance with sections 2929.16 and 2929.17 of the Revised Code. 7130
The duration of all community control sanctions imposed upon an7131
offender under this division shall not exceed five years. If the7132
offender absconds or otherwise leaves the jurisdiction of the7133
court in which the offender resides without obtaining permission7134
from the court or the offender's probation officer to leave the7135
jurisdiction of the court, or if the offender is confined in any7136
institution for the commission of any offense while under a7137
community control sanction, the period of the community control7138
sanction ceases to run until the offender is brought before the7139
court for its further action. If the court sentences the offender7140
to one or more nonresidential sanctions under section 2929.17 of7141
the Revised Code, the court shall impose as a condition of the7142
nonresidential sanctions that, during the period of the sanctions,7143
the offender must abide by the law and must not leave the state7144
without the permission of the court or the offender's probation7145
officer. The court may impose any other conditions of release7146
under a community control sanction that the court considers7147
appropriate, including, but not limited to, requiring that the7148
offender not ingest or be injected with a drug of abuse and submit7149
to random drug testing as provided in division (D) of this section7150
to determine whether the offender ingested or was injected with a7151
drug of abuse and requiring that the results of the drug test7152
indicate that the offender did not ingest or was not injected with7153
a drug of abuse. If the court is sentencing an offender for a7154
third or fourth degree felony OMVIOVI offense under division7155
(G)(2) of section 2929.13 of the Revised Code, the court shall not7156
impose upon the offender any community control sanction or7157
combination of community control sanctions under section 2929.167158
or 2929.17 of the Revised Code.7159

       (2)(a) If a court sentences an offender to any community7160
control sanction or combination of community control sanctions7161
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the7162
Revised Code, the court shall place the offender under the general7163
control and supervision of a department of probation in the county7164
that serves the court for purposes of reporting to the court a7165
violation of any condition of the sanctions, any condition of7166
release under a community control sanction imposed by the court, a7167
violation of law, or the departure of the offender from this state7168
without the permission of the court or the offender's probation7169
officer. Alternatively, if the offender resides in another county7170
and a county department of probation has been established in that7171
county or that county is served by a multicounty probation7172
department established under section 2301.27 of the Revised Code,7173
the court may request the court of common pleas of that county to7174
receive the offender into the general control and supervision of7175
that county or multicounty department of probation for purposes of7176
reporting to the court a violation of any condition of the7177
sanctions,, any condition of release under a community control7178
sanction imposed by the court, a violation of law, or the7179
departure of the offender from this state without the permission7180
of the court or the offender's probation officer, subject to the7181
jurisdiction of the trial judge over and with respect to the7182
person of the offender, and to the rules governing that department7183
of probation.7184

       If there is no department of probation in the county that7185
serves the court, the court shall place the offender, regardless7186
of the offender's county of residence, under the general control7187
and supervision of the adult parole authority for purposes of7188
reporting to the court a violation of any of the sanctions, any7189
condition of release under a community control sanction imposed by7190
the court, a violation of law, or the departure of the offender7191
from this state without the permission of the court or the7192
offender's probation officer.7193

       (b) If the court imposing sentence upon an offender7194
sentences the offender to any community control sanction or7195
combination of community control sanctions authorized pursuant to7196
section 2929.16, 2929.17, or 2929.18 of the Revised Code, and if7197
the offender violates any condition of the sanctions, any7198
condition of release under a community control sanction imposed by7199
the court, violates any law, or departs the state without the7200
permission of the court or the offender's probation officer, the7201
public or private person or entity that operates or administers7202
the sanction or the program or activity that comprises the7203
sanction shall report the violation or departure directly to the7204
sentencing court, or shall report the violation or departure to7205
the county or multicounty department of probation with general7206
control and supervision over the offender under division (A)(2)(a)7207
of this section or the officer of that department who supervises7208
the offender, or, if there is no such department with general7209
control and supervision over the offender under that division, to7210
the adult parole authority. If the public or private person or7211
entity that operates or administers the sanction or the program or7212
activity that comprises the sanction reports the violation or7213
departure to the county or multicounty department of probation or7214
the adult parole authority, the department's or authority's7215
officers may treat the offender as if the offender were on7216
probation and in violation of the probation, and shall report the7217
violation of the condition of the sanction, any condition of7218
release under a community control sanction imposed by the court,7219
the violation of law, or the departure from the state without the7220
required permission to the sentencing court.7221

       (B) If the conditions of a community control sanction are7222
violated or if the offender violates a law or leaves the state7223
without the permission of the court or the offender's probation7224
officer, the sentencing court may impose a longer time under the7225
same sanction if the total time under the sanctions does not7226
exceed the five-year limit specified in division (A) of this7227
section, may impose a more restrictive sanction under section7228
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a7229
prison term on the offender pursuant to section 2929.14 of the7230
Revised Code. The prison term, if any, imposed upon a violator7231
pursuant to this division shall be within the range of prison7232
terms available for the offense for which the sanction that was7233
violated was imposed and shall not exceed the prison term7234
specified in the notice provided to the offender at the sentencing7235
hearing pursuant to division (B)(3) of section 2929.19 of the7236
Revised Code. The court may reduce the longer period of time that7237
the offender is required to spend under the longer sanction, the7238
more restrictive sanction, or a prison term imposed pursuant to7239
this division by the time the offender successfully spent under7240
the sanction that was initially imposed.7241

       (C) If an offender, for a significant period of time,7242
fulfills the conditions of a sanction imposed pursuant to section7243
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary7244
manner, the court may reduce the period of time under the sanction7245
or impose a less restrictive sanction, but the court shall not7246
permit the offender to violate any law or permit the offender to7247
leave the state without the permission of the court or the7248
offender's probation officer.7249

       (D)(1) If a court under division (A)(1) of this section7250
imposes a condition of release under a community control sanction7251
that requires the offender to submit to random drug testing, the7252
department of probation or the adult parole authority that has7253
general control and supervision of the offender under division7254
(A)(2)(a) of this section may cause the offender to submit to7255
random drug testing performed by a laboratory or entity that has7256
entered into a contract with any of the governmental entities or7257
officers authorized to enter into a contract with that laboratory7258
or entity under section 341.26, 753.33, or 5120.63 of the Revised7259
Code.7260

       (2) If no laboratory or entity described in division (D)(1)7261
of this section has entered into a contract as specified in that7262
division, the department of probation or the adult parole7263
authority that has general control and supervision of the offender7264
under division (A)(2)(a) of this section shall cause the offender7265
to submit to random drug testing performed by a reputable public7266
laboratory to determine whether the individual who is the subject7267
of the drug test ingested or was injected with a drug of abuse.7268

       (3) A laboratory or entity that has entered into a contract7269
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code7270
shall perform the random drug tests under division (D)(1) of this7271
section in accordance with the applicable standards that are7272
included in the terms of that contract. A public laboratory shall7273
perform the random drug tests under division (D)(2) of this7274
section in accordance with the standards set forth in the policies7275
and procedures established by the department of rehabilitation and7276
correction pursuant to section 5120.63 of the Revised Code. An7277
offender who is required under division (A)(1) of this section to7278
submit to random drug testing as a condition of release under a7279
community control sanction and whose test results indicate that7280
the offender ingested or was injected with a drug of abuse shall7281
pay the fee for the drug test if the department of probation or7282
the adult parole authority that has general control and7283
supervision of the offender requires payment of a fee. A7284
laboratory or entity that performs the random drug testing on an7285
offender under division (D)(1) or (2) of this section shall7286
transmit the results of the drug test to the appropriate7287
department of probation or the adult parole authority that has7288
general control and supervision of the offender under division7289
(A)(2)(a) of this section.7290

       Sec. 2929.16.  (A) The court imposing a sentence for a7291
felony upon an offender who is not required to serve a mandatory7292
prison term may impose any community residential sanction or7293
combination of community residential sanctions under this section.7294
The court imposing a sentence for a fourth degree felony OMVIOVI7295
offense under division (G)(1) of section 2929.13 of the Revised7296
Code may impose upon the offender, in addition to the mandatory7297
term of local incarceration imposed under that division, a7298
community residential sanction or combination of community7299
residential sanctions under this section, and the offender shall7300
serve or satisfy the sanction or combination of sanctions after7301
the offender has served the mandatory term of local incarceration7302
required for the offense. Community residential sanctions7303
include, but are not limited to, the following:7304

       (1) A term of up to six months at a community-based7305
correctional facility that serves the county;7306

       (2) Except as otherwise provided in division (A)(3) of this7307
section and subject to division (D) of this section, a term of up7308
to six months in a jail;7309

       (3) If the offender is convicted of a fourth degree felony7310
OMVIOVI offense and is sentenced under division (G)(1) of section7311
2929.13 of the Revised Code, subject to division (D) of this7312
section, a term of up to one year in a jail less the mandatory7313
term of local incarceration of sixty or one hundred twenty7314
consecutive days of imprisonment imposed pursuant to that7315
division;7316

       (4) A term in a halfway house;7317

       (5) A term in an alternative residential facility.7318

       (B) The court that assigns any offender convicted of a7319
felony to a residential sanction under this section may authorize7320
the offender to be released so that the offender may seek or7321
maintain employment, receive education or training, or receive7322
treatment. A release pursuant to this division shall be only for7323
the duration of time that is needed to fulfill the purpose of the7324
release and for travel that reasonably is necessary to fulfill the7325
purposes of the release.7326

       (C) If the court assigns an offender to a county jail that7327
is not a minimum security misdemeanant jail in a county that has7328
established a county jail industry program pursuant to section7329
5147.30 of the Revised Code, the court shall specify, as part of7330
the sentence, whether the sheriff of that county may consider the7331
offender for participation in the county jail industry program.7332
During the offender's term in the county jail, the court shall7333
retain jurisdiction to modify its specification upon a7334
reassessment of the offender's qualifications for participation in7335
the program.7336

       (D) If a court sentences an offender to a term in jail under7337
division (A)(2) or (3) of this section and if the sentence is7338
imposed for a felony of the fourth or fifth degree that is not an7339
offense of violence, the court may specify that it prefers that7340
the offender serve the term in a minimum security jail established7341
under section 341.34 or 753.21 of the Revised Code. If the court7342
includes a specification of that type in the sentence and if the7343
administrator of the appropriate minimum security jail or the7344
designee of that administrator classifies the offender in7345
accordance with section 341.34 or 753.21 of the Revised Code as a7346
minimal security risk, the offender shall serve the term in the7347
minimum security jail established under section 341.34 or 753.217348
of the Revised Code. Absent a specification of that type and a7349
finding of that type, the offender shall serve the term in a jail7350
other than a minimum security jail established under section7351
341.34 or 753.21 of the Revised Code.7352

       (E) If a person who has been convicted of or pleaded guilty7353
to a felony is sentenced to a community residential sanction as7354
described in division (A) of this section, at the time of7355
reception and at other times the person in charge of the operation7356
of the community-based correctional facility, jail, halfway house,7357
alternative residential facility, or other place at which the7358
offender will serve the residential sanction determines to be7359
appropriate, the person in charge of the operation of the7360
community-based correctional facility, jail, halfway house,7361
alternative residential facility, or other place may cause the7362
convicted offender to be examined and tested for tuberculosis, HIV7363
infection, hepatitis, including but not limited to hepatitis A, B,7364
and C, and other contagious diseases. The person in charge of the7365
operation of the community-based correctional facility, jail,7366
halfway house, alternative residential facility, or other place at7367
which the offender will serve the residential sanction may cause a7368
convicted offender in the community-based correctional facility,7369
jail, halfway house, alternative residential facility, or other7370
place who refuses to be tested or treated for tuberculosis, HIV7371
infection, hepatitis, including but not limited to hepatitis A, B,7372
and C, or another contagious disease to be tested and treated7373
involuntarily.7374

       Sec. 2929.17.  The court imposing a sentence for a felony7375
upon an offender who is not required to serve a mandatory prison7376
term may impose any nonresidential sanction or combination of7377
nonresidential sanctions authorized under this section. If the7378
court imposes one or more nonresidential sanctions authorized7379
under this section, the court shall impose as a condition of the7380
sanction that, during the period of the nonresidential sanction,7381
the offender shall abide by the law and shall not leave the state7382
without the permission of the court or the offender's probation7383
officer.7384

       The court imposing a sentence for a fourth degree felony OMVI7385
OVI offense under division (G)(1) of section 2929.13 of the7386
Revised Code may impose upon the offender, in addition to the7387
mandatory term of local incarceration imposed under that division,7388
a nonresidential sanction or combination of nonresidential7389
sanctions under this section, and the offender shall serve or7390
satisfy the sanction or combination of sanctions after the7391
offender has served the mandatory term of local incarceration7392
required for the offense. Nonresidential sanctions include, but7393
are not limited to, the following:7394

       (A) A term of day reporting;7395

       (B) A term of electronically monitored house arrest, a term7396
of electronic monitoring without house arrest, or a term of house7397
arrest without electronic monitoring;7398

       (C) A term of community service of up to five hundred hours7399
pursuant to division (F) of section 2951.02 of the Revised Code7400
or, if the court determines that the offender is financially7401
incapable of fulfilling a financial sanction described in section7402
2929.18 of the Revised Code, a term of community service as an7403
alternative to a financial sanction;7404

       (D) A term in a drug treatment program with a level of7405
security for the offender as determined necessary by the court;7406

       (E) A term of intensive probation supervision;7407

       (F) A term of basic probation supervision;7408

       (G) A term of monitored time;7409

       (H) A term of drug and alcohol use monitoring, including7410
random drug testing pursuant to section 2951.05 of the Revised7411
Code;7412

       (I) A curfew term;7413

       (J) A requirement that the offender obtain employment;7414

       (K) A requirement that the offender obtain education or7415
training;7416

       (L) Provided the court obtains the prior approval of the7417
victim, a requirement that the offender participate in7418
victim-offender mediation;7419

       (M) A license violation report;7420

       (N) If the offense is a violation of section 2919.25 or a7421
violation of section 2903.11, 2903.12, or 2903.13 of the Revised7422
Code involving a person who was a family or household member at7423
the time of the violation, if the offender committed the offense7424
in the vicinity of one or more children who are not victims of the7425
offense, and if the offender or the victim of the offense is a7426
parent, guardian, custodian, or person in loco parentis of one or7427
more of those children, a requirement that the offender obtain7428
counseling. This division does not limit the court in requiring7429
the offender to obtain counseling for any offense or in any7430
circumstance not specified in this division.7431

       Sec. 2929.18.  (A) Except as otherwise provided in this7432
division and in addition to imposing court costs pursuant to7433
section 2947.23 of the Revised Code, the court imposing a sentence7434
upon an offender for a felony may sentence the offender to any7435
financial sanction or combination of financial sanctions7436
authorized under this section or, in the circumstances specified7437
in section 2929.25 of the Revised Code, may impose upon the7438
offender a fine in accordance with that section. If the offender7439
is sentenced to a sanction of confinement pursuant to section7440
2929.14 or 2929.16 of the Revised Code that is to be served in a7441
facility operated by a board of county commissioners, a7442
legislative authority of a municipal corporation, or another7443
governmental entity, the court imposing sentence upon an offender7444
for a felony shall comply with division (A)(4)(b) of this section7445
in determining whether to sentence the offender to a financial7446
sanction described in division (A)(4)(a) of this section.7447
Financial sanctions that may be imposed pursuant to this section7448
include, but are not limited to, the following:7449

       (1) Restitution by the offender to the victim of the7450
offender's crime or any survivor of the victim, in an amount based7451
on the victim's economic loss. The court shall order that the7452
restitution be made to the adult probation department that serves7453
the county on behalf of the victim, to the clerk of courts, or to7454
another agency designated by the court, except that it may include7455
a requirement that reimbursement be made to third parties for7456
amounts paid to or on behalf of the victim or any survivor of the7457
victim for economic loss resulting from the offense. If7458
reimbursement to third parties is required, the reimbursement7459
shall be made to any governmental agency to repay any amounts paid7460
by the agency to or on behalf of the victim or any survivor of the7461
victim for economic loss resulting from the offense before any7462
reimbursement is made to any person other than a governmental7463
agency. If no governmental agency incurred expenses for economic7464
loss of the victim or any survivor of the victim resulting from7465
the offense, the reimbursement shall be made to any person other7466
than a governmental agency to repay amounts paid by that person to7467
or on behalf of the victim or any survivor of the victim for7468
economic loss of the victim resulting from the offense. The court7469
shall not require an offender to repay an insurance company for7470
any amounts the company paid on behalf of the offender pursuant to7471
a policy of insurance. At sentencing, the court shall determine7472
the amount of restitution to be made by the offender. All7473
restitution payments shall be credited against any recovery of7474
economic loss in a civil action brought by the victim or any7475
survivor of the victim against the offender.7476

       (2) Except as provided in division (B)(1), (3), or (4) of7477
this section, a fine payable by the offender to the state, to a7478
political subdivision, or as described in division (B)(2) of this7479
section to one or more law enforcement agencies, with the amount7480
of the fine based on a standard percentage of the offender's daily7481
income over a period of time determined by the court and based7482
upon the seriousness of the offense. A fine ordered under this7483
division shall not exceed the statutory fine amount authorized for7484
the level of the offense under division (A)(3) of this section.7485

       (3) Except as provided in division (B)(1), (3), or (4) of7486
this section, a fine payable by the offender to the state, to a7487
political subdivision when appropriate for a felony, or as7488
described in division (B)(2) of this section to one or more law7489
enforcement agencies, in the following amount:7490

       (a) For a felony of the first degree, not more than twenty7491
thousand dollars;7492

       (b) For a felony of the second degree, not more than fifteen7493
thousand dollars;7494

       (c) For a felony of the third degree, not more than ten7495
thousand dollars;7496

       (d) For a felony of the fourth degree, not more than five7497
thousand dollars;7498

       (e) For a felony of the fifth degree, not more than two7499
thousand five hundred dollars.7500

       (4)(a) Subject to division (A)(4)(b) of this section,7501
reimbursement by the offender of any or all of the costs of7502
sanctions incurred by the government, including the following:7503

       (i) All or part of the costs of implementing any community7504
control sanction;7505

       (ii) All or part of the costs of confinement under a7506
sanction imposed pursuant to section 2929.14 or 2929.16 of the7507
Revised Code, provided that the amount of reimbursement ordered7508
under this division shall not exceed the total amount of7509
reimbursement the offender is able to pay as determined at a7510
hearing and shall not exceed the actual cost of the confinement;7511

       (b) If the offender is sentenced to a sanction of7512
confinement pursuant to section 2929.14 or 2929.16 of the Revised7513
Code that is to be served in a facility operated by a board of7514
county commissioners, a legislative authority of a municipal7515
corporation, or another local governmental entity, one of the7516
following applies:7517

       (i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,7518
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code,7519
the board, legislative authority, or other local governmental7520
entity requires prisoners convicted of an offense other than a7521
minor misdemeanor to reimburse the county, municipal corporation,7522
or other entity for its expenses incurred by reason of the7523
prisoner's confinement, the court shall impose a financial7524
sanction under division (A)(4)(a) of this section that requires7525
the offender to reimburse the county, municipal corporation, or7526
other local governmental entity for the cost of the confinement.7527
In addition, the court may impose any other financial sanction7528
under this section.7529

       (ii) If, pursuant to any section identified in division7530
(A)(4)(b)(i) of this section, the board, legislative authority, or7531
other local governmental entity has adopted a resolution or7532
ordinance specifying that prisoners convicted of felonies are not7533
required to reimburse the county, municipal corporation, or other7534
local governmental entity for its expenses incurred by reason of7535
the prisoner's confinement, the court shall not impose a financial7536
sanction under division (A)(4)(a) of this section that requires7537
the offender to reimburse the county, municipal corporation, or7538
other local governmental entity for the cost of the confinement,7539
but the court may impose any other financial sanction under this7540
section.7541

       (iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of7542
this section applies, the court may impose, but is not required to7543
impose, any financial sanction under this section.7544

       (c) Reimbursement by the offender for costs pursuant to7545
section 2929.28 of the Revised Code.7546

       (B)(1) For a first, second, or third degree felony violation7547
of any provision of Chapter 2925., 3719., or 4729. of the Revised7548
Code, the sentencing court shall impose upon the offender a7549
mandatory fine of at least one-half of, but not more than, the7550
maximum statutory fine amount authorized for the level of the7551
offense pursuant to division (A)(3) of this section. If an7552
offender alleges in an affidavit filed with the court prior to7553
sentencing that the offender is indigent and unable to pay the7554
mandatory fine and if the court determines the offender is an7555
indigent person and is unable to pay the mandatory fine described7556
in this division, the court shall not impose the mandatory fine7557
upon the offender.7558

       (2) Any mandatory fine imposed upon an offender under7559
division (B)(1) of this section and any fine imposed upon an7560
offender under division (A)(2) or (3) of this section for any7561
fourth or fifth degree felony violation of any provision of7562
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid7563
to law enforcement agencies pursuant to division (F) of section7564
2925.03 of the Revised Code.7565

       (3) For a fourth degree felony OMVIOVI offense and for a7566
third degree felony OMVIOVI offense, the sentencing court shall7567
impose upon the offender a mandatory fine in the amount specified7568
in division (A)(4)(G)(1)(d) or (8)(e) of section 4511.994511.197569
of the Revised Code, whichever is applicable. The mandatory fine7570
so imposed shall be disbursed as provided in the division (A)(4)7571
or (8) of section 4511.99 of the Revised Codepursuant to which it7572
is imposed.7573

       (4) Notwithstanding any fine otherwise authorized or7574
required to be imposed under division (A)(2) or (3) or (B)(1) of7575
this section or section 2929.31 of the Revised Code for a7576
violation of section 2925.03 of the Revised Code, in addition to7577
any penalty or sanction imposed for that offense under section7578
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in7579
addition to the forfeiture of property in connection with the7580
offense as prescribed in sections 2925.42 to 2925.45 of the7581
Revised Code, the court that sentences an offender for a violation7582
of section 2925.03 of the Revised Code may impose upon the7583
offender a fine in addition to any fine imposed under division7584
(A)(2) or (3) of this section and in addition to any mandatory7585
fine imposed under division (B)(1) of this section. The fine7586
imposed under division (B)(4) of this section shall be used as7587
provided in division (H) of section 2925.03 of the Revised Code. A7588
fine imposed under division (B)(4) of this section shall not7589
exceed whichever of the following is applicable:7590

       (a) The total value of any personal or real property in7591
which the offender has an interest and that was used in the course7592
of, intended for use in the course of, derived from, or realized7593
through conduct in violation of section 2925.03 of the Revised7594
Code, including any property that constitutes proceeds derived7595
from that offense;7596

       (b) If the offender has no interest in any property of the7597
type described in division (B)(4)(a) of this section or if it is7598
not possible to ascertain whether the offender has an interest in7599
any property of that type in which the offender may have an7600
interest, the amount of the mandatory fine for the offense imposed7601
under division (B)(1) of this section or, if no mandatory fine is7602
imposed under division (B)(1) of this section, the amount of the7603
fine authorized for the level of the offense imposed under7604
division (A)(3) of this section.7605

       (5) Prior to imposing a fine under division (B)(4) of this7606
section, the court shall determine whether the offender has an7607
interest in any property of the type described in division7608
(B)(4)(a) of this section. Except as provided in division (B)(6)7609
or (7) of this section, a fine that is authorized and imposed7610
under division (B)(4) of this section does not limit or affect the7611
imposition of the penalties and sanctions for a violation of7612
section 2925.03 of the Revised Code prescribed under those7613
sections or sections 2929.11 to 2929.18 of the Revised Code and7614
does not limit or affect a forfeiture of property in connection7615
with the offense as prescribed in sections 292t.42 2925.42 to7616
2925.45 of the Revised Code.7617

       (6) If the sum total of a mandatory fine amount imposed for7618
a first, second, or third degree felony violation of section7619
2925.03 of the Revised Code under division (B)(1) of this section7620
plus the amount of any fine imposed under division (B)(4) of this7621
section does not exceed the maximum statutory fine amount7622
authorized for the level of the offense under division (A)(3) of7623
this section or section 2929.31 of the Revised Code, the court may7624
impose a fine for the offense in addition to the mandatory fine7625
and the fine imposed under division (B)(4) of this section. The7626
sum total of the amounts of the mandatory fine, the fine imposed7627
under division (B)(4) of this section, and the additional fine7628
imposed under division (B)(6) of this section shall not exceed the7629
maximum statutory fine amount authorized for the level of the7630
offense under division (A)(3) of this section or section 2929.317631
of the Revised Code. The clerk of the court shall pay any fine7632
that is imposed under division (B)(6) of this section to the7633
county, township, municipal corporation, park district as created7634
pursuant to section 511.18 or 1545.04 of the Revised Code, or7635
state law enforcement agencies in this state that primarily were7636
responsible for or involved in making the arrest of, and in7637
prosecuting, the offender pursuant to division (F) of section7638
2925.03 of the Revised Code.7639

       (7) If the sum total of the amount of a mandatory fine7640
imposed for a first, second, or third degree felony violation of7641
section 2925.03 of the Revised Code plus the amount of any fine7642
imposed under division (B)(4) of this section exceeds the maximum7643
statutory fine amount authorized for the level of the offense7644
under division (A)(3) of this section or section 2929.31 of the7645
Revised Code, the court shall not impose a fine under division7646
(B)(6) of this section.7647

       (C)(1) The offender shall pay reimbursements imposed upon7648
the offender pursuant to division (A)(4)(a) of this section to pay7649
the costs incurred by the department of rehabilitation and7650
correction in operating a prison or other facility used to confine7651
offenders pursuant to sanctions imposed under section 2929.14 or7652
2929.16 of the Revised Code to the treasurer of state. The7653
treasurer of state shall deposit the reimbursements in the7654
confinement cost reimbursement fund that is hereby created in the7655
state treasury. The department of rehabilitation and correction7656
shall use the amounts deposited in the fund to fund the operation7657
of facilities used to confine offenders pursuant to sections7658
2929.14 and 2929.16 of the Revised Code.7659

       (2) Except as provided in section 2951.021 of the Revised7660
Code, the offender shall pay reimbursements imposed upon the7661
offender pursuant to division (A)(4)(a) of this section to pay the7662
costs incurred by a county pursuant to any sanction imposed under7663
this section or section 2929.16 or 2929.17 of the Revised Code or7664
in operating a facility used to confine offenders pursuant to a7665
sanction imposed under section 2929.16 of the Revised Code to the7666
county treasurer. The county treasurer shall deposit the7667
reimbursements in the sanction cost reimbursement fund that each7668
board of county commissioners shall create in its county treasury.7669
The county shall use the amounts deposited in the fund to pay the7670
costs incurred by the county pursuant to any sanction imposed7671
under this section or section 2929.16 or 2929.17 of the Revised7672
Code or in operating a facility used to confine offenders pursuant7673
to a sanction imposed under section 2929.16 of the Revised Code.7674

       (3) Except as provided in section 2951.021 of the Revised7675
Code, the offender shall pay reimbursements imposed upon the7676
offender pursuant to division (A)(4)(a) of this section to pay the7677
costs incurred by a municipal corporation pursuant to any sanction7678
imposed under this section or section 2929.16 or 2929.17 of the7679
Revised Code or in operating a facility used to confine offenders7680
pursuant to a sanction imposed under section 2929.16 of the7681
Revised Code to the treasurer of the municipal corporation. The7682
treasurer shall deposit the reimbursements in a special fund that7683
shall be established in the treasury of each municipal7684
corporation. The municipal corporation shall use the amounts7685
deposited in the fund to pay the costs incurred by the municipal7686
corporation pursuant to any sanction imposed under this section or7687
section 2929.16 or 2929.17 of the Revised Code or in operating a7688
facility used to confine offenders pursuant to a sanction imposed7689
under section 2929.16 of the Revised Code.7690

       (4) Except as provided in section 2951.021 of the Revised7691
Code, the offender shall pay reimbursements imposed pursuant to7692
division (A)(4)(a) of this section for the costs incurred by a7693
private provider pursuant to a sanction imposed under this section7694
or section 2929.16 or 2929.17 of the Revised Code to the provider.7695

       (D) A financial sanction imposed pursuant to division (A) or7696
(B) of this section is a judgment in favor of the state or a7697
political subdivision in which the court that imposed the7698
financial sanction is located, except that a financial sanction of7699
reimbursement imposed pursuant to division (A)(4)(a)(ii) of this7700
section upon an offender who is incarcerated in a state facility7701
or a municipal jail is a judgment in favor of the state or the7702
municipal corporation, a financial sanction of reimbursement7703
imposed upon an offender pursuant to this section for costs7704
incurred by a private provider of sanctions is a judgment in favor7705
of the private provider, and a financial sanction of restitution7706
imposed pursuant to this section is a judgment in favor of the7707
victim of the offender's criminal act. The offender subject to7708
the sanction is the judgment debtor. Imposition of a financial7709
sanction and execution on the judgment does not preclude any other7710
power of the court to impose or enforce sanctions on the offender.7711
Once the financial sanction is imposed as a judgment, the victim,7712
private provider, state, or political subdivision may bring an7713
action to do any of the following:7714

       (1) Obtain execution of the judgment through any available7715
procedure, including:7716

       (a) An execution against the property of the judgment debtor7717
under Chapter 2329. of the Revised Code;7718

       (b) An execution against the person of the judgment debtor7719
under Chapter 2331. of the Revised Code;7720

       (c) A proceeding in aid of execution under Chapter 2333. of7721
the Revised Code, including:7722

       (i) A proceeding for the examination of the judgment debtor7723
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.277724
of the Revised Code;7725

       (ii) A proceeding for attachment of the person of the7726
judgment debtor under section 2333.28 of the Revised Code;7727

       (iii) A creditor's suit under section 2333.01 of the Revised7728
Code.7729

       (d) The attachment of the property of the judgment debtor7730
under Chapter 2715. of the Revised Code;7731

       (e) The garnishment of the property of the judgment debtor7732
under Chapter 2716. of the Revised Code.7733

       (2) Obtain an order for the assignment of wages of the7734
judgment debtor under section 1321.33 of the Revised Code.7735

       (E) A court that imposes a financial sanction upon an7736
offender may hold a hearing if necessary to determine whether the7737
offender is able to pay the sanction or is likely in the future to7738
be able to pay it.7739

       (F) Each court imposing a financial sanction upon an7740
offender under this section or under section 2929.25 of the7741
Revised Code may designate a court employee to collect, or may7742
enter into contracts with one or more public agencies or private7743
vendors for the collection of, amounts due under the financial7744
sanction imposed pursuant to this section or section 2929.25 of7745
the Revised Code. Before entering into a contract for the7746
collection of amounts due from an offender pursuant to any7747
financial sanction imposed pursuant to this section or section7748
2929.25 of the Revised Code, a court shall comply with sections7749
307.86 to 307.92 of the Revised Code.7750

       (G) If a court that imposes a financial sanction under7751
division (A) or (B) of this section finds that an offender7752
satisfactorily has completed all other sanctions imposed upon the7753
offender and that all restitution that has been ordered has been7754
paid as ordered, the court may suspend any financial sanctions7755
imposed pursuant to this section or section 2929.25 of the Revised7756
Code that have not been paid.7757

       (H) No financial sanction imposed under this section or7758
section 2929.25 of the Revised Code shall preclude a victim from7759
bringing a civil action against the offender.7760

       Sec. 2929.19.  (A)(1) The court shall hold a sentencing7761
hearing before imposing a sentence under this chapter upon an7762
offender who was convicted of or pleaded guilty to a felony and7763
before resentencing an offender who was convicted of or pleaded7764
guilty to a felony and whose case was remanded pursuant to section7765
2953.07 or 2953.08 of the Revised Code. At the hearing, the7766
offender, the prosecuting attorney, the victim or the victim's7767
representative in accordance with section 2930.14 of the Revised7768
Code, and, with the approval of the court, any other person may7769
present information relevant to the imposition of sentence in the7770
case. The court shall inform the offender of the verdict of the7771
jury or finding of the court and ask the offender whether the7772
offender has anything to say as to why sentence should not be7773
imposed upon the offender.7774

       (2) Except as otherwise provided in this division, before7775
imposing sentence on an offender who is being sentenced for a7776
sexually oriented offense that was committed on or after January7777
1, 1997, and that is not a sexually violent offense, and before7778
imposing sentence on an offender who is being sentenced for a7779
sexually violent offense committed on or after January 1, 1997,7780
and who was not charged with a sexually violent predator7781
specification in the indictment, count in the indictment, or7782
information charging the sexually violent offense, the court shall7783
conduct a hearing in accordance with division (B) of section7784
2950.09 of the Revised Code to determine whether the offender is a7785
sexual predator. The court shall not conduct a hearing under that7786
division if the offender is being sentenced for a sexually violent7787
offense and a sexually violent predator specification was included7788
in the indictment, count in the indictment, or information7789
charging the sexually violent offense. Before imposing sentence7790
on an offender who is being sentenced for a sexually oriented7791
offense, the court also shall comply with division (E) of section7792
2950.09 of the Revised Code.7793

       (B)(1) At the sentencing hearing, the court, before imposing7794
sentence, shall consider the record, any information presented at7795
the hearing by any person pursuant to division (A) of this7796
section, and, if one was prepared, the presentence investigation7797
report made pursuant to section 2951.03 of the Revised Code or7798
Criminal Rule 32.2, and any victim impact statement made pursuant7799
to section 2947.051 of the Revised Code.7800

       (2) The court shall impose a sentence and shall make a7801
finding that gives its reasons for selecting the sentence imposed7802
in any of the following circumstances:7803

       (a) Unless the offense is a sexually violent offense for7804
which the court is required to impose sentence pursuant to7805
division (G) of section 2929.14 of the Revised Code, if it imposes7806
a prison term for a felony of the fourth or fifth degree or for a7807
felony drug offense that is a violation of a provision of Chapter7808
2925. of the Revised Code and that is specified as being subject7809
to division (B) of section 2929.13 of the Revised Code for7810
purposes of sentencing, its reasons for imposing the prison term,7811
based upon the overriding purposes and principles of felony7812
sentencing set forth in section 2929.11 of the Revised Code, and7813
any factors listed in divisions (B)(1)(a) to (i) of section7814
2929.13 of the Revised Code that it found to apply relative to the7815
offender.7816

       (b) If it does not impose a prison term for a felony of the7817
first or second degree or for a felony drug offense that is a7818
violation of a provision of Chapter 2925. of the Revised Code and7819
for which a presumption in favor of a prison term is specified as7820
being applicable, its reasons for not imposing the prison term and7821
for overriding the presumption, based upon the overriding purposes7822
and principles of felony sentencing set forth in section 2929.117823
of the Revised Code, and the basis of the findings it made under7824
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.7825

       (c) If it imposes consecutive sentences under section7826
2929.14 of the Revised Code, its reasons for imposing the7827
consecutive sentences;7828

       (d) If the sentence is for one offense and it imposes a7829
prison term for the offense that is the maximum prison term7830
allowed for that offense by division (A) of section 2929.14 of the7831
Revised Code, its reasons for imposing the maximum prison term;7832

       (e) If the sentence is for two or more offenses arising out7833
of a single incident and it imposes a prison term for those7834
offenses that is the maximum prison term allowed for the offense7835
of the highest degree by division (A) of section 2929.14 of the7836
Revised Code, its reasons for imposing the maximum prison term.7837

       (3) Subject to division (B)(4) of this section, if the7838
sentencing court determines at the sentencing hearing that a7839
prison term is necessary or required, the court shall do all of7840
the following:7841

       (a) Impose a stated prison term;7842

       (b) Notify the offender that, as part of the sentence, the7843
parole board may extend the stated prison term for certain7844
violations of prison rules for up to one-half of the stated prison7845
term;7846

       (c) Notify the offender that the offender will be supervised7847
under section 2967.28 of the Revised Code after the offender7848
leaves prison if the offender is being sentenced for a felony of7849
the first degree or second degree, for a felony sex offense, or7850
for a felony of the third degree in the commission of which the7851
offender caused or threatened to cause physical harm to a person;7852

       (d) Notify the offender that the offender may be supervised7853
under section 2967.28 of the Revised Code after the offender7854
leaves prison if the offender is being sentenced for a felony of7855
the third, fourth, or fifth degree that is not subject to division7856
(B)(3)(c) of this section;7857

       (e) Notify the offender that, if a period of supervision is7858
imposed following the offender's release from prison, as described7859
in division (B)(3)(c) or (d) of this section, and if the offender7860
violates that supervision or a condition of post-release control7861
imposed under division (B) of section 2967.131 of the Revised7862
Code, the parole board may impose a prison term, as part of the7863
sentence, of up to one-half of the stated prison term originally7864
imposed upon the offender;7865

       (f) Require that the offender not ingest or be injected with7866
a drug of abuse and submit to random drug testing as provided in7867
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever7868
is applicable to the offender who is serving a prison term, and7869
require that the results of the drug test administered under any7870
of those sections indicate that the offender did not ingest or was7871
not injected with a drug of abuse.7872

       (4) If the offender is being sentenced for a sexually7873
violent offense that the offender committed on or after January 1,7874
1997, and the offender also is convicted of or pleads guilty to a7875
sexually violent predator specification that was included in the7876
indictment, count in the indictment, or information charging the7877
sexually violent offense or if the offender is being sentenced for7878
a sexually oriented offense that the offender committed on or7879
after January 1, 1997, and the court imposing the sentence has7880
determined pursuant to division (B) of section 2950.09 of the7881
Revised Code that the offender is a sexual predator, the court7882
shall include in the offender's sentence a statement that the7883
offender has been adjudicated as being a sexual predator and shall7884
comply with the requirements of section 2950.03 of the Revised7885
Code. Additionally, in the circumstances described in division7886
(G) of section 2929.14 of the Revised Code, the court shall impose7887
sentence on the offender as described in that division.7888

       (5) If the sentencing court determines at the sentencing7889
hearing that a community control sanction should be imposed and7890
the court is not prohibited from imposing a community control7891
sanction, the court shall impose a community control sanction. The7892
court shall notify the offender that, if the conditions of the7893
sanction are violated, if the offender commits a violation of any7894
law, or if the offender leaves this state without the permission7895
of the court or the offender's probation officer, the court may7896
impose a longer time under the same sanction, may impose a more7897
restrictive sanction, or may impose a prison term on the offender7898
and shall indicate the specific prison term that may be imposed as7899
a sanction for the violation, as selected by the court from the7900
range of prison terms for the offense pursuant to section 2929.147901
of the Revised Code.7902

       (6) Before imposing a financial sanction under section7903
2929.18 of the Revised Code or a fine under section 2929.25 of the7904
Revised Code, the court shall consider the offender's present and7905
future ability to pay the amount of the sanction or fine.7906

       (C)(1) If the offender is being sentenced for a fourth7907
degree felony OMVIOVI offense under division (G)(1) of section7908
2929.13 of the Revised Code, the court shall impose the mandatory7909
term of local incarceration in accordance with that division,7910
shall impose a mandatory fine in accordance with division (B)(3)7911
of section 2929.18 of the Revised Code, and, in addition, may7912
impose additional sanctions as specified in sections 2929.15,7913
2929.16, 2929.17, and 2929.18 of the Revised Code. The court7914
shall not impose a prison term on the offender.7915

       (2) If the offender is being sentenced for a third or fourth7916
degree felony OMVIOVI offense under division (G)(2) of section7917
2929.13 of the Revised Code, the court shall impose the mandatory7918
prison term in accordance with that division, shall impose a7919
mandatory fine in accordance with division (B)(3) of section7920
2929.18 of the Revised Code, and, in addition, may impose an7921
additional prison term as specified in section 2929.14 of the7922
Revised Code. The court shall not impose any community control7923
sanction on the offender.7924

       (D) The sentencing court, pursuant to division (K) of7925
section 2929.14 of the Revised Code, may recommend placement of7926
the offender in a program of shock incarceration under section7927
5120.031 of the Revised Code or an intensive program prison under7928
section 5120.032 of the Revised Code, disapprove placement of the7929
offender in a program or prison of that nature, or make no7930
recommendation. If the court recommends or disapproves placement,7931
it shall make a finding that gives its reasons for its7932
recommendation or disapproval.7933

       Sec. 2929.23.  (A) As used in this section:7934

       (1) "Electronic monitoring device" means any of the7935
following:7936

       (a) Any device that can be operated by electrical or battery7937
power and that conforms with all of the following:7938

       (i) The device has a transmitter that can be attached to a7939
person, that will transmit a specified signal to a receiver of the7940
type described in division (A)(1)(a)(ii) of this section if the7941
transmitter is removed from the person, turned off, or altered in7942
any manner without prior court approval in relation to7943
electronically monitored house arrest or electronically monitored7944
house detention or without prior approval of the department of7945
rehabilitation and correction in relation to the use of an7946
electronic monitoring device for an inmate on transitional control7947
or otherwise is tampered with, that can transmit continuously and7948
periodically a signal to that receiver when the person is within a7949
specified distance from the receiver, and that can transmit an7950
appropriate signal to that receiver if the person to whom it is7951
attached travels a specified distance from that receiver.7952

       (ii) The device has a receiver that can receive continuously7953
the signals transmitted by a transmitter of the type described in7954
division (A)(1)(a)(i) of this section, can transmit continuously7955
those signals by telephone to a central monitoring computer of the7956
type described in division (A)(1)(a)(iii) of this section, and can7957
transmit continuously an appropriate signal to that central7958
monitoring computer if the receiver is turned off or altered7959
without prior court approval or otherwise tampered with.7960

       (iii) The device has a central monitoring computer that can7961
receive continuously the signals transmitted by telephone by a7962
receiver of the type described in division (A)(1)(a)(ii) of this7963
section and can monitor continuously the person to whom an7964
electronic monitoring device of the type described in division7965
(A)(1)(a) of this section is attached.7966

       (b) Any device that is not a device of the type described in7967
division (A)(1)(a) of this section and that conforms with all of7968
the following:7969

       (i) The device includes a transmitter and receiver that can7970
monitor and determine the location of a subject person at any7971
time, or at a designated point in time, through the use of a7972
central monitoring computer or through other electronic means;7973

       (ii) The device includes a transmitter and receiver that can7974
determine at any time, or at a designated point in time, through7975
the use of a central monitoring computer or other electronic means7976
the fact that the transmitter is turned off or altered in any7977
manner without prior approval of the court in relation to7978
electronically monitored house arrest or electronically monitored7979
house detention or without prior approval of the department of7980
rehabilitation and correction in relation to the use of an7981
electronic monitoring device for an inmate on transitional control7982
or otherwise is tampered with.7983

       (c) Any type of technology that can adequately track or7984
determine the location of a subject person at any time and that is7985
approved by the director of rehabilitation and correction,7986
including, but not limited to, any satellite technology, voice7987
tracking system, or retinal scanning system that is so approved.7988

       (2) "Certified electronic monitoring device" means an7989
electronic monitoring device that has been certified by the7990
superintendent of the bureau of criminal identification and7991
investigation pursuant to division (C)(1) of this section.7992

       (3) "Eligible offender" means a person who has been7993
convicted of or pleaded guilty to any offense, except that a7994
person is not an "eligible offender" if any of the following apply7995
in relation to the person, the offense, or the person and the7996
offense:7997

       (a) The person is subject to or is serving a term of life7998
imprisonment.7999

       (b) The person is subject to or is serving a mandatory8000
prison term imposed under division (F) of section 2929.13,8001
division (D) of section 2929.14, or any other section of the8002
Revised Code, provided that, after the person has served all of8003
the mandatory prison terms so imposed, the person may be an8004
eligible offender unless excluded by division (A)(3)(a), (c) or8005
(d) of this section.8006

       (c) The offense is a violation of division (A) of section8007
4511.19 of the Revised Codefourth degree felony OVI offense, and8008
the offender is sentenced for that offense pursuant to division8009
(G)(1) of section 2929.13 of the Revised Code and is serving the8010
mandatory term of local incarceration of sixty or one hundred8011
twenty consecutive days of imprisonment imposed under that8012
division, provided that, after the person has served all of the8013
mandatory term of local incarceration so imposed, the person may8014
be an eligible offender unless excluded by division (A)(3)(a),8015
(b), or (d) of this section.8016

       (d) The offense is a violation of division (A) of section8017
4511.19 of the Revised Codethird or fourth degree felony OVI8018
offense, and the person is sentenced for that offense pursuant to8019
division (G)(2) of section 2929.13 of the Revised Code.8020

       (4) "Electronically monitored house arrest" means a period8021
of confinement of an eligible offender in the eligible offender's8022
home or in other premises specified by the sentencing court or a8023
period of confinement of a delinquent child in the child's home or8024
in other premises specified by the juvenile court, during which8025
period of confinement all of the following apply:8026

       (a) The eligible offender or child wears, otherwise has8027
attached to the eligible offender's or child's person, or8028
otherwise is subject to monitoring by a certified electronic8029
monitoring device, or the eligible offender or child is subject to8030
monitoring by a certified electronic monitoring system;8031

       (b) The eligible offender or child is required to remain in8032
the eligible offender's or child's home or other premises8033
specified by the sentencing court or juvenile court for the8034
specified period of confinement, except for periods of time during8035
which the eligible offender or child is at the eligible offender's8036
place of employment, at school, or at other premises as authorized8037
by the sentencing court;8038

       (c) The eligible offender or child is subject to monitoring8039
by a central system that monitors the certified electronic8040
monitoring device that is attached to the eligible offender's or8041
child's person or that otherwise is being used to monitor the8042
eligible offender or child and that can monitor and determine the8043
eligible offender's or child's location at any time or at a8044
designated point in time, or the eligible offender or child is8045
required to participate in monitoring by a certified electronic8046
monitoring system;8047

       (d) The eligible offender or child is required by the8048
sentencing court or juvenile court to report periodically to a8049
person designated by the court;8050

       (e) The eligible offender or child is subject to any other8051
restrictions and requirements that may be imposed by the8052
sentencing court or juvenile court.8053

       (5) "Electronic monitoring system" means a system by which8054
the location of an eligible offender can be verified8055
telephonically through the use of voice-activated voice response8056
technology that conforms with all of the following:8057

       (a) It can be programmed to call the telephone or telephones8058
assigned to the eligible offender who is the subject of the8059
monitoring as often as necessary;8060

       (b) It is equipped with a voice recognition system that can8061
work accurately and reliably under the anticipated conditions in8062
which it will operate;8063

       (c) It is equipped to perform an alarm function if the8064
eligible offender who is the subject of monitoring does not8065
respond to system commands in the manner required.8066

       (6) "Certified electronic monitoring system" means an8067
electronic monitoring system that has been certified by the8068
superintendent of the bureau of criminal identification and8069
investigation pursuant to division (C)(1) of this section.8070

       (7) "Transitional control" means the program of transitional8071
control established by the department of rehabilitation and8072
correction under section 2967.26 of the Revised Code, if the8073
department establishes a program of that nature under that8074
section.8075

       (B)(1) Any court may impose as a sanction pursuant to8076
sections 2929.15 and 2929.17 of the Revised Code a period of8077
electronically monitored house arrest upon an eligible offender8078
who is convicted of or pleads guilty to a felony, except that the8079
total of any period of electronically monitored house arrest8080
imposed upon that eligible offender plus the period of all other8081
sanctions imposed upon the same eligible offender pursuant to8082
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised8083
Code shall not exceed five years. Any court may impose a period8084
of electronically monitored house arrest upon an eligible offender8085
who is convicted of or pleads guilty to a misdemeanor in addition8086
to or in lieu of any other sentence imposed or authorized for the8087
offense, except that the total of any period of electronically8088
monitored house arrest imposed upon that eligible offender plus8089
the period of any sentence of imprisonment imposed upon the same8090
eligible offender shall not exceed the maximum term of8091
imprisonment that could be imposed upon the eligible offender8092
pursuant to section 2929.21 of the Revised Code and except that,8093
if the offense for which an eligible offender is being sentenced8094
is a violation of division (A) of section 4511.19 or of division8095
(D)(2)(A) of section 4507.024510.14 of the Revised Code, the8096
court may impose a period of electronically monitored house arrest8097
upon the eligible offender only when authorized by and only in the8098
circumstances described in division (A)(G) of section 4511.998099
4511.19 or division (B)(C) of section 4507.994510.14 of the8100
Revised Code.8101

       If a court imposes a period of electronically monitored house8102
arrest upon an eligible offender, it shall require the eligible8103
offender to wear, otherwise have attached to the eligible8104
offender's person, or otherwise be subject to monitoring by a8105
certified electronic monitoring device or to participate in the8106
operation of and monitoring by a certified electronic monitoring8107
system; to remain in the eligible offender's home or other8108
specified premises for the entire period of electronically8109
monitored house arrest except when the court permits the eligible8110
offender to leave those premises to go to the eligible offender's8111
place of employment or to other specified premises; to be8112
monitored by a central system that monitors the certified8113
electronic monitoring device that is attached to the eligible8114
offender's person or that otherwise is being used to monitor the8115
eligible offender and that can monitor and determine the eligible8116
offender's location at any time or at a designated point in time8117
or to be monitored by the certified electronic monitoring system;8118
to report periodically to a person designated by the court; and,8119
in return for receiving a period of electronically monitored house8120
arrest, to enter into a written contract with the court agreeing8121
to comply with all restrictions and requirements imposed by the8122
court, agreeing to pay any fee imposed by the court for the costs8123
of the electronically monitored house arrest imposed by the court8124
pursuant to division (E) of this section, and agreeing to waive8125
the right to receive credit for any time served on electronically8126
monitored house arrest toward any prison term or sentence of8127
imprisonment imposed upon the eligible offender for the offense8128
for which the period of electronically monitored house arrest was8129
imposed if the eligible offender violates any of the restrictions8130
or requirements of the period of electronically monitored house8131
arrest, and additionally, it may impose any other reasonable8132
restrictions and requirements upon the eligible offender.8133

       (2) If an eligible offender violates any of the restrictions8134
or requirements imposed upon the eligible offender as part of the8135
eligible offender's period of electronically monitored house8136
arrest, the eligible offender shall not receive credit for any8137
time served on electronically monitored house arrest toward any8138
prison term or sentence of imprisonment imposed upon the eligible8139
offender for the offense for which the period of electronically8140
monitored house arrest was imposed.8141

       (C)(1) The superintendent of the bureau of criminal8142
identification and investigation, in accordance with this section8143
and rules adopted by the superintendent pursuant to division8144
(C)(2) of this section, shall certify for use in cases of8145
electronically monitored house arrest and in relation to an inmate8146
on transitional control specific types and brands of electronic8147
monitoring devices and electronic monitoring systems that comply8148
with the requirements of this section, section 5120.073 of the8149
Revised Code, and those rules. Any manufacturer that, pursuant to8150
this division, seeks to obtain the certification of any type or8151
brand of electronic monitoring device or electronic monitoring8152
system shall submit to the superintendent an application for8153
certification in accordance with those rules together with the8154
application fee and costs of certification as required by those8155
rules. The superintendent shall not certify any electronic8156
monitoring device or electronic monitoring system pursuant to this8157
division unless the application fee and costs have been paid to8158
the superintendent.8159

       (2) The superintendent, in accordance with Chapter 119. of8160
the Revised Code, shall adopt rules for certifying specific types8161
and brands of electronic monitoring devices and electronic8162
monitoring systems for use in electronically monitored house8163
arrest and in relation to an inmate on transitional control. The8164
rules shall set forth the requirements for obtaining the8165
certification, the application fee and other costs for obtaining8166
the certification, the procedure for applying for certification,8167
and any other requirements and procedures considered necessary by8168
the superintendent. The rules shall require that no type or brand8169
of electronic monitoring device or electronic monitoring system be8170
certified unless the type or brand of device or system complies8171
with whichever of the following is applicable, in addition to any8172
other requirements specified by the superintendent:8173

       (a) For electronic monitoring devices of the type described8174
in division (A)(1)(a) of this section, the type or brand of device8175
complies with all of the following:8176

       (i) It has a transmitter of the type described in division8177
(A)(1)(a)(i) of this section, a receiver of the type described in8178
division (A)(1)(a)(ii) of this section, and a central monitoring8179
computer of the type described in division (A)(1)(a)(iii) of this8180
section;8181

       (ii) Its transmitter can be worn by or attached to a person8182
with a minimum of discomfort during normal activities, is8183
difficult to remove, turn off, or otherwise alter without prior8184
court approval in relation to electronically monitored house8185
arrest or prior approval of the department of rehabilitation and8186
correction in relation to the use of an electronic monitoring8187
device for an inmate on transitional control, and will transmit a8188
specified signal to the receiver if it is removed, turned off,8189
altered, or otherwise tampered with;8190

       (iii) Its receiver is difficult to turn off or alter and8191
will transmit a signal to the central monitoring computer if it is8192
turned off, altered, or otherwise tampered with;8193

       (iv) Its central monitoring computer is difficult to8194
circumvent;8195

       (v) Its transmitter, receiver, and central monitoring8196
computer work accurately and reliably under the anticipated8197
conditions under which electronically monitored house arrest will8198
be imposed by courts or under which an electronic monitoring8199
device will be used by the department of rehabilitation and8200
correction in relation to an inmate on transitional control;8201

       (vi) It has a backup battery power supply that operates8202
automatically when the main source of electrical or battery power8203
for the device fails.8204

       (b) For electronic monitoring devices of the type described8205
in division (A)(1)(b) of this section, the type or brand of device8206
complies with all of the following:8207

       (i) It has a transmitter and receiver of the type described8208
in divisions (A)(1)(b)(i) and (ii) of this section.8209

       (ii) Its transmitter is difficult to turn off or alter8210
without prior court approval in relation to electronically8211
monitored house arrest or without prior approval of the8212
department of rehabilitation and correction in relation to the use8213
of an electronic monitoring device for an inmate on transitional8214
control, and, if the transmitter is turned off or altered in any8215
manner without prior approval of the court or department or8216
otherwise is tampered with, the fact that it has been turned off,8217
altered, or tampered with can be determined at any time, or at a8218
designated point in time, through the use of a central monitoring8219
computer or through other electronic means.8220

       (iii) Its receiver is difficult to turn off or alter, and,8221
if the receiver is turned off, altered, or otherwise tampered8222
with, the fact that it has been turned off, altered, or tampered8223
with can be determined at any time, or at a designated point in8224
time, through the use of a central monitoring computer or through8225
other electronic means.8226

       (iv) Its central monitoring computer or other means of8227
electronic monitoring is difficult to circumvent.8228

       (v) Its transmitter, receiver, and central monitoring8229
computer or other means of electronic monitoring work accurately8230
and reliably under the anticipated conditions under which8231
electronically monitored house arrest will be used, or under8232
which an electronic monitoring device will be used by the8233
department of rehabilitation and correction in relation to an8234
inmate on transitional control.8235

       (vi) If it operates on electrical or battery power, it has a8236
backup battery power supply that operates automatically when the8237
main source of electrical or battery power for the device fails,8238
or, if it does not operate on electrical or battery power, it has8239
a backup method of operation so that it will continue to operate8240
if its main method of operation fails.8241

       (c) For electronic monitoring systems, the type or brand of8242
system complies with all of the following:8243

       (i) It can be programmed to call the telephone or telephones8244
assigned to the person who is the subject of the monitoring as8245
often as necessary;8246

       (ii) It is equipped with a voice recognition system that can8247
work accurately and reliably under the anticipated conditions in8248
which it will operate;8249

       (iii) It is equipped to perform an alarm function if the8250
person who is the subject of the monitoring does not respond to8251
system commands in the manner required.8252

       (3) The superintendent shall publish and make available to8253
all courts and to the department of rehabilitation and correction,8254
without charge, a list of all types and brands of electronic8255
monitoring devices and electronic monitoring systems that have8256
been certified by the superintendent pursuant to division (C)(1)8257
of this section and information about the manufacturers of the8258
certified devices and systems and places at which the devices and8259
systems can be obtained.8260

       (D) The superintendent of the bureau of criminal8261
identification and investigation shall deposit all costs and fees8262
collected pursuant to division (C) of this section into the8263
general revenue fund.8264

       (E)(1) Each county in which is located a court that imposes8265
a period of electronically monitored house arrest as a sentencing8266
sanction or alternative may establish in the county treasury an8267
electronically monitored house arrest fund. The clerk of each8268
court that uses that sentencing sanction or alternative may8269
deposit into the fund all fees collected from eligible offenders8270
upon whom electronically monitored house arrest is imposed8271
pursuant to this section, section 2152.19, or any other section8272
of the Revised Code that specifically authorizes the imposition of8273
electronically monitored house arrest. Each court that imposes8274
electronically monitored house arrest may adopt by local court8275
rule a reasonable daily fee to be paid by each eligible offender8276
upon whom a period of electronically monitored house arrest is8277
imposed as a sentencing sanction or alternative. The fee may8278
include the actual costs of providing house arrest and an8279
additional amount necessary to enable the court to provide8280
electronically monitored house arrest to indigent eligible8281
offenders. The fund may be used only for the payment of the costs8282
of electronically monitored house arrest, including, but not8283
limited to, the costs of electronically monitored house arrest for8284
indigent eligible offenders.8285

       (2) If a fee is adopted pursuant to division (E)(1) of this8286
section, it shall be in addition to any fine specifically8287
authorized or required by any other section of the Revised Code8288
for an eligible offender upon whom a period of electronically8289
monitored house arrest is imposed as a sentencing sanction or8290
alternative.8291

       Sec. 2929.41.  (A) Except as provided in division (B) of8292
this section, division (E) of section 2929.14, or division (D) or8293
(E) of section 2971.03 of the Revised Code, a sentence of8294
imprisonment shall be served concurrently with any other sentence8295
of imprisonment imposed by a court of this state, another state,8296
or the United States. Except as provided in division (B)(2)(3) of8297
this section, a sentence of imprisonment for misdemeanor shall be8298
served concurrently with a prison term or sentence of imprisonment8299
for felony served in a state or federal correctional institution.8300

       (B)(1) A sentence of imprisonment for a misdemeanor shall be8301
served consecutively to any other sentence of imprisonment when8302
the trial court specifies that it is to be served consecutively or8303
when it is imposed for a misdemeanor violation of section8304
2907.322, 2921.34, or 2923.131 of the Revised Code.8305

       When consecutive sentences of imprisonment are imposed for8306
misdemeanor under this division, the term to be served is the8307
aggregate of the consecutive terms imposed, except that the8308
aggregate term to be served shall not exceed eighteen months.8309

       (3)(2) If a court of this state imposes a prison term upon8310
the offender for the commission of a felony and a court of another8311
state or the United States also has imposed a prison term upon the8312
offender for the commission of a felony, the court of this state8313
may order that the offender serve the prison term it imposes8314
consecutively to any prison term imposed upon the offender by the8315
court of another state or the United States.8316

       (2)(3) A sentence of imprisonment imposed for a misdemeanor8317
violation of section 4510.11, 4510.14, 4510.16, 4510.21,or8318
4511.19 or division (B)(1), (C), (D)(1), or (D)(2) of section8319
4507.02 of the Revised Code shall be served consecutively to a8320
prison term that is imposed for a felony violation of section8321
2903.06, 2903.07, 2903.08, or 4511.19 of the Revised Code or a8322
felony violation of section 2903.04 of the Revised Code involving8323
the operation of a motor vehicle by the offender and that is8324
served in a state correctional institution when the trial court8325
specifies that it is to be served consecutively.8326

       When consecutive sentences of imprisonment and prison terms8327
are imposed for one or more misdemeanors and one or more felonies8328
under this division, the term to be served is the aggregate of the8329
consecutive terms imposed, and the offender shall serve all terms8330
imposed for a felony before serving any term imposed for a8331
misdemeanor.8332

       Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,8333
deputy marshal, municipal police officer, township constable,8334
police officer of a township or joint township police district,8335
member of a police force employed by a metropolitan housing8336
authority under division (D) of section 3735.31 of the Revised8337
Code, member of a police force employed by a regional transit8338
authority under division (Y) of section 306.35 of the Revised8339
Code, state university law enforcement officer appointed under8340
section 3345.04 of the Revised Code, Ohio veterans' home police8341
officer appointed under section 5907.02 of the Revised Code, or8342
special police officer employed by a port authority under section8343
4582.04 or 4582.28 of the Revised Code shall arrest and detain,8344
until a warrant can be obtained, a person found violating, within8345
the limits of the political subdivision, metropolitan housing8346
authority housing project, regional transit authority facilities8347
or areas of a municipal corporation that have been agreed to by a8348
regional transit authority and a municipal corporation located8349
within its territorial jurisdiction, college, university, Ohio8350
veterans' home, or port authority in which the peace officer is8351
appointed, employed, or elected, a law of this state, an ordinance8352
of a municipal corporation, or a resolution of a township.8353

       (2) A peace officer of the department of natural resources8354
or an individual designated to perform law enforcement duties8355
under section 511.232, 1545.13, or 6101.75 of the Revised Code8356
shall arrest and detain, until a warrant can be obtained, a person8357
found violating, within the limits of the peace officer's or8358
individual's territorial jurisdiction, a law of this state.8359

       (3) The house sergeant at arms if the house sergeant at arms8360
has arrest authority pursuant to division (E)(1) of section8361
101.311 of the Revised Code and an assistant house sergeant at8362
arms shall arrest and detain, until a warrant can be obtained, a8363
person found violating, within the limits of the sergeant at arm's8364
arms's or assistant sergeant at arm'sarms's territorial8365
jurisdiction specified in division (D)(1)(a) of section 101.311 of8366
the Revised Code or while providing security pursuant to division8367
(D)(1)(f) of section 101.311 of the Revised Code, a law of this8368
state, an ordinance of a municipal corporation, or a resolution of8369
a township.8370

       (B)(1) When there is reasonable ground to believe that an8371
offense of violence, the offense of criminal child enticement as8372
defined in section 2905.05 of the Revised Code, the offense of8373
public indecency as defined in section 2907.09 of the Revised8374
Code, the offense of domestic violence as defined in section8375
2919.25 of the Revised Code, the offense of violating a protection8376
order as defined in section 2919.27 of the Revised Code, the8377
offense of menacing by stalking as defined in section 2903.211 of8378
the Revised Code, the offense of aggravated trespass as defined in8379
section 2911.211 of the Revised Code, a theft offense as defined8380
in section 2913.01 of the Revised Code, or a felony drug abuse8381
offense as defined in section 2925.01 of the Revised Code, has8382
been committed within the limits of the political subdivision,8383
metropolitan housing authority housing project, regional transit8384
authority facilities or those areas of a municipal corporation8385
that have been agreed to by a regional transit authority and a8386
municipal corporation located within its territorial jurisdiction,8387
college, university, Ohio veterans' home, or port authority in8388
which the peace officer is appointed, employed, or elected or8389
within the limits of the territorial jurisdiction of the peace8390
officer, a peace officer described in division (A) of this section8391
may arrest and detain until a warrant can be obtained any person8392
who the peace officer has reasonable cause to believe is guilty of8393
the violation.8394

       (2) For purposes of division (B)(1) of this section, the8395
execution of any of the following constitutes reasonable ground to8396
believe that the offense alleged in the statement was committed8397
and reasonable cause to believe that the person alleged in the8398
statement to have committed the offense is guilty of the8399
violation:8400

       (a) A written statement by a person alleging that an alleged8401
offender has committed the offense of menacing by stalking or8402
aggravated trespass;8403

       (b) A written statement by the administrator of the8404
interstate compact on mental health appointed under section8405
5119.51 of the Revised Code alleging that a person who had been8406
hospitalized, institutionalized, or confined in any facility under8407
an order made pursuant to or under authority of section 2945.37,8408
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8409
Revised Code has escaped from the facility, from confinement in a8410
vehicle for transportation to or from the facility, or from8411
supervision by an employee of the facility that is incidental to8412
hospitalization, institutionalization, or confinement in the8413
facility and that occurs outside of the facility, in violation of8414
section 2921.34 of the Revised Code;8415

       (c) A written statement by the administrator of any facility8416
in which a person has been hospitalized, institutionalized, or8417
confined under an order made pursuant to or under authority of8418
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8419
2945.402 of the Revised Code alleging that the person has escaped8420
from the facility, from confinement in a vehicle for8421
transportation to or from the facility, or from supervision by an8422
employee of the facility that is incidental to hospitalization,8423
institutionalization, or confinement in the facility and that8424
occurs outside of the facility, in violation of section 2921.34 of8425
the Revised Code.8426

       (3)(a) For purposes of division (B)(1) of this section, a8427
peace officer described in division (A) of this section has8428
reasonable grounds to believe that the offense of domestic8429
violence or the offense of violating a protection order has been8430
committed and reasonable cause to believe that a particular person8431
is guilty of committing the offense if any of the following8432
occurs:8433

       (i) A person executes a written statement alleging that the8434
person in question has committed the offense of domestic violence8435
or the offense of violating a protection order against the person8436
who executes the statement or against a child of the person who8437
executes the statement.8438

       (ii) No written statement of the type described in division8439
(B)(3)(a)(i) of this section is executed, but the peace officer,8440
based upon the peace officer's own knowledge and observation of8441
the facts and circumstances of the alleged incident of the offense8442
of domestic violence or the alleged incident of the offense of8443
violating a protection order or based upon any other information,8444
including, but not limited to, any reasonably trustworthy8445
information given to the peace officer by the alleged victim of8446
the alleged incident of the offense or any witness of the alleged8447
incident of the offense, concludes that there are reasonable8448
grounds to believe that the offense of domestic violence or the8449
offense of violating a protection order has been committed and8450
reasonable cause to believe that the person in question is guilty8451
of committing the offense.8452

       (iii) No written statement of the type described in division8453
(B)(3)(a)(i) of this section is executed, but the peace officer8454
witnessed the person in question commit the offense of domestic8455
violence or the offense of violating a protection order.8456

       (b) If pursuant to division (B)(3)(a) of this section a8457
peace officer has reasonable grounds to believe that the offense8458
of domestic violence or the offense of violating a protection8459
order has been committed and reasonable cause to believe that a8460
particular person is guilty of committing the offense, it is the8461
preferred course of action in this state that the officer arrest8462
and detain that person pursuant to division (B)(1) of this section8463
until a warrant can be obtained.8464

       If pursuant to division (B)(3)(a) of this section a peace8465
officer has reasonable grounds to believe that the offense of8466
domestic violence or the offense of violating a protection order8467
has been committed and reasonable cause to believe that family or8468
household members have committed the offense against each other,8469
it is the preferred course of action in this state that the8470
officer, pursuant to division (B)(1) of this section, arrest and8471
detain until a warrant can be obtained the family or household8472
member who committed the offense and whom the officer has8473
reasonable cause to believe is the primary physical aggressor.8474
There is no preferred course of action in this state regarding any8475
other family or household member who committed the offense and8476
whom the officer does not have reasonable cause to believe is the8477
primary physical aggressor, but, pursuant to division (B)(1) of8478
this section, the peace officer may arrest and detain until a8479
warrant can be obtained any other family or household member who8480
committed the offense and whom the officer does not have8481
reasonable cause to believe is the primary physical aggressor.8482

       (c) If a peace officer described in division (A) of this8483
section does not arrest and detain a person whom the officer has8484
reasonable cause to believe committed the offense of domestic8485
violence or the offense of violating a protection order when it is8486
the preferred course of action in this state pursuant to division8487
(B)(3)(b) of this section that the officer arrest that person, the8488
officer shall articulate in the written report of the incident8489
required by section 2935.032 of the Revised Code a clear statement8490
of the officer's reasons for not arresting and detaining that8491
person until a warrant can be obtained.8492

       (d) In determining for purposes of division (B)(3)(b) of8493
this section which family or household member is the primary8494
physical aggressor in a situation in which family or household8495
members have committed the offense of domestic violence or the8496
offense of violating a protection order against each other, a8497
peace officer described in division (A) of this section, in8498
addition to any other relevant circumstances, should consider all8499
of the following:8500

       (i) Any history of domestic violence or of any other violent8501
acts by either person involved in the alleged offense that the8502
officer reasonably can ascertain;8503

       (ii) If violence is alleged, whether the alleged violence8504
was caused by a person acting in self-defense;8505

       (iii) Each person's fear of physical harm, if any, resulting8506
from the other person's threatened use of force against any person8507
or resulting from the other person's use or history of the use of8508
force against any person, and the reasonableness of that fear;8509

       (iv) The comparative severity of any injuries suffered by8510
the persons involved in the alleged offense.8511

       (e)(i) A peace officer described in division (A) of this8512
section shall not require, as a prerequisite to arresting or8513
charging a person who has committed the offense of domestic8514
violence or the offense of violating a protection order, that the8515
victim of the offense specifically consent to the filing of8516
charges against the person who has committed the offense or sign a8517
complaint against the person who has committed the offense.8518

       (ii) If a person is arrested for or charged with committing8519
the offense of domestic violence or the offense of violating a8520
protection order and if the victim of the offense does not8521
cooperate with the involved law enforcement or prosecuting8522
authorities in the prosecution of the offense or, subsequent to8523
the arrest or the filing of the charges, informs the involved law8524
enforcement or prosecuting authorities that the victim does not8525
wish the prosecution of the offense to continue or wishes to drop8526
charges against the alleged offender relative to the offense, the8527
involved prosecuting authorities, in determining whether to8528
continue with the prosecution of the offense or whether to dismiss8529
charges against the alleged offender relative to the offense and8530
notwithstanding the victim's failure to cooperate or the victim's8531
wishes, shall consider all facts and circumstances that are8532
relevant to the offense, including, but not limited to, the8533
statements and observations of the peace officers who responded to8534
the incident that resulted in the arrest or filing of the charges8535
and of all witnesses to that incident.8536

       (f) In determining pursuant to divisions (B)(3)(a) to (g) of8537
this section whether to arrest a person pursuant to division8538
(B)(1) of this section, a peace officer described in division (A)8539
of this section shall not consider as a factor any possible8540
shortage of cell space at the detention facility to which the8541
person will be taken subsequent to the person's arrest or any8542
possibility that the person's arrest might cause, contribute to,8543
or exacerbate overcrowding at that detention facility or at any8544
other detention facility.8545

       (g) If a peace officer described in division (A) of this8546
section intends pursuant to divisions (B)(3)(a) to (g) of this8547
section to arrest a person pursuant to division (B)(1) of this8548
section and if the officer is unable to do so because the person8549
is not present, the officer promptly shall seek a warrant for the8550
arrest of the person.8551

       (h) If a peace officer described in division (A) of this8552
section responds to a report of an alleged incident of the offense8553
of domestic violence or an alleged incident of the offense of8554
violating a protection order and if the circumstances of the8555
incident involved the use or threatened use of a deadly weapon or8556
any person involved in the incident brandished a deadly weapon8557
during or in relation to the incident, the deadly weapon that was8558
used, threatened to be used, or brandished constitutes contraband,8559
and, to the extent possible, the officer shall seize the deadly8560
weapon as contraband pursuant to section 2933.43 of the Revised8561
Code. Upon the seizure of a deadly weapon pursuant to division8562
(B)(3)(h) of this section, section 2933.43 of the Revised Code8563
shall apply regarding the treatment and disposition of the deadly8564
weapon. For purposes of that section, the "underlying criminal8565
offense" that was the basis of the seizure of a deadly weapon8566
under division (B)(3)(h) of this section and to which the deadly8567
weapon had a relationship is any of the following that is8568
applicable:8569

       (i) The alleged incident of the offense of domestic violence8570
or the alleged incident of the offense of violating a protection8571
order to which the officer who seized the deadly weapon responded;8572

       (ii) Any offense that arose out of the same facts and8573
circumstances as the report of the alleged incident of the offense8574
of domestic violence or the alleged incident of the offense of8575
violating a protection order to which the officer who seized the8576
deadly weapon responded.8577

       (4) If, in the circumstances described in divisions8578
(B)(3)(a) to (g) of this section, a peace officer described in8579
division (A) of this section arrests and detains a person pursuant8580
to division (B)(1) of this section, or if, pursuant to division8581
(B)(3)(h) of this section, a peace officer described in division8582
(A) of this section seizes a deadly weapon, the officer, to the8583
extent described in and in accordance with section 9.86 or 2744.038584
of the Revised Code, is immune in any civil action for damages for8585
injury, death, or loss to person or property that arises from or8586
is related to the arrest and detention or the seizure.8587

       (C) When there is reasonable ground to believe that a8588
violation of division (A)(1), (B)(2), or (C)(3) of section 4506.158589
or a violation of section 4511.19 of the Revised Code has been8590
committed by a person operating a motor vehicle subject to8591
regulation by the public utilities commission of Ohio under Title8592
XLIX of the Revised Code, a peace officer with authority to8593
enforce that provision of law may stop or detain the person whom8594
the officer has reasonable cause to believe was operating the8595
motor vehicle in violation of the division or section and, after8596
investigating the circumstances surrounding the operation of the8597
vehicle, may arrest and detain the person.8598

       (D) If a sheriff, deputy sheriff, marshal, deputy marshal,8599
municipal police officer, member of a police force employed by a8600
metropolitan housing authority under division (D) of section8601
3735.31 of the Revised Code, member of a police force employed by8602
a regional transit authority under division (Y) of section 306.358603
of the Revised Code, special police officer employed by a port8604
authority under section 4582.04 or 4582.28 of the Revised Code,8605
township constable, police officer of a township or joint township8606
police district, state university law enforcement officer8607
appointed under section 3345.04 of the Revised Code, peace officer8608
of the department of natural resources, individual designated to8609
perform law enforcement duties under section 511.232, 1545.13, or8610
6101.75 of the Revised Code, the house sergeant at arms if the8611
house sergeant at arms has arrest authority pursuant to division8612
(E)(1) of section 101.311 of the Revised Code, or an assistant8613
house sergeant at arms is authorized by division (A) or (B) of8614
this section to arrest and detain, within the limits of the8615
political subdivision, metropolitan housing authority housing8616
project, regional transit authority facilities or those areas of a8617
municipal corporation that have been agreed to by a regional8618
transit authority and a municipal corporation located within its8619
territorial jurisdiction, port authority, college, or university8620
in which the officer is appointed, employed, or elected or within8621
the limits of the territorial jurisdiction of the peace officer, a8622
person until a warrant can be obtained, the peace officer, outside8623
the limits of that territory, may pursue, arrest, and detain that8624
person until a warrant can be obtained if all of the following8625
apply:8626

       (1) The pursuit takes place without unreasonable delay after8627
the offense is committed;8628

       (2) The pursuit is initiated within the limits of the8629
political subdivision, metropolitan housing authority housing8630
project, regional transit authority facilities or those areas of a8631
municipal corporation that have been agreed to by a regional8632
transit authority and a municipal corporation located within its8633
territorial jurisdiction, port authority, college, or university8634
in which the peace officer is appointed, employed, or elected or8635
within the limits of the territorial jurisdiction of the peace8636
officer;8637

       (3) The offense involved is a felony, a misdemeanor of the8638
first degree or a substantially equivalent municipal ordinance, a8639
misdemeanor of the second degree or a substantially equivalent8640
municipal ordinance, or any offense for which points are8641
chargeable pursuant to division (G) of section 4507.0214510.0368642
of the Revised Code.8643

       (E) In addition to the authority granted under division (A)8644
or (B) of this section:8645

       (1) A sheriff or deputy sheriff may arrest and detain, until8646
a warrant can be obtained, any person found violating section8647
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section8648
4549.62, or Chapter 4511. or 4513. of the Revised Code on the8649
portion of any street or highway that is located immediately8650
adjacent to the boundaries of the county in which the sheriff or8651
deputy sheriff is elected or appointed.8652

       (2) A member of the police force of a township police8653
district created under section 505.48 of the Revised Code, a8654
member of the police force of a joint township police district8655
created under section 505.481 of the Revised Code, or a township8656
constable appointed in accordance with section 509.01 of the8657
Revised Code, who has received a certificate from the Ohio peace8658
officer training commission under section 109.75 of the Revised8659
Code, may arrest and detain, until a warrant can be obtained, any8660
person found violating any section or chapter of the Revised Code8661
listed in division (E)(1) of this section, other than sections8662
4513.33 and 4513.34 of the Revised Code, on the portion of any8663
street or highway that is located immediately adjacent to the8664
boundaries of the township police district or joint township8665
police district, in the case of a member of a township police8666
district or joint township police district police force, or the8667
unincorporated territory of the township, in the case of a8668
township constable. However, if the population of the township8669
that created the township police district served by the member's8670
police force, or the townships that created the joint township8671
police district served by the member's police force, or the8672
township that is served by the township constable, is sixty8673
thousand or less, the member of the township police district or8674
joint police district police force or the township constable may8675
not make an arrest under division (E)(2) of this section on a8676
state highway that is included as part of the interstate system.8677

       (3) A police officer or village marshal appointed, elected,8678
or employed by a municipal corporation may arrest and detain,8679
until a warrant can be obtained, any person found violating any8680
section or chapter of the Revised Code listed in division (E)(1)8681
of this section on the portion of any street or highway that is8682
located immediately adjacent to the boundaries of the municipal8683
corporation in which the police officer or village marshal is8684
appointed, elected, or employed.8685

       (4) A peace officer of the department of natural resources8686
or an individual designated to perform law enforcement duties8687
under section 511.232, 1545.13, or 6101.75 of the Revised Code may8688
arrest and detain, until a warrant can be obtained, any person8689
found violating any section or chapter of the Revised Code listed8690
in division (E)(1) of this section, other than sections 4513.338691
and 4513.34 of the Revised Code, on the portion of any street or8692
highway that is located immediately adjacent to the boundaries of8693
the lands and waters that constitute the territorial jurisdiction8694
of the peace officer.8695

       (F)(1) A department of mental health special police officer8696
or a department of mental retardation and developmental8697
disabilities special police officer may arrest without a warrant8698
and detain until a warrant can be obtained any person found8699
committing on the premises of any institution under the8700
jurisdiction of the particular department a misdemeanor under a8701
law of the state.8702

       A department of mental health special police officer or a8703
department of mental retardation and developmental disabilities8704
special police officer may arrest without a warrant and detain8705
until a warrant can be obtained any person who has been8706
hospitalized, institutionalized, or confined in an institution8707
under the jurisdiction of the particular department pursuant to or8708
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8709
2945.40, 2945.401, or 2945.402 of the Revised Code and who is8710
found committing on the premises of any institution under the8711
jurisdiction of the particular department a violation of section8712
2921.34 of the Revised Code that involves an escape from the8713
premises of the institution.8714

       (2)(a) If a department of mental health special police8715
officer or a department of mental retardation and developmental8716
disabilities special police officer finds any person who has been8717
hospitalized, institutionalized, or confined in an institution8718
under the jurisdiction of the particular department pursuant to or8719
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,8720
2945.40, 2945.401, or 2945.402 of the Revised Code committing a8721
violation of section 2921.34 of the Revised Code that involves an8722
escape from the premises of the institution, or if there is8723
reasonable ground to believe that a violation of section 2921.348724
of the Revised Code has been committed that involves an escape8725
from the premises of an institution under the jurisdiction of the8726
department of mental health or the department of mental8727
retardation and developmental disabilities and if a department of8728
mental health special police officer or a department of mental8729
retardation and developmental disabilities special police officer8730
has reasonable cause to believe that a particular person who has8731
been hospitalized, institutionalized, or confined in the8732
institution pursuant to or under authority of section 2945.37,8733
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the8734
Revised Code is guilty of the violation, the special police8735
officer, outside of the premises of the institution, may pursue,8736
arrest, and detain that person for that violation of section8737
2921.34 of the Revised Code, until a warrant can be obtained, if8738
both of the following apply:8739

       (i) The pursuit takes place without unreasonable delay after8740
the offense is committed;8741

       (ii) The pursuit is initiated within the premises of the8742
institution from which the violation of section 2921.34 of the8743
Revised Code occurred.8744

       (b) For purposes of division (F)(2)(a) of this section, the8745
execution of a written statement by the administrator of the8746
institution in which a person had been hospitalized,8747
institutionalized, or confined pursuant to or under authority of8748
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or8749
2945.402 of the Revised Code alleging that the person has escaped8750
from the premises of the institution in violation of section8751
2921.34 of the Revised Code constitutes reasonable ground to8752
believe that the violation was committed and reasonable cause to8753
believe that the person alleged in the statement to have committed8754
the offense is guilty of the violation.8755

       (G) As used in this section:8756

       (1) A "department of mental health special police officer"8757
means a special police officer of the department of mental health8758
designated under section 5119.14 of the Revised Code who is8759
certified by the Ohio peace officer training commission under8760
section 109.77 of the Revised Code as having successfully8761
completed an approved peace officer basic training program.8762

       (2) A "department of mental retardation and developmental8763
disabilities special police officer" means a special police8764
officer of the department of mental retardation and developmental8765
disabilities designated under section 5123.13 of the Revised Code8766
who is certified by the Ohio peace officer training council under8767
section 109.77 of the Revised Code as having successfully8768
completed an approved peace officer basic training program.8769

       (3) "Deadly weapon" has the same meaning as in section8770
2923.11 of the Revised Code.8771

       (4) "Family or household member" has the same meaning as in8772
section 2919.25 of the Revised Code.8773

       (5) "Street" or "highway" has the same meaning as in section8774
4511.01 of the Revised Code.8775

       (6) "Interstate system" has the same meaning as in section8776
5516.01 of the Revised Code.8777

       (7) "Peace officer of the department of natural resources"8778
means an employee of the department of natural resources who is a8779
natural resources law enforcement staff officer designated8780
pursuant to section 1501.013, a forest officer designated pursuant8781
to section 1503.29, a preserve officer designated pursuant to8782
section 1517.10, a wildlife officer designated pursuant to section8783
1531.13, a park officer designated pursuant to section 1541.10, or8784
a state watercraft officer designated pursuant to section 1547.5218785
of the Revised Code.8786

       Sec. 2935.27.  (A)(1) If a law enforcement officer issues a8787
citation to a person pursuant to section 2935.26 of the Revised8788
Code and if the minor misdemeanor offense for which the citation8789
is issued is an act prohibited by Chapter 4511., 4513., or 4549.8790
of the Revised Code or an act prohibited by any municipal8791
ordinance that is substantially similar to any section contained8792
in Chapter 4511., 4513., or 4549. of the Revised Code, the officer8793
shall inform the person, if the person has a current valid Ohio8794
driver's or commercial driver's license, of the possible8795
consequences of the person's actions as required under division8796
(E) of this section, and also shall inform the person that the8797
person is required either to appear at the time and place stated8798
in the citation or to comply with division (C) of section 2935.268799
of the Revised Code.8800

       (2) If the person is an Ohio resident whobut does not have8801
a current valid Ohio driver's or commercial driver's license or if8802
the person is a resident of a state that is not a member of the8803
nonresident violator compact, of which this state is a member8804
pursuant to section 4511.954510.71 of the Revised Code, and if8805
the officer shall bring the person before the court with which the8806
citation is required to be filed,by local rule, has prescribed a8807
procedure for the setting of a reasonable security by the court8808
pursuant to division (F) of this section, security shall be set in8809
accordance with that local rule and that division.8810

       A court by local rule may prescribe a procedure for the8811
setting of reasonable security as described in this division. As8812
an alternative to this procedure, a court by local rule may8813
prescribe a procedure for the setting of a reasonable security by8814
the person without the person appearing before the court.8815

       (B) A person who appears before a court to havehas security8816
set under division (A)(2) of this section shall be given a receipt8817
or other evidence of the deposit of the security by the court.8818

       (C) Upon compliance with division (C) of section 2935.26 of8819
the Revised Code by a person who was issued a citation, the clerk8820
of the court shall notify the court. The court shall immediately8821
return any sum of money, license, or other security deposited in8822
relation to the citation to the person, or to any other person who8823
deposited the security.8824

       (D) If a person who has a current valid Ohio driver's or8825
commercial driver's license and who was issued a citation fails to8826
appear at the time and place specified on the citation, fails to8827
comply with division (C) of section 2935.26 of the Revised Code,8828
or fails to comply with or satisfy any judgment of the court8829
within the time allowed by the court, the court shall declare the8830
forfeituresuspension of the person's license. Thirty days after8831
the declaration of forfeiture, the court shall enter information8832
relative to the forfeituresuspension on a form approved and8833
furnished by the registrar of motor vehicles, and forward the form8834
to the registrar. The registrar shall suspend the person's8835
driver's or commercial driver's license, send written notification8836
of the suspension to the person at the person's last known8837
address, and order the person to surrender the person's driver's8838
or commercial driver's license to the registrar within forty-eight8839
hours. No valid driver's or commercial driver's license shall be8840
granted to the person until the court having jurisdiction of the8841
offense that led to the suspension orders that the forfeiture8842
suspension be terminated. The court shall so order if the person,8843
after having failed to appear in court at the required time and8844
place to answer the charge or after having pleaded guilty to or8845
been found guilty of the violation and having failed within the8846
time allowed by the court to pay the fine imposed by the court,8847
thereafter appears to answer the charge and pays any fine imposed8848
by the court or pays the fine originally imposed by the court. The8849
court shall inform the registrar of the termination of the8850
forfeituresuspension by entering information relative to the8851
termination on a form approved and furnished by the registrar and8852
sending the form to the registrar as provided in this division. 8853
The court also shall charge and collect from the person shall pay8854
to the bureau of motor vehicles a fifteen-dollar processing fee to8855
cover the costs of the bureau of motor vehicles in administering8856
this section. The clerk of the court shall transmit monthly all8857
such processing fees to the registrar forshall deposit the fees8858
so paid into the state bureau of motor vehicles fund created by8859
section 4501.25 of the Revised Code.8860

       In addition, upon receipt of the copy of the declaration of8861
forfeituresuspension from the court, neither the registrar nor8862
any deputy registrar shall accept any application for the8863
registration or transfer of registration of any motor vehicle8864
owned or leased by the person named in the declaration of8865
forfeituresuspension until the court having jurisdiction of the8866
offense that led to the forfeituresuspension orders that the8867
forfeituresuspension be terminated. However, for a motor vehicle8868
leased by a person named in a declaration of forfeiture8869
suspension, the registrar shall not implement the preceding8870
sentence until the registrar adopts procedures for that8871
implementation under section 4503.39 of the Revised Code. Upon8872
receipt by the registrar of an order terminating the forfeiture8873
suspension, the registrar shall take such measures as may be8874
necessary to permit the person to register a motor vehicle owned8875
or leased by the person or to transfer the registration of such a8876
motor vehicle, if the person later makes application to take such8877
action and the person otherwise is eligible to register the motor8878
vehicle or to transfer the registration of it.8879

       The registrar is not required to give effect to any8880
declaration of forfeituresuspension or order terminating a8881
forfeituresuspension unless the order is transmitted to the8882
registrar by means of an electronic transfer system.8883

       If the person who was issued the citation fails to appear at8884
the time and place specified on the citation and fails to comply8885
with division (C) of section 2935.26 of the Revised Code and the8886
person has deposited a sum of money or other security in relation8887
to the citation under division (A)(2) of this section, the deposit8888
immediately shall be forfeited to the court.8889

       This section does not preclude further action as authorized8890
by division (F) of section 2935.26 of the Revised Code.8891

       (E) A law enforcement officer who issues a person a minor8892
misdemeanor citation for an act prohibited by Chapter 4511.,8893
4513., or 4549. of the Revised Code or an act prohibited by a8894
municipal ordinance that is substantially similar to any section8895
contained in Chapter 4511., 4513., or 4549. of the Revised Code8896
shall inform the person that if the person does not appear at the8897
time and place stated on the citation or does not comply with8898
division (C) of section 2935.26 of the Revised Code, the person's8899
driver's or commercial driver's license will be suspended, the8900
person will not be eligible for the reissuance of the license or8901
the issuance of a new license or the issuance of a certificate of8902
registration for a motor vehicle owned or leased by the person,8903
until the person appears and complies with all orders of the8904
court. The person also is subject to any applicable criminal8905
penalties.8906

       (F) A court setting security under division (A)(2) of this8907
section shall do so in conformity with sections 2937.22 and8908
2937.23 of the Revised Code and the Rules of Criminal Procedure.8909

       Sec. 2937.221.  (A) A person arrested without warrant for8910
any violation listed in division (B) of this section, and having a8911
current valid Ohio driver's or commercial driver's license, if the8912
person has been notified of the possible consequences of the8913
person's actions as required by division (C) of this section, may8914
post bond by depositing the license with the arresting officer if8915
the officer and person so choose, or with the local court having8916
jurisdiction if the court and person so choose. The license may8917
be used as bond only during the period for which it is valid.8918

       When an arresting officer accepts the driver's or commercial8919
driver's license as bond, the officer shall note the date, time,8920
and place of the court appearance on "the violator's notice to8921
appear," and the notice shall serve as a valid Ohio driver's or8922
commercial driver's license until the date and time appearing8923
thereon. The arresting officer immediately shall forward the8924
license to the appropriate court.8925

       When a local court accepts the license as bond or continues8926
the case to another date and time, it shall provide the person8927
with a card in a form approved by the registrar of motor vehicles8928
setting forth the license number, name, address, the date and time8929
of the court appearance, and a statement that the license is being8930
held as bond. The card shall serve as a valid license until the8931
date and time contained in the card.8932

       The court may accept other bond at any time and return the8933
license to the person. The court shall return the license to the8934
person when judgment is satisfied, including, but not limited to,8935
compliance with any court orders, unless a suspension or8936
revocationcancellation is part of the penalty imposed.8937

       Neither "the violator's notice to appear" nor a court-8938
granted card shall continue driving privileges beyond the8939
expiration date of the license.8940

       If the person arrested fails to appear in court at the date8941
and time set by the court or fails to satisfy the judgment of the8942
court, including, but not limited to, compliance with all court8943
orders within the time allowed by the court, the court may declare8944
the forfeiture ofimpose a class seven suspension of the person's8945
license from the range specified in division (A)(7) of section8946
4510.02 of the Revised Code. Thirty days after the declaration of8947
forfeituresuspension, the court shall forward the person's8948
license to the registrar. The court also shall enter information8949
relative to the forfeituresuspension on a form approved and8950
furnished by the registrar and send the form to the registrar, who8951
and the registrar shall suspend the license and send written8952
notification of the suspension to the person at the person's last8953
known address. No valid driver's or commercial driver's license8954
shall be granted to the person until the expiration of the period8955
of the suspension or, prior to the expiration of that period, the8956
court having jurisdiction orders that the forfeiture besuspension8957
is terminated. TheIf the court terminates the suspension, the8958
court shall inform the registrar of the termination of the8959
forfeiture by entering information relative to the termination on8960
a form approved and furnished by the registrar and sending the8961
form to the registrar. The court also shall charge and collect8962
fromUpon the expiration or termination of the suspension, the8963
person shall pay to the bureau of motor vehicles a processing fee8964
of fifteen dollars to cover the costs of the bureau of motor8965
vehicles in administering this section. The clerk of the court8966
shall transmit monthly all such processing fees to the registrar8967
forshall deposit the fees so paid into the state bureau of motor8968
vehicles fund created by section 4501.25 of the Revised Code.8969

       In addition, upon receipt from the court of the copy of the8970
declaration of forfeituresuspension, neither the registrar nor8971
any deputy registrar shall accept any application for the8972
registration or transfer of registration of any motor vehicle8973
owned by or leased in the name of the person named in the8974
declaration of forfeituresuspension until the expiration of the8975
period of the suspension or, prior to the expiration of that8976
period, the court having jurisdiction over the offense that led to8977
the suspension issues an order terminating the forfeiture8978
suspension. However, for a motor vehicle leased in the name of a8979
person named in a declaration of forfeituresuspension, the8980
registrar shall not implement the preceding sentence until the8981
registrar adopts procedures for that implementation under section8982
4503.39 of the Revised Code. Upon the expiration of the8983
suspension or upon receipt by the registrar of such an order8984
terminating the suspension, the registrar also shall take suchthe8985
measures as may be necessary to permit the person to register a8986
motor vehicle the person owns or leases or to transfer the8987
registration of such a motor vehicle the person owns or leases if8988
the person later makes a proper application and otherwise is8989
eligible to be issued or to transfer a motor vehicle registration.8990

       (B) Division (A) of this section applies to persons arrested8991
for violation of:8992

       (1) Any of the provisions of Chapter 4511. or 4513. of the8993
Revised Code, except sections 4511.19, 4511.20, 4511.251, and8994
4513.36 of the Revised Code;8995

       (2) Any municipal ordinance substantially similar to a8996
section included in division (B)(1) of this section;8997

       (3) Any bylaw, rule, or regulation of the Ohio turnpike8998
commission substantially similar to a section included in division8999
(B)(1) of this section.9000

       Division (A) of this section does not apply to those persons9001
issued a citation for the commission of a minor misdemeanor under9002
section 2935.26 of the Revised Code.9003

       (C) No license shall be accepted as bond by an arresting9004
officer or by a court under this section until the officer or9005
court has notified the person that, if the person deposits the9006
license with the officer or court and either does not appear on9007
the date and at the time set by the officer or the court, if the9008
court sets a time, or does not satisfy any judgment rendered,9009
including, but not limited to, compliance with all court orders,9010
the license will be suspended, and the person will not be eligible9011
for reissuance of the license or issuance of a new license, or the9012
issuance of a certificate of registration for a motor vehicle9013
owned or leased by the person until the person appears and9014
complies with any order issued by the court. The person also is9015
subject to any criminal penalties that may apply to the person.9016

       Sec. 2937.222.  (A) On the motion of the prosecuting9017
attorney or on the judge's own motion, the judge shall hold a9018
hearing to determine whether an accused person charged with9019
aggravated murder when it is not a capital offense, murder, a9020
felony of the first or second degree, a violation of section9021
2903.06 of the Revised Code, a violation of section 2903.211 of9022
the Revised Code that is a felony, or a felony OMVIOVI offense9023
shall be denied bail. The judge shall order that the accused be9024
detained until the conclusion of the hearing. Except for good9025
cause, a continuance on the motion of the state shall not exceed9026
three court days. Except for good cause, a continuance on the9027
motion of the accused shall not exceed five court days unless the9028
motion of the accused waives in writing the five-day limit and9029
states in writing a specific period for which the accused requests9030
a continuance. A continuance granted upon a motion of the accused9031
that waives in writing the five-day limit shall not exceed five9032
court days after the period of continuance requested in the9033
motion.9034

       At the hearing, the accused has the right to be represented9035
by counsel and, if the accused is indigent, to have counsel9036
appointed. The judge shall afford the accused an opportunity to9037
testify, to present witnesses and other information, and to9038
cross-examine witnesses who appear at the hearing. The rules9039
concerning admissibility of evidence in criminal trials do not9040
apply to the presentation and consideration of information at the9041
hearing. Regardless of whether the hearing is being held on the9042
motion of the prosecuting attorney or on the court's own motion,9043
the state has the burden of proving that the proof is evident or9044
the presumption great that the accused committed the offense with9045
which the accused is charged, of proving that the accused poses a9046
substantial risk of serious physical harm to any person or to the9047
community, and of proving that no release conditions will9048
reasonably assure the safety of that person and the community.9049

       The judge may reopen the hearing at any time before trial if9050
the judge finds that information exists that was not known to the9051
movant at the time of the hearing and that that information has a9052
material bearing on whether bail should be denied. If a municipal9053
court or county court enters an order denying bail, a judge of the9054
court of common pleas having jurisdiction over the case may9055
continue that order or may hold a hearing pursuant to this section9056
to determine whether to continue that order.9057

       (B) No accused person shall be denied bail pursuant to this9058
section unless the judge finds by clear and convincing evidence9059
that the proof is evident or the presumption great that the9060
accused committed the offense described in division (A) of this9061
section with which the accused is charged, finds by clear and9062
convincing evidence that the accused poses a substantial risk of9063
serious physical harm to any person or to the community, and finds9064
by clear and convincing evidence that no release conditions will9065
reasonably assure the safety of that person and the community.9066

       (C) The judge, in determining whether the accused person9067
described in division (A) of this section poses a substantial risk9068
of serious physical harm to any person or to the community and9069
whether there are conditions of release that will reasonably9070
assure the safety of that person and the community, shall consider9071
all available information regarding all of the following:9072

       (1) The nature and circumstances of the offense charged,9073
including whether the offense is an offense of violence or9074
involves alcohol or a drug of abuse;9075

       (2) The weight of the evidence against the accused;9076

       (3) The history and characteristics of the accused,9077
including, but not limited to, both of the following:9078

       (a) The character, physical and mental condition, family9079
ties, employment, financial resources, length of residence in the9080
community, community ties, past conduct, history relating to drug9081
or alcohol abuse, and criminal history of the accused;9082

       (b) Whether, at the time of the current alleged offense or9083
at the time of the arrest of the accused, the accused was on9084
probation, parole, post-release control, or other release pending9085
trial, sentencing, appeal, or completion of sentence for the9086
commission of an offense under the laws of this state, another9087
state, or the United States or under a municipal ordinance.9088

       (4) The nature and seriousness of the danger to any person9089
or the community that would be posed by the person's release.9090

       (D)(1) An order of the court of common pleas denying bail9091
pursuant to this section is a final appealable order. In an9092
appeal pursuant to division (D) of this section, the court of9093
appeals shall do all of the following:9094

       (a) Give the appeal priority on its calendar;9095

       (b) Liberally modify or dispense with formal requirements in9096
the interest of a speedy and just resolution of the appeal;9097

       (c) Decide the appeal expeditiously;9098

       (d) Promptly enter its judgment affirming or reversing the9099
order denying bail.9100

       (2) The pendency of an appeal under this section does not9101
deprive the court of common pleas of jurisdiction to conduct9102
further proceedings in the case or to further consider the order9103
denying bail in accordance with this section. If, during the9104
pendency of an appeal under division (D) of this section, the9105
court of common pleas sets aside or terminates the order denying9106
bail, the court of appeals shall dismiss the appeal.9107

       (E) As used in this section:9108

       (1) "Court day" has the same meaning as in section 5122.019109
of the Revised Code.9110

       (2) "Felony OMVIOVI offense" means a third degree felony9111
OMVIOVI offense and a fourth degree felony OMVIOVI offense.9112

       (3) "Fourth degree felony OMVIOVI offense" and "third9113
degree felony OMVIOVI offense" have the same meanings as in9114
section 2929.01 of the Revised Code.9115

       Sec. 2937.46. (A) The supreme court of Ohio may, in the9116
interest of uniformity of procedure in the various courts, and for9117
the purpose of promoting prompt and efficient disposition of cases9118
arising under the traffic laws of this state and related9119
ordinances, makesmay make uniform rules for practice and9120
procedure in courts inferior to the court of common pleas not9121
inconsistent with the provisions of Chapter 2937. of the Revised9122
Code, including, but not limited to:9123

       (A)(1) Separation of arraignment and trial of traffic and9124
other types of cases;9125

       (B)(2) Consolidation of cases for trial;9126

       (C)(3) Transfer of cases within the same county for the9127
purpose of trial;9128

       (D)(4) Designation of special referees for hearings or for9129
receiving pleas or bail at times when courts are not in session;9130

       (E)(5) Fixing of reasonable bonds, and disposition of cases9131
in which bonds have been forfeited.9132

       All of said(B)Except as otherwise specified in division (L)9133
of section 4511.19 of the Revised Code, all of the rules described9134
in division (A) of this section, when promulgated by the supreme9135
court, shall be fully binding on all courts inferior to the court9136
of common pleas and on the court of common pleas in relation to9137
felony violations of division (A) of section 4511.19 of the9138
Revised Code and shall effect a cancellation of any local court9139
rules inconsistent therewithwith the supreme court's rules.9140

       Sec. 2937.99.  (A) No person shall fail to appear as9141
required, after having been released pursuant to section 2937.299142
of the Revised Code. Whoever violates this section is guilty of9143
failure to appear and shall be punished as set forth in division9144
(B) or (C) of this section.9145

       (B) If the release was in connection with a charge of the9146
commission of a felony charge or pending appeal after conviction9147
of a felony, failure to appear is a felony of the fourth degree.9148

       (C) If the release was in connection with a charge of the9149
commission of a misdemeanor charge or for appearance as a witness,9150
failure to appear is a misdemeanor of the first degree.9151

       (D) This section does not apply to misdemeanors and related9152
ordinance offenses arising under Chapters 4501., 4503., 4505.,9153
4507., 4509., 4510., 4511., 4513., 4517., 4549., and 5577. of the9154
Revised Code, except that this section does apply to violations of9155
sections 4511.19, 4549.02, and 4549.021 of the Revised Code and9156
ordinance offenses related to sections 4511.19, 4549.02, and9157
4549.021 of the Revised Code.9158

       Sec. 2951.02.  (A)(1) In determining whether to suspend a9159
sentence of imprisonment imposed upon an offender for a9160
misdemeanor and place the offender on probation or whether to9161
otherwise suspend a sentence of imprisonment imposed upon an9162
offender for a misdemeanor pursuant to division (A) of section9163
2929.51 of the Revised Code, the court shall consider the risk9164
that the offender will commit another offense and the need for9165
protecting the public from the risk, the nature and circumstances9166
of the offense, and the history, character, and condition of the9167
offender.9168

       (2) An offender who has been convicted of or pleaded guilty9169
to a misdemeanor shall not be placed on probation and shall not9170
otherwise have the sentence of imprisonment imposed upon the9171
offender suspended pursuant to division (A) of section 2929.51 of9172
the Revised Code if either of the following applies:9173

       (a) The offender is a repeat or dangerous offender.9174

       (b) The misdemeanor offense involved was not a violation of9175
section 2923.12 of the Revised Code and was committed while the9176
offender was armed with a firearm or dangerous ordnance.9177

       (B) The following do not control the court's discretion but9178
the court shall consider them in favor of placing an offender who9179
has been convicted of or pleaded guilty to a misdemeanor on9180
probation or in favor of otherwise suspending the offender's9181
sentence of imprisonment pursuant to division (A) of section9182
2929.51 of the Revised Code:9183

       (1) The offense neither caused nor threatened serious harm9184
to persons or property, or the offender did not contemplate that9185
it would do so.9186

       (2) The offense was the result of circumstances unlikely to9187
recur.9188

       (3) The victim of the offense induced or facilitated it.9189

       (4) There are substantial grounds tending to excuse or9190
justify the offense, though failing to establish a defense.9191

       (5) The offender acted under strong provocation.9192

       (6) The offender has no history of prior delinquency or9193
criminal activity, or has led a law-abiding life for a substantial9194
period before commission of the present offense.9195

       (7) The offender is likely to respond affirmatively to9196
probationary or other court-imposed treatment.9197

       (8) The character and attitudes of the offender indicate9198
that the offender is unlikely to commit another offense.9199

       (9) The offender has made or will make restitution or9200
reparation to the victim of the offender's offense for the injury,9201
damage, or loss sustained.9202

       (10) Imprisonment of the offender will entail undue hardship9203
to the offender or the offender's dependents.9204

       (C)(1) When an offender who has been convicted of or pleaded9205
guilty to a misdemeanor is placed on probation or the sentence of9206
that type of offender otherwise is suspended pursuant to division9207
(A) of section 2929.51 of the Revised Code, the probation or other9208
suspension shall be at least on condition that, during the period9209
of probation or other suspension, the offender shall abide by the9210
law and shall not leave the state without the permission of the9211
court or the offender's probation officer. In the interests of9212
doing justice, rehabilitating the offender, and ensuring the9213
offender's good behavior, the court may impose additional9214
requirements on the offender. Compliance with the additional9215
requirements imposed under this division also shall be a condition9216
of the offender's probation or other suspension. The additional9217
requirements so imposed may include, but shall not be limited to,9218
any of the following:9219

       (a) A requirement that the offender make restitution9220
pursuant to section 2929.21 of the Revised Code for all or part of9221
the property damage that is caused by the offender's offense and9222
for all or part of the value of the property that is the subject9223
of any theft offense that the offender committed;9224

       (b) If the offense is a violation of section 2919.25 or a9225
violation of section 2903.13 of the Revised Code involving a9226
person who was a family or household member at the time of the9227
violation, if the offender committed the offense in the vicinity9228
of one or more children who are not victims of the offense, and if9229
the offender or the victim of the offense is a parent, guardian,9230
custodian, or person in loco parentis of one or more of those9231
children, a requirement that the offender obtain counseling. This9232
division does not limit the court in imposing a requirement that9233
the offender obtain counseling for any offense or in any9234
circumstance not specified in this division.9235

       (c) A requirement that the offender not ingest or be9236
injected with a drug of abuse and submit to random drug testing9237
and requiring that the results of the drug test indicate that the9238
offender did not ingest or was not injected with a drug of abuse.9239
If the court requires the offender to submit to random drug9240
testing under division (C)(1)(c) of this section, the county9241
department of probation, the multicounty department of probation,9242
or the adult parole authority, as appropriate, that has general9243
control and supervision of offenders who are on probation or other9244
suspension or are under a nonresidential sanction, shall cause the9245
offender to submit to random drug testing pursuant to section9246
2951.05 of the Revised Code.9247

       (2) During the period of a misdemeanor offender's probation9248
or other suspension or during the period of a felon's9249
nonresidential sanction, authorized probation officers who are9250
engaged within the scope of their supervisory duties or9251
responsibilities may search, with or without a warrant, the person9252
of the offender, the place of residence of the offender, and a9253
motor vehicle, another item of tangible or intangible personal9254
property, or other real property in which the offender has a9255
right, title, or interest or for which the offender has the9256
express or implied permission of a person with a right, title, or9257
interest to use, occupy, or possess if the probation officers have9258
reasonable grounds to believe that the offender is not abiding by9259
the law or otherwise is not complying with the conditions of the9260
offender's probation or other suspension or the conditions of the9261
offender's nonresidential sanction. If a felon who is sentenced9262
to a nonresidential sanction is under the general control and9263
supervision of the adult parole authority, as described in9264
division (A)(2)(a) of section 2929.15 of the Revised Code, adult9265
parole authority field officers with supervisory responsibilities9266
over the felon shall have the same search authority relative to9267
the felon during the period of the sanction as is described under9268
this division for probation officers. The court that places the9269
offender on probation or suspends the misdemeanor offender's9270
sentence of imprisonment pursuant to division (D)(2) or (4) of9271
section 2929.51 of the Revised Code or that sentences the felon to9272
a nonresidential sanction pursuant to section 2929.17 of the9273
Revised Code shall provide the offender with a written notice that9274
informs the offender that authorized probation officers or adult9275
parole authority field officers with supervisory responsibilities9276
over the offender who are engaged within the scope of their9277
supervisory duties or responsibilities may conduct those types of9278
searches during the period of probation or other suspension or9279
during the period of the nonresidential sanction if they have9280
reasonable grounds to believe that the offender is not abiding by9281
the law or otherwise is not complying with the conditions of the9282
offender's probation or other suspension or the conditions of the9283
offender's nonresidential sanction.9284

       (D) The following do not control the court's discretion but9285
the court shall consider them against placing an offender who has9286
been convicted of or pleaded guilty to a misdemeanor on probation9287
and against otherwise suspending the offender's sentence of9288
imprisonment pursuant to division (A) of section 2929.51 of the9289
Revised Code:9290

       (1) The offender recently violated the conditions of pardon,9291
post-release control pursuant to section 2967.28 of the Revised9292
Code, or a probation or suspension pursuant to division (A) of9293
section 2929.51 of the Revised Code, previously granted the9294
offender.9295

       (2) There is a substantial risk that, while at liberty9296
during the period of probation or other suspension, the offender9297
will commit another offense.9298

       (3) The offender is in need of correctional or9299
rehabilitative treatment that can be provided best by the9300
offender's commitment to a locally governed and operated9301
residential facility.9302

       (4) Regardless of whether the offender knew the age of the9303
victim, the victim of the offense was sixty-five years of age or9304
older or permanently and totally disabled at the time of the9305
commission of the offense.9306

       (E) The criteria listed in divisions (B) and (D) of this9307
section shall not be construed to limit the matters that may be9308
considered in determining whether to suspend sentence of9309
imprisonment and place an offender who has been convicted of or9310
pleaded guilty to a misdemeanor on probation or whether to9311
otherwise suspend the offender's sentence of imprisonment pursuant9312
to division (A) of section 2929.51 of the Revised Code.9313

       (F)(1) When an offender is convicted of or pleads guilty to9314
a misdemeanor, the court may require the offender, as a condition9315
of probation or as a condition of otherwise suspending the9316
offender's sentence pursuant to division (A) of section 2929.51 of9317
the Revised Code, in addition to the conditions of probation or9318
other suspension imposed pursuant to division (C) of this section,9319
to perform supervised community service work under the authority9320
of health districts, park districts, counties, municipal9321
corporations, townships, other political subdivisions of the9322
state, or agencies of the state or any of its political9323
subdivisions, or under the authority of charitable organizations9324
that render services to the community or its citizens, in9325
accordance with this division. Supervised community service work9326
shall not be required as a condition of probation or other9327
suspension under this division unless the offender agrees to9328
perform the work offered as a condition of probation or other9329
suspension by the court. The court may require an offender who9330
agrees to perform the work to pay to it a reasonable fee to cover9331
the costs of the offender's participation in the work, including,9332
but not limited to, the costs of procuring a policy or policies of9333
liability insurance to cover the period during which the offender9334
will perform the work.9335

       A court may permit any offender convicted of a misdemeanor to9336
satisfy the payment of a fine imposed for the offense by9337
performing supervised community service work as described in this9338
division if the offender requests an opportunity to satisfy the9339
payment by this means and if the court determines the offender is9340
financially unable to pay the fine.9341

       The supervised community service work that may be imposed9342
under this division shall be subject to the following limitations:9343

       (a) The court shall fix the period of the work and, if9344
necessary, shall distribute it over weekends or over other9345
appropriate times that will allow the offender to continue at the9346
offender's occupation or to care for the offender's family. The9347
period of the work as fixed by the court shall not exceed an9348
aggregate of two hundred hours.9349

       (b) An agency, political subdivision, or charitable9350
organization must agree to accept the offender for the work before9351
the court requires the offender to perform the work for the9352
entity. A court shall not require an offender to perform9353
supervised community service work for an agency, political9354
subdivision, or charitable organization at a location that is an9355
unreasonable distance from the offender's residence or domicile,9356
unless the offender is provided with transportation to the9357
location where the work is to be performed.9358

       (c) A court may enter into an agreement with a county9359
department of job and family services for the management,9360
placement, and supervision of offenders eligible for community9361
service work in work activities, developmental activities, and9362
alternative work activities under sections 5107.40 to 5107.69 of9363
the Revised Code. If a court and a county department of job and9364
family services have entered into an agreement of that nature, the9365
clerk of that court is authorized to pay directly to the county9366
department all or a portion of the fees collected by the court9367
pursuant to this division in accordance with the terms of its9368
agreement.9369

       (d) Community service work that a court requires under this9370
division shall be supervised by an official of the agency,9371
political subdivision, or charitable organization for which the9372
work is performed or by a person designated by the agency,9373
political subdivision, or charitable organization. The official9374
or designated person shall be qualified for the supervision by9375
education, training, or experience, and periodically shall report,9376
in writing, to the court and to the offender's probation officer9377
concerning the conduct of the offender in performing the work.9378

       (2) When an offender is convicted of a felony, the court may9379
impose pursuant to sections 2929.15 and 2929.17 of the Revised9380
Code a sanction that requires the offender to perform supervised9381
community service work in accordance with this division and under9382
the authority of any agency, political subdivision, or charitable9383
organization as described in division (F)(1) of this section. The9384
court may require an offender who is ordered to perform the work9385
to pay to it a reasonable fee to cover the costs of the offender's9386
participation in the work, including, but not limited to, the9387
costs of procuring a policy or policies of liability insurance to9388
cover the period during which the offender will perform the work.9389

       A court may permit an offender convicted of a felony to9390
satisfy the payment of a fine imposed for the offense pursuant to9391
section 2929.18 of the Revised Code by performing supervised9392
community service work as described in this division if the court9393
determines that the offender is financially unable to pay the9394
fine.9395

       The supervised community service work that may be imposed9396
under this division shall be subject to the limitations specified9397
in divisions (F)(1)(a) to (d) of this section, except that the9398
court is not required to obtain the agreement of the offender to9399
impose supervised community work as a sanction. Additionally, the9400
total of any period of supervised community service work imposed9401
on an offender under this division plus the period of all other9402
sanctions imposed pursuant to sections 2929.15, 2929.16, 2929.17,9403
and 2929.18 of the Revised Code shall not exceed five years.9404

       (G)(1) When an offender is convicted of a violation of9405
section 4511.19 of the Revised Code, a municipal ordinance9406
relating to operating a vehicle while under the influence of9407
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a9408
municipal ordinance relating to operating a vehicle with a9409
prohibited concentration of alcohol in the blood, breath, or9410
urine, the court may require, as a condition of probation in9411
addition to the required conditions of probation and the9412
discretionary conditions of probation that may be imposed pursuant9413
to division (C) of this section, any suspension or revocation of a9414
driver's or commercial driver's license or permit or nonresident9415
operating privilege, and all other penalties provided by law or by9416
ordinance, that the offender operate only a motor vehicle equipped9417
with an ignition interlock device that is certified pursuant to9418
section 4511.834510.43 of the Revised Code.9419

       (2) When a court requires an offender, as a condition of9420
probation pursuant to division (G)(1) of this section, to operate9421
only a motor vehicle equipped with an ignition interlock device9422
that is certified pursuant to section 4511.834510.43 of the9423
Revised Code, the offender immediately shall surrender the9424
offender's driver's or commercial driver's license or permit to9425
the court. Upon the receipt of the offender's license or permit,9426
the court shall issue an order authorizing the offender to operate9427
a motor vehicle equipped with a certified ignition interlock9428
device, deliver the offender's license or permit to the bureau of9429
motor vehicles, and include in the abstract of the case forwarded9430
to the bureau pursuant to section 4507.0214510.036 of the Revised9431
Code the conditions of probation imposed pursuant to division9432
(G)(1) of this section. The court shall give the offender a copy9433
of its order, and that copy shall be used by the offender in lieu9434
of a driver's or commercial driver's license or permit until the9435
bureau issues a restricted license to the offender.9436

       (3) Upon receipt of an offender's driver's or commercial9437
driver's license or permit pursuant to division (G)(2) of this9438
section, the bureau of motor vehicles shall issue a restricted9439
license to the offender. The restricted license shall be9440
identical to the surrendered license, except that it shall have9441
printed on its face a statement that the offender is prohibited9442
from operating a motor vehicle that is not equipped with an9443
ignition interlock device that is certified pursuant to section9444
4511.834510.43 of the Revised Code. The bureau shall deliver the9445
offender's surrendered license or permit to the court upon receipt9446
of a court order requiring it to do so, or reissue the offender's9447
license or permit under section 4507.544510.52 of the Revised9448
Code if the registrar destroyed the offender's license or permit9449
under that section. The offender shall surrender the restricted9450
license to the court upon receipt of the offender's surrendered9451
license or permit.9452

       (4) If an offender violates a requirement of the court9453
imposed under division (G)(1) of this section, the court may9454
impose a class seven suspension of the offender's driver's or9455
commercial driver's license or permit or nonresident operating9456
privilege may be suspended as provided infrom the range specified9457
in division (A)(7) of section 4507.164510.02 of the Revised Code.9458
On a second or subsequent violation, the court may impose a class9459
four suspension of the offender's driver's or commercial driver's9460
license or permit or nonresident operating privilege from the9461
range specified in division (A)(4) of section 4510.02 of the9462
Revised Code.9463

       (H) As used in this section:9464

       (1) "Repeat offender" and "dangerous offender" have the same9465
meanings as in section 2935.36 of the Revised Code.9466

       (2) "Firearm" and "dangerous ordnance" have the same9467
meanings as in section 2923.11 of the Revised Code.9468

       (3) "Theft offense" has the same meaning as in section9469
2913.01 of the Revised Code.9470

       (4) "Random drug testing" has the same meaning as in section9471
5120.63 of the Revised Code.9472

       (5) "Ignition interlock device" has the same meaning as in9473
section 4511.834510.01 of the Revised Code.9474

       Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the9475
Revised Code:9476

       (A) "First offender" means anyone who has been convicted of9477
an offense in this state or any other jurisdiction and who9478
previously or subsequently has not been convicted of the same or a9479
different offense in this state or any other jurisdiction. When9480
two or more convictions result from or are connected with the same9481
act or result from offenses committed at the same time, they shall9482
be counted as one conviction. When two or three convictions9483
result from the same indictment, information, or complaint, from9484
the same plea of guilty, or from the same official proceeding, and9485
result from related criminal acts that were committed within a9486
three-month period but do not result from the same act or from9487
offenses committed at the same time, they shall be counted as one9488
conviction, provided that a court may decide as provided in9489
division (C)(1)(a) of section 2953.32 of the Revised Code that it9490
is not in the public interest for the two or three convictions to9491
be counted as one conviction.9492

       For purposes of, and except as otherwise provided in, this9493
division, a conviction for a minor misdemeanor, a conviction for a9494
violation of any section in Chapter 4507.,4510., 4511., 4513., or9495
4549. of the Revised Code, or a conviction for a violation of a9496
municipal ordinance that is substantially similar to any section9497
in those chapters is not a previous or subsequent conviction. A9498
However, a conviction for a violation of section 4511.19,9499
4511.192, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or9500
4549.074549.62 or sections 4549.41 to 4549.46 of the Revised9501
Code, or a convictionfor a violation of section 4510.11 or9502
4510.14 of the Revised Code that is based upon the offender's9503
operation of a vehicle during a suspension imposed under section9504
4511.191 or 4511.196 of the Revised Code, for a violation of a9505
substantially equivalent municipal ordinance that is substantially9506
similar to any of those sections, for a felony violation of Title9507
XLV of the Revised Code, or for a violation of a substantially9508
equivalent former law of this state or former municipal ordinance9509
shall be considered a previous or subsequent conviction.9510

       (B) "Prosecutor" means the county prosecuting attorney, city9511
director of law, village solicitor, or similar chief legal9512
officer, who has the authority to prosecute a criminal case in the9513
court in which the case is filed.9514

       (C) "Bail forfeiture" means the forfeiture of bail by a9515
defendant who is arrested for the commission of a misdemeanor,9516
other than a defendant in a traffic case as defined in Traffic9517
Rule 2, if the forfeiture is pursuant to an agreement with the9518
court and prosecutor in the case.9519

       (D) "Official records" has the same meaning as in division9520
(D) of section 2953.51 of the Revised Code.9521

       (E) "Official proceeding" has the same meaning as in section9522
2921.01 of the Revised Code.9523

       Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised9524
Code do not apply to any of the following:9525

       (A) Convictions when the offender is subject to a mandatory9526
prison term;9527

       (B) Convictions under section 2907.02, 2907.03, 2907.04,9528
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section9529
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised9530
Code, or a conviction for a violation of a municipal ordinance9531
that is substantially similar to any section contained in any of9532
those chapters;9533

       (C) convictions of an offense of violence when the offense9534
is a misdemeanor of the first degree or a felony and when the9535
offense is not a violation of section 2917.03 of the Revised Code9536
and is not a violation of section 2903.13, 2917.01 or 2917.31 of9537
the Revised Code that is a misdemeanor of the first degree;9538

       (D) Convictions of an offense in circumstances in which the9539
victim of the offense was under eighteen years of age when the9540
offense is a misdemeanor of the first degree or a felony;9541

       (E) Convictions of a felony of the first or second degree;9542

       (F) Bail forfeitures in a traffic case as defined in Traffic9543
Rule 2.9544

       Sec. 3123.55.  Notice shall be sent to the individual9545
described in section 3123.54 of the Revised Code in compliance9546
with section 3121.23 of the Revised Code. The notice shall9547
specify that a court or agency has determined the individual to be9548
in default under a child support order or that the individual is9549
an obligor under a child support order who has failed to comply9550
with a subpoena or warrant issued by a court or agency with9551
respect to a proceeding to enforce a child support order, that a9552
notice containing the individual's name and social security number9553
or other identification number may be sent to the registrar of9554
motor vehicles, and that, if the registrar receives that notice9555
and determines that the individual is the individual named in that9556
notice and the registrar has not received notice under section9557
3123.56 or 3123.57 of the Revised Code, all of the following will9558
occur:9559

       (A) The registrar and all deputy registrars will be9560
prohibited from issuing to the individual a driver's or commercial9561
driver's license, motorcycle operator's license or endorsement, or9562
temporary instruction permit or commercial driver's temporary9563
instruction permit.9564

       (B) The registrar and all deputy registrars will be9565
prohibited from renewing for the individual a driver's or9566
commercial driver's license, motorcycle operator's license or9567
endorsement, or commercial driver's temporary instruction permit.9568

       (C) If the individual holds a driver's or commercial9569
driver's license, motorcycle operator's license or endorsement, or9570
temporary instruction permit or commercial driver's temporary9571
instruction permit, itthe registrar will be suspendedimpose a9572
class F suspension under division (B)(6) of section 4510.02 of the9573
Revised Code if the registrar determines that the individual is9574
the individual named in the notice sent pursuant to section9575
3123.54 of the Revised Code.9576

       (D) If the individual is the individual named in the notice,9577
the individual will not be issued or have renewed any license,9578
endorsement, or permit, and no suspension will be lifted with9579
respect to any license, endorsement, or permit listed in this9580
section until the registrar receives a notice under section9581
3123.56 or 3123.57 of the Revised Code.9582

       Sec. 3123.58. (A) On receipt of a notice pursuant to9583
section 3123.54 of the Revised Code, the registrar of motor9584
vehicles shall determine whether the individual named in the9585
notice holds or has applied for a driver's license or commercial9586
driver's license, motorcycle operator's license or endorsement, or9587
temporary instruction permit or commercial driver's temporary9588
instruction permit. If the registrar determines that the9589
individual holds or has applied for a license, permit, or9590
endorsement and the individual is the individual named in the9591
notice and does not receive a notice pursuant to section 3123.569592
or 3123.57 of the Revised Code, the registrar immediately shall9593
provide notice of the determination to each deputy registrar. The9594
registrar or a deputy registrar may not issue to the individual a9595
driver's or commercial driver's license, motorcycle operator's9596
license or endorsement, or temporary instruction permit or9597
commercial driver's temporary instruction permit and may not renew9598
for the individual a driver's or commercial driver's license,9599
motorcycle operator's license or endorsement, or commercial9600
driver's temporary instruction permit. The registrar or a deputy9601
registrar also shall suspendimpose a class F suspension of the9602
license, permit, or endorsement held by the individual under9603
division (B)(6) of section 4510.02 of the Revised Code.9604

       (B) Prior to the date specified in section 3123.52 of the9605
Revised Code, the registrar of motor vehicles or a deputy9606
registrar shall do only the following with respect to an9607
individual if the registrar makes the determination required under9608
division (A) of this section and no notice is received concerning9609
the individual under section 3123.56 or 3123.57 of the Revised9610
Code:9611

       (1) Refuse to issue or renew the individual's commercial9612
driver's license or commercial driver's temporary instruction9613
permit;9614

       (2) Impose a class F suspension under division (B)(6) of9615
section 4510.02 of the Revised Code on the individual with respect9616
to the license or permit held by the individual.9617


       Sec. 3123.59.  Not later than seven days after receipt of a9619
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,9620
the registrar of motor vehicles shall notify each deputy registrar9621
of the notice. The registrar and each deputy registrar shall9622
then, if the individual otherwise is eligible for the license,9623
permit, or endorsement and wants the license, permit, or9624
endorsement, issue a license, permit, or endorsement to, or renew9625
a license, permit, or endorsement of, the individual, or, if the9626
registrar imposed a class F suspension of the individual's9627
license, permit, or endorsement was suspended pursuant to division9628
(A) of section 3123.58 of the Revised Code, remove the suspension.9629
On and after the date specified in section 3123.52 of the Revised9630
Code, the registrar or a deputy registrar shall remove, after9631
receipt of a notice under section 3123.56 or 3123.57 of the9632
Revised Code, a disqualificationclass F suspension imposed on an9633
individual with respect to a commercial driver's license or9634
commercial driver's temporary instruction permit pursuant to9635
division (B) of section 3123.6113123.58 of the Revised Code. The9636
registrar or a deputy registrar may charge a fee of not more than9637
twenty-five dollars for issuing or renewing or removing the9638
suspension of a license, permit, or for removing a9639
disqualificationendorsement pursuant to this section. The fees9640
collected by the registrar pursuant to this section shall be paid9641
into the state bureau of motor vehicles fund established in9642
section 4501.25 of the Revised Code.9643

       Sec. 3123.613.  Prior to the date specified in section9644
3123.52 of the Revised Code, instead of the notice provisions9645
described in divisions (A), (B), (C), and (D) of section 3123.559646
of the Revised Code, the notice shall specify that all of the9647
following will occur:9648

       (A) The registrar of motor vehicles and all deputy9649
registrars will be prohibited from issuing to, or renewing for,9650
the individual a commercial driver's license or commercial9651
driver's temporary instruction permit.9652

       (B) If the individual holds a commercial driver's license or9653
commercial driver's temporary instruction permit, the registrar9654
will impose a disqualification as defined inclass F suspension9655
under division (B)(6) of section 4506.014510.02 of the Revised9656
Code with respect to the license or permit if the registrar9657
determines that the individual is the individual named in the9658
notice sent pursuant to section 3123.54 of the Revised Code.9659

       (C) If the individual is the individual named in the notice,9660
the individual will not be issued, and the disqualification will9661
not be removed with respect to, any license or permit listed in9662
this section until the registrar receives a notice under section9663
3123.56 or 3123.57 of the Revised Code.9664

       Sec. 3123.614.  Notwithstanding section 119.06 of the Revised9665
Code and prior to the date specified in section 3123.52 of the9666
Revised Code, the registrar of motor vehicles shall not hold any9667
hearing in connection with an order refusing to issue or renew, or9668
imposing a disqualificationsuspension with respect to, the9669
commercial driver's license or commercial driver's temporary9670
instruction permit of an individual pursuant to division (B) of9671
section 3123.6113123.58 of the Revised Code.9672

       Sec. 3327.10.  (A) No person shall be employed as driver of9673
a school bus or motor van, owned and operated by any school9674
district or educational service center or privately owned and9675
operated under contract with any school district or service center9676
in this state, who has not received a certificate from the9677
educational service center governing board in case such person is9678
employed by a service center or by a local school district under9679
the supervision of the service center governing board, or by the9680
superintendent of schools, in case such person is employed by the9681
board of a city or exempted village school district, certifying9682
that such person is at least eighteen years of age and is of good9683
moral character and is qualified physically and otherwise for such9684
position. The service center governing board or the9685
superintendent, as the case may be, shall provide for an annual9686
physical examination that conforms with rules adopted by the state9687
board of education of each driver to ascertain the driver's9688
physical fitness for such employment. Any certificate may be9689
revoked by the authority granting the same on proof that the9690
holder has been guilty of failing to comply with division (D)(1)9691
of this section, or upon a conviction or a guilty plea for a9692
violation, or any other action, that results in a loss or9693
suspension of driving rights. Failure to comply with such9694
division may be cause for disciplinary action or termination of9695
employment under division (C) of section 3319.081, or section9696
124.34 of the Revised Code.9697

       (B) No person shall be employed as driver of a school bus or9698
motor van not subject to the rules of the department of education9699
pursuant to division (A) of this section who has not received a9700
certificate from the school administrator or contractor certifying9701
that such person is at least eighteen years of age, is of good9702
moral character, and is qualified physically and otherwise for9703
such position. Each driver shall have an annual physical9704
examination which conforms to the state highway patrol rules,9705
ascertaining the driver's physical fitness for such employment. 9706
The examination shall be performed by one of the following:9707

       (1) A person licensed under Chapter 4731. of the Revised Code9708
or by another state to practice medicine and surgery or9709
osteopathic medicine and surgery;9710

       (2) A registered nurse who holds a certificate of authority9711
issued under Chapter 4723. of the Revised Code to practice as a9712
certified nurse practitioner or clinical nurse specialist and is9713
practicing pursuant to a standard care arrangement with a9714
collaborating physician.9715

       Any certificate may be revoked by the authority granting the9716
same on proof that the holder has been guilty of failing to comply9717
with division (D)(2) of this section.9718

       (C) Any person who drives a school bus or motor van must9719
give satisfactory and sufficient bond except a driver who is an9720
employee of a school district and who drives a bus or motor van9721
owned by the school district.9722

       (D) No person employed as driver of a school bus or motor9723
van under this section who is convicted of a traffic violation or9724
who has had the person's commercial driver's license suspended or9725
revoked shall drive a school bus or motor van until suchthe9726
person has filed a written notice of suchthe conviction,or9727
suspension, or revocation as follows:9728

       (1) If the person is employed under division (A) of this9729
section, suchthe person shall file the notice shall be filed with9730
the superintendent, or a person designated by the superintendent,9731
of the school district for which suchthe person drives a school9732
bus or motor van as an employee or drives a privately owned and9733
operated school bus or motor van under contract.9734

       (2) If employed under division (B) of this section, suchthe9735
person shall file the notice shall be filed with the employing9736
school administrator or contractor, or a person designated by the9737
administrator or contractor.9738

       (E) In addition to resulting in possible revocation of a9739
certificate as authorized by divisions (A) and (B) of this9740
section, violation of division (D) of this section is a minor9741
misdemeanor.9742

       Sec. 3793.02.  (A) The department of alcohol and drug9743
addiction services shall promote, assist in developing, and9744
coordinate or conduct programs of education and research for the9745
prevention of alcohol and drug addiction and for the treatment,9746
including intervention, of alcoholics and persons who abuse drugs9747
of abuse, including anabolic steroids. Programs established by9748
the department shall include abstinence-based prevention and9749
treatment programs.9750

       (B) In addition to the other duties prescribed by this9751
chapter, the department shall do all of the following:9752

       (1) Promote and coordinate efforts in the provision of9753
alcohol and drug addiction services by other state agencies, as9754
defined in section 1.60 of the Revised Code; courts; hospitals;9755
clinics; physicians in private practice; public health9756
authorities; boards of alcohol, drug addiction, and mental health9757
services; alcohol and drug addiction programs; law enforcement9758
agencies; and related groups;9759

       (2) Provide for education and training in prevention,9760
diagnosis, treatment, and control of alcohol and drug addiction9761
for medical students, physicians, nurses, social workers,9762
professional counselors, psychologists, and other persons who9763
provide alcohol and drug addiction services;9764

       (3) Provide training and consultation for persons who9765
supervise alcohol and drug addiction programs and facilities;9766

       (4) Develop measures for evaluating the effectiveness of9767
alcohol and drug addiction services, including services that use9768
methadone treatment, and for increasing the accountability of9769
alcohol and drug addiction programs;9770

       (5) Provide to each court of record, and biennially update,9771
a list of the treatment and education programs within that court's9772
jurisdiction that the court may require an offender, sentenced9773
pursuant to division (A) of section 4511.994511.19 of the Revised9774
Code, to attend;9775

       (6) Print and distribute the warning sign described in9776
sections 3313.752, 3345.41, and 3707.50 of the Revised Code.9777

       (C) The department may accept and administer grants from9778
public or private sources for carrying out any of the duties9779
enumerated in this section.9780

       (D) Pursuant to Chapter 119. of the Revised Code, the9781
department shall adopt a rule defining the term "intervention" as9782
it is used in this chapter in connection with alcohol and drug9783
addiction services. The department may adopt other rules as9784
necessary to implement the requirements of this chapter.9785

       Sec. 3793.10.  A drivers' intervention program may be used as9786
an alternative to a term of imprisonment for an offender sentenced9787
pursuant to division (A)(1)(G)(1)(a) of section 4511.994511.19 of9788
the Revised Code, if it is certified by the director of alcohol9789
and drug addiction services pursuant to this section. No drivers'9790
intervention program shall be used as an alternative to a term of9791
imprisonment that is imposed pursuant to division (A)(2), (3),9792
(4), (6), (7)(G)(1)(b), (c), (d), or (8)(e) of section 4511.999793
4511.19 of the Revised Code.9794

       To qualify for certification by the director and to receive9795
funds from the statewide treatment and prevention fund created by9796
section 4301.30 of the Revised Code in any amounts and at any9797
times that the director determines are appropriate, a drivers'9798
intervention program shall meet state minimum standards that the9799
director shall establish by rule. The rules shall include, but9800
are not limited to, standards governing program course hours and9801
content, qualifications of program personnel, methods of9802
identifying and testing participants to isolate participants with9803
alcohol and drug abuse problems, referral of such persons to9804
alcohol and drug addiction programs, the prompt notification of9805
courts by program operators of the completion of the programs by9806
persons required by courts to attend them, and record keeping,9807
including methods of tracking participants for a reasonable time9808
after they have left the program.9809

       The director shall issue a certificate to any qualified9810
drivers' intervention program. The certificate is valid for three9811
years.9812

       Sec. 3937.31.  (A) Every automobile insurance policy shall9813
be issued for a period of not less than two years or guaranteed9814
renewable for successive policy periods totaling not less than two9815
years. Where renewal is mandatory, "cancellation," as used in9816
sections 3937.30 to 3937.39 of the Revised Code, includes refusal9817
to renew a policy with at least the coverages, included insureds,9818
and policy limits provided at the end of the next preceding policy9819
period. No insurer may cancel any such policy except pursuant to9820
the terms of the policy, and in accordance with sections 3937.309821
to 3937.39 of the Revised Code, and for one or more of the9822
following reasons:9823

       (1) Misrepresentation by the insured to the insurer of any9824
material fact in the procurement or renewal of the insurance or in9825
the submission of claims thereunder;9826

       (2) Loss of driving privileges through suspension,9827
revocation, or expiration of the driver's or commercial driver's9828
license of the named insured or any member of the named insured's9829
family covered as a driver; provided that the insurer shall9830
continue the policy in effect but exclude by endorsement all9831
coverage as to the person whose driver's license has been9832
suspended or revoked or has expired, if the person is other than9833
the named insured or the principal operator;9834

       (3) Nonpayment of premium, which means failure of the named9835
insured to discharge when due any of the named insured's9836
obligations in connection with the payment of premiums on a9837
policy, or any installment of such premiums, whether the premium9838
is payable directly to the insurer or its agent or indirectly9839
under any premium finance plan or extension of credit;9840

       (4) The place of residence of the insured or the state of9841
registration or license of the insured automobile is changed to a9842
state or country in which the insurer is not authorized to write9843
automobile coverage.9844

       This section does not apply in the case of a cancellation if9845
the insurer has indicated its willingness to issue a new policy9846
within the same insurer or within another insurer under the same9847
ownership or management as that of the insurer that has issued the9848
cancellation.9849

       (B) Sections 3937.30 to 3937.39 of the Revised Code do not9850
prohibit:9851

       (1) Changes in coverage or policy limits, cancellation, or9852
nonrenewal for any reason at the request or with the consent of9853
the insured;9854

       (2) Lawful surcharges, adjustments, or other changes in9855
premium;9856

       (3) Policy modification to all policies issued to a9857
classification of risk which do not effect a withdrawal or9858
reduction in the initial coverage or policy limits;9859

       (4) An insurer's refusing for any reason to renew a policy9860
upon its expiration at the end of any mandatory period, provided9861
such nonrenewal complies with the procedure set forth in section9862
3937.34 of the Revised Code.9863

       (C) Sections 3937.30 to 3937.39 of the Revised Code do not9864
apply to any policy or coverage that has been in effect less than9865
ninety days at the time notice of cancellation is mailed by the9866
insurer, unless it is a renewal policy.9867

       (D) Renewal of a policy does not constitute a waiver or9868
estoppel with respect to grounds for cancellation that existed9869
before the effective date of such renewal.9870

       (E) Nothing in this section prohibits an insurer from9871
incorporating into a policy any changes that are permitted or9872
required by this section or other sections of the Revised Code at9873
the beginning of any policy period within the two-year period set9874
forth in division (A) of this section.9875

       Sec. 4301.99.  (A) Whoever violates section 4301.47,9876
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section9877
4301.691 of the Revised Code is guilty of a minor misdemeanor.9878

       (B) Whoever violates section 4301.15, division (A)(2) or (D)9879
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)9880
of section 4301.631, or section 4301.64 or 4301.67 of the Revised9881
Code is guilty of a misdemeanor of the fourth degree.9882

       If an offender who violates section 4301.64 of the Revised9883
Code was under the age of eighteen years at the time of the9884
offense, the court, in addition to any other penalties it imposes9885
upon the offender, shall suspend the offender's temporary9886
instruction permit, probationary driver's license, or driver's9887
license for a period of not less than six months and not more than9888
one year. If the offender is fifteen years and six months of age9889
or older and has not been issued a temporary instruction permit or9890
probationary driver's license, the offender shall not be eligible9891
to be issued such a license or permit for a period of six months.9892
If the offender has not attained the age of fifteen years and six9893
months, the offender shall not be eligible to be issued a9894
temporary instruction permit until the offender attains the age of9895
sixteen years.9896

       (C) Whoever violates division (D) of section 4301.21, or9897
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.632, 4301.633,9898
4301.66, 4301.68, or 4301.74, division (B), (C), (D), (E), or (F)9899
of section 4301.69 of the Revised Code, or division (C), (D), (E),9900
(F), (G), or (I) of section 4301.691 of the Revised Code is guilty9901
of a misdemeanor of the first degree.9902

       If an offender who violates section 4301.632 of the Revised9903
Code was under the age of eighteen years at the time of the9904
offense and the offense occurred while the offender was the9905
operator of or a passenger in a motor vehicle, the court, in9906
addition to any other penalties it imposes upon the offender,9907
shall suspend the offender's temporary instruction permit or9908
probationary driver's license for a period of not less than six9909
months and not more than one year. If the offender is fifteen9910
years and six months of age or older and has not been issued a9911
temporary instruction permit or probationary driver's license, the9912
offender shall not be eligible to be issued such a license or9913
permit for a period of six months. If the offender has not9914
attained the age of fifteen years and six months, the offender9915
shall not be eligible to be issued a temporary instruction permit9916
until the offender attains the age of sixteen years.9917

       (D) Whoever violates division (B) of section 4301.14, or9918
division (A)(1) or (3), (B), or (C) of section 4301.22 of the9919
Revised Code is guilty of a misdemeanor of the third degree.9920

       (E) Whoever violates section 4301.63 or division (B) of9921
section 4301.631 of the Revised Code shall be fined not less than9922
twenty-five nor more than one hundred dollars. The court imposing9923
a fine for a violation of section 4301.63 or division (B) of9924
section 4301.631 of the Revised Code may order that the fine be9925
paid by the performance of public work at a reasonable hourly rate9926
established by the court. The court shall designate the time9927
within which the public work shall be completed.9928

       (F)(1) Whoever violates section 4301.634 of the Revised Code9929
is guilty of a misdemeanor of the first degree. If, in committing9930
a first violation of that section, the offender presented to the9931
permit holder or the permit holder's employee or agent a false,9932
fictitious, or altered identification card, a false or fictitious9933
driver's license purportedly issued by any state, or a driver's9934
license issued by any state that has been altered, the offender is9935
guilty of a misdemeanor of the first degree and shall be fined not9936
less than two hundred fifty and not more than one thousand9937
dollars, and may be sentenced to a term of imprisonment of not9938
more than six months.9939

       (2) On a second violation in which, for the second time, the9940
offender presented to the permit holder or the permit holder's9941
employee or agent a false, fictitious, or altered identification9942
card, a false or fictitious driver's license purportedly issued by9943
any state, or a driver's license issued by any state that has been9944
altered, the offender is guilty of a misdemeanor of the first9945
degree and shall be fined not less than five hundred nor more than9946
one thousand dollars, and may be sentenced to a term of9947
imprisonment of not more than six months. The court also may9948
suspendimpose a class seven suspension of the offender's driver's9949
or commercial driver's license or permit or nonresident operating9950
privilege or deny the offender the opportunity to be issued a9951
driver's or commercial driver's license for a period not exceeding9952
sixty daysfrom the range specified in division (A)(7) of section9953
4510.02 of the Revised Code.9954

       (3) On a third or subsequent violation in which, for the9955
third or subsequent time, the offender presented to the permit9956
holder or the permit holder's employee or agent a false,9957
fictitious, or altered identification card, a false or fictitious9958
driver's license purportedly issued by any state, or a driver's9959
license issued by any state that has been altered, the offender is9960
guilty of a misdemeanor of the first degree and shall be fined not9961
less than five hundred nor more than one thousand dollars, and may9962
be sentenced to a term of imprisonment of not more than six9963
months. The court also shall suspendimpose a class six9964
suspension of the offender's driver's or commercial driver's9965
license or permit or nonresident operating privilege or deny the9966
offender the opportunity to be issued a driver's or commercial9967
driver's license for a period of ninety daysfrom the range9968
specified in division (A)(6) of section 4510.02 of the Revised9969
Code, and the court may order that the suspension or denial remain9970
in effect until the offender attains the age of twenty-one years.9971
The court also may order the offender to perform a determinate9972
number of hours of community service, with the court determining9973
the actual number of hours and the nature of the community service9974
the offender shall perform.9975

       (G) Whoever violates section 4301.636 of the Revised Code is9976
guilty of a felony of the fifth degree.9977

       (H) Whoever violates division (A)(1) of section 4301.22 of9978
the Revised Code is guilty of a misdemeanor, shall be fined not9979
less than five hundred and not more than one thousand dollars,9980
and, in addition to the fine, may be imprisoned for a definite9981
term of not more than sixty days.9982

       (I) Whoever violates division (A) of section 4301.69 or9983
division (H) of section 4301.691 of the Revised Code is guilty of9984
a misdemeanor, shall be fined not less than five hundred and not9985
more than one thousand dollars, and, in addition to the fine, may9986
be imprisoned for a definite term of not more than six months.9987

       Sec. 4501.01.  As used in this chapter and Chapters 4503., 9988
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the 9989
Revised Code, and in the penal laws, except as otherwise 9990
provided:9991

       (A) "Vehicles" means everything on wheels or runners, 9992
including motorized bicycles, but does not mean vehicles that are 9993
operated exclusively on rails or tracks or from overhead electric 9994
trolley wires and vehicles that belong to any police department, 9995
municipal fire department, or volunteer fire department, or that 9996
are used by such a department in the discharge of its functions.9997

       (B) "Motor vehicle" means any vehicle, including mobile 9998
homes and recreational vehicles, that is propelled or drawn by 9999
power other than muscular power or power collected from overhead 10000
electric trolley wires. "Motor vehicle" does not include 10001
motorized bicycles, road rollers, traction engines, power10002
shovels, power cranes, and other equipment used in construction10003
work and not designed for or employed in general highway10004
transportation, well-drilling machinery, ditch-digging10005
machinery, farm machinery, trailers that are used to transport10006
agricultural produce or agricultural production materials10007
between a local place of storage or supply and the farm when10008
drawn or towed on a public road or highway at a speed of 10009
twenty-five miles per hour or less, threshing machinery, 10010
hay-baling machinery, corn sheller, hammermill and agricultural 10011
tractors, machinery used in the production of horticultural, 10012
agricultural, and vegetable products, and trailers that are10013
designed and used exclusively to transport a boat between a10014
place of storage and a marina, or in and around a marina, when10015
drawn or towed on a public road or highway for a distance of no10016
more than ten miles and at a speed of twenty-five miles per hour10017
or less.10018

       (C) "Agricultural tractor" and "traction engine" mean any 10019
self-propelling vehicle that is designed or used for drawing other 10020
vehicles or wheeled machinery, but has no provisions for carrying 10021
loads independently of such other vehicles, and that is used 10022
principally for agricultural purposes.10023

       (D) "Commercial tractor," except as defined in division (C) 10024
of this section, means any motor vehicle that has motive power 10025
and either is designed or used for drawing other motor vehicles,10026
or is designed or used for drawing another motor vehicle while10027
carrying a portion of the other motor vehicle or its load, or10028
both.10029

       (E) "Passenger car" means any motor vehicle that is designed 10030
and used for carrying not more than nine persons and includes any 10031
motor vehicle that is designed and used for carrying not more10032
than fifteen persons in a ridesharing arrangement.10033

       (F) "Collector's vehicle" means any motor vehicle or 10034
agricultural tractor or traction engine that is of special 10035
interest, that has a fair market value of one hundred dollars or 10036
more, whether operable or not, and that is owned, operated, 10037
collected, preserved, restored, maintained, or used essentially10038
as a collector's item, leisure pursuit, or investment, but not10039
as the owner's principal means of transportation. "Licensed10040
collector's vehicle" means a collector's vehicle, other than an10041
agricultural tractor or traction engine, that displays current,10042
valid license tags issued under section 4503.45 of the Revised10043
Code, or a similar type of motor vehicle that displays current,10044
valid license tags issued under substantially equivalent10045
provisions in the laws of other states.10046

       (G) "Historical motor vehicle" means any motor vehicle that 10047
is over twenty-five years old and is owned solely as a 10048
collector's item and for participation in club activities, 10049
exhibitions, tours, parades, and similar uses, but that in no10050
event is used for general transportation.10051

       (H) "Noncommercial motor vehicle" means any motor vehicle, 10052
including a farm truck as defined in section 4503.04 of the 10053
Revised Code, that is designed by the manufacturer to carry a load 10054
of no more than one ton and is used exclusively for purposes10055
other than engaging in business for profit.10056

       (I) "Bus" means any motor vehicle that has motor power and 10057
is designed and used for carrying more than nine passengers, 10058
except any motor vehicle that is designed and used for carrying 10059
not more than fifteen passengers in a ridesharing arrangement.10060

       (J) "Commercial car" or "truck" means any motor vehicle10061
that has motor power and is designed and used for carrying10062
merchandise or freight, or that is used as a commercial tractor.10063

       (K) "Bicycle" means every device, other than a tricycle 10064
that is designed solely for use as a play vehicle by a child,10065
that is propelled solely by human power upon which any person10066
may ride, and that has either two tandem wheels, or one wheel in10067
front and two wheels in the rear, any of which is more than10068
fourteen inches in diameter.10069

       (L) "Motorized bicycle" means any vehicle that either has 10070
two tandem wheels or one wheel in the front and two wheels in 10071
the rear, that is capable of being pedaled, and that is equipped10072
with a helper motor of not more than fifty cubic centimeters10073
piston displacement that produces no more than one brake10074
horsepower and is capable of propelling the vehicle at a speed of10075
no greater than twenty miles per hour on a level surface.10076

       (M) "Trailer" means any vehicle without motive power that10077
is designed or used for carrying property or persons wholly on10078
its own structure and for being drawn by a motor vehicle, and 10079
includes any such vehicle that is formed by or operated as a 10080
combination of a semitrailer and a vehicle of the dolly type such 10081
as that commonly known as a trailer dolly, a vehicle used to 10082
transport agricultural produce or agricultural production 10083
materials between a local place of storage or supply and the farm 10084
when drawn or towed on a public road or highway at a speed 10085
greater than twenty-five miles per hour, and a vehicle that is10086
designed and used exclusively to transport a boat between a10087
place of storage and a marina, or in and around a marina, when10088
drawn or towed on a public road or highway for a distance of10089
more than ten miles or at a speed of more than twenty-five miles10090
per hour. "Trailer" does not include a manufactured home or10091
travel trailer.10092

       (N) "Noncommercial trailer" means any trailer, except a 10093
travel trailer or trailer that is used to transport a boat as 10094
described in division (B) of this section, but, where applicable, 10095
includes a vehicle that is used to transport a boat as described 10096
in division (M) of this section, that has a gross weight of no 10097
more than three thousand pounds, and that is used exclusively for 10098
purposes other than engaging in business for a profit.10099

       (O) "Mobile home" means a building unit or assembly of 10100
closed construction that is fabricated in an off-site facility,10101
is more than thirty-five body feet in length or, when erected10102
on site, is three hundred twenty or more square feet, is built10103
on a permanent chassis, is transportable in one or more10104
sections, and does not qualify as a manufactured home as10105
defined in division (C)(4) of section 3781.06 of the Revised10106
Code or as an industrialized unit as defined in division (C)(3) 10107
of section 3781.06 of the Revised Code.10108

       (P) "Semitrailer" means any vehicle of the trailer type 10109
that does not have motive power and is so designed or used with10110
another and separate motor vehicle that in operation a part of10111
its own weight or that of its load, or both, rests upon and is10112
carried by the other vehicle furnishing the motive power for10113
propelling itself and the vehicle referred to in this division,10114
and includes, for the purpose only of registration and taxation10115
under those chapters, any vehicle of the dolly type, such as a10116
trailer dolly, that is designed or used for the conversion of a10117
semitrailer into a trailer.10118

       (Q) "Recreational vehicle" means a vehicular portable 10119
structure that meets all of the following conditions:10120

       (1) It is designed for the sole purpose of recreational 10121
travel.10122

       (2) It is not used for the purpose of engaging in business 10123
for profit.10124

       (3) It is not used for the purpose of engaging in intrastate 10125
commerce.10126

       (4) It is not used for the purpose of commerce as defined in 10127
49 C.F.R. 383.5, as amended.10128

       (5) It is not regulated by the public utilities commission 10129
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.10130

       (6) It is classed as one of the following:10131

       (a) "Travel trailer" means a nonself-propelled recreational 10132
vehicle that does not exceed an overall length of thirty-five 10133
feet, exclusive of bumper and tongue or coupling, and contains 10134
less than three hundred twenty square feet of space when erected 10135
on site. "Travel trailer" includes a tent-type fold-out camping 10136
trailer as defined in section 4517.01 of the Revised Code.10137

       (b) "Motor home" means a self-propelled recreational 10138
vehicle that has no fifth wheel and is constructed with10139
permanently installed facilities for cold storage, cooking and10140
consuming of food, and for sleeping.10141

       (c) "Truck camper" means a nonself-propelled recreational 10142
vehicle that does not have wheels for road use and is designed to 10143
be placed upon and attached to a motor vehicle. "Truck camper" 10144
does not include truck covers that consist of walls and a roof, 10145
but do not have floors and facilities enabling them to be used as 10146
a dwelling.10147

       (d) "Fifth wheel trailer" means a vehicle that is of such 10148
size and weight as to be movable without a special highway10149
permit, that has a gross trailer area of four hundred square10150
feet or less, that is constructed with a raised forward section10151
that allows a bi-level floor plan, and that is designed to be10152
towed by a vehicle equipped with a fifth-wheel hitch ordinarily10153
installed in the bed of a truck.10154

       (e) "Park trailer" means a vehicle that is commonly known as 10155
a park model recreational vehicle, meets the American national 10156
standard institute standard A119.5 (1988) for park trailers, is 10157
built on a single chassis, has a gross trailer area of four 10158
hundred square feet or less when set up, is designed for seasonal 10159
or temporary living quarters, and may be connected to utilities 10160
necessary for the operation of installed features and appliances.10161

       (R) "Pneumatic tires" means tires of rubber and fabric or 10162
tires of similar material, that are inflated with air.10163

       (S) "Solid tires" means tires of rubber or similar elastic 10164
material that are not dependent upon confined air for support of 10165
the load.10166

       (T) "Solid tire vehicle" means any vehicle that is equipped 10167
with two or more solid tires.10168

       (U) "Farm machinery" means all machines and tools that are 10169
used in the production, harvesting, and care of farm products,10170
and includes trailers that are used to transport agricultural10171
produce or agricultural production materials between a local10172
place of storage or supply and the farm when drawn or towed on a10173
public road or highway at a speed of twenty-five miles per hour10174
or less.10175

       (V) "Owner" includes any person or firm, other than a10176
manufacturer or dealer, that has title to a motor vehicle, 10177
except that, in sections 4505.01 to 4505.19 of the Revised Code, 10178
"owner" includes in addition manufacturers and dealers.10179

       (W) "Manufacturer" and "dealer" include all persons and 10180
firms that are regularly engaged in the business of 10181
manufacturing, selling, displaying, offering for sale, or dealing 10182
in motor vehicles, at an established place of business that is 10183
used exclusively for the purpose of manufacturing, selling, 10184
displaying, offering for sale, or dealing in motor vehicles. A 10185
place of business that is used for manufacturing, selling, 10186
displaying, offering for sale, or dealing in motor vehicles shall 10187
be deemed to be used exclusively for those purposes even though 10188
snowmobiles or all-purpose vehicles are sold or displayed for 10189
sale thereat, even though farm machinery is sold or displayed10190
for sale thereat, or even though repair, accessory, gasoline10191
and oil, storage, parts, service, or paint departments are10192
maintained thereat, or, in any county having a population of 10193
less than seventy-five thousand at the last federal census,10194
even though a department in a place of business is used to 10195
dismantle, salvage, or rebuild motor vehicles by means of used 10196
parts, if such departments are operated for the purpose of 10197
furthering and assisting in the business of manufacturing, 10198
selling, displaying, offering for sale, or dealing in motor 10199
vehicles. Places of business or departments in a place of 10200
business used to dismantle, salvage, or rebuild motor vehicles10201
by means of using used parts are not considered as being10202
maintained for the purpose of assisting or furthering the10203
manufacturing, selling, displaying, and offering for sale or10204
dealing in motor vehicles.10205

       (X) "Operator" includes any person who drives or operates a 10206
motor vehicle upon the public highways.10207

       (Y) "Chauffeur" means any operator who operates a motor 10208
vehicle, other than a taxicab, as an employee for hire; or any 10209
operator whether or not the owner of a motor vehicle, other than 10210
a taxicab, who operates such vehicle for transporting, for gain, 10211
compensation, or profit, either persons or property owned by 10212
another. Any operator of a motor vehicle who is voluntarily 10213
involved in a ridesharing arrangement is not considered an 10214
employee for hire or operating such vehicle for gain, 10215
compensation, or profit.10216

       (Z) "State" includes the territories and federal districts 10217
of the United States, and the provinces of Canada.10218

       (AA) "Public roads and highways" for vehicles includes all 10219
public thoroughfares, bridges, and culverts.10220

       (BB) "Manufacturer's number" means the manufacturer's 10221
original serial number that is affixed to or imprinted upon the 10222
chassis or other part of the motor vehicle.10223

       (CC) "Motor number" means the manufacturer's original 10224
number that is affixed to or imprinted upon the engine or motor10225
of the vehicle.10226

       (DD) "Distributor" means any person who is authorized by a 10227
motor vehicle manufacturer to distribute new motor vehicles to 10228
licensed motor vehicle dealers at an established place of10229
business that is used exclusively for the purpose of10230
distributing new motor vehicles to licensed motor vehicle10231
dealers, except when the distributor also is a new motor vehicle10232
dealer, in which case the distributor may distribute at the10233
location of the distributor's licensed dealership.10234

       (EE) "Ridesharing arrangement" means the transportation of 10235
persons in a motor vehicle where the transportation is incidental 10236
to another purpose of a volunteer driver and includes ridesharing 10237
arrangements known as carpools, vanpools, and buspools.10238

       (FF) "Apportionable vehicle" means any vehicle that is used 10239
or intended for use in two or more international registration10240
plan member jurisdictions that allocate or proportionally10241
register vehicles, that is used for the transportation of persons10242
for hire or designed, used, or maintained primarily for the10243
transportation of property, and that meets any of the following10244
qualifications:10245

       (1) Is a power unit having a gross vehicle weight in excess 10246
of twenty-six thousand pounds;10247

       (2) Is a power unit having three or more axles, regardless 10248
of the gross vehicle weight;10249

       (3) Is a combination vehicle with a gross vehicle weight in 10250
excess of twenty-six thousand pounds.10251

       "Apportionable vehicle" does not include recreational 10252
vehicles, vehicles displaying restricted plates, city pick-up and 10253
delivery vehicles, buses used for the transportation of chartered 10254
parties, or vehicles owned and operated by the United States, 10255
this state, or any political subdivisions thereof.10256

       (GG) "Chartered party" means a group of persons who 10257
contract as a group to acquire the exclusive use of a 10258
passenger-carrying motor vehicle at a fixed charge for the 10259
vehicle in accordance with the carrier's tariff, lawfully on file 10260
with the United States department of transportation, for the10261
purpose of group travel to a specified destination or for a10262
particular itinerary, either agreed upon in advance or modified10263
by the chartered group after having left the place of origin.10264

       (HH) "International registration plan" means a reciprocal 10265
agreement of member jurisdictions that is endorsed by the 10266
American association of motor vehicle administrators, and that 10267
promotes and encourages the fullest possible use of the highway 10268
system by authorizing apportioned registration of fleets of 10269
vehicles and recognizing registration of vehicles apportioned in 10270
member jurisdictions.10271

       (II) "Restricted plate" means a license plate that has a 10272
restriction of time, geographic area, mileage, or commodity, and 10273
includes license plates issued to farm trucks under division (K) 10274
of section 4503.04 of the Revised Code.10275

       (JJ) "Gross vehicle weight," with regard to any commercial 10276
car, trailer, semitrailer, or bus that is taxed at the rates 10277
established under section 4503.042 of the Revised Code, means the 10278
unladen weight of the vehicle fully equipped plus the maximum 10279
weight of the load to be carried on the vehicle.10280

       (KK) "Combined gross vehicle weight" with regard to any 10281
combination of a commercial car, trailer, and semitrailer, that 10282
is taxed at the rates established under section 4503.042 of the 10283
Revised Code, means the total unladen weight of the combination 10284
of vehicles fully equipped plus the maximum weight of the load to 10285
be carried on that combination of vehicles.10286

       (LL) "Chauffeured limousine" means a motor vehicle that is 10287
designed to carry nine or fewer passengers and is operated for 10288
hire on an hourly basis pursuant to a prearranged contract for 10289
the transportation of passengers on public roads and highways 10290
along a route under the control of the person hiring the vehicle 10291
and not over a defined and regular route. "Prearranged contract" 10292
means an agreement, made in advance of boarding, to provide 10293
transportation from a specific location in a chauffeured 10294
limousine at a fixed rate per hour or trip. "Chauffeured 10295
limousine" does not include any vehicle that is used exclusively10296
in the business of funeral directing.10297

       (MM) "Manufactured home" has the same meaning as in10298
division (C)(4) of section 3781.06 of the Revised Code.10299

       (NN) "Acquired situs," with respect to a manufactured home 10300
or a mobile home, means to become located in this state by the 10301
placement of the home on real property, but does not include the 10302
placement of a manufactured home or a mobile home in the10303
inventory of a new motor vehicle dealer or the inventory of a10304
manufacturer, remanufacturer, or distributor of manufactured or10305
mobile homes.10306

       (OO) "Electronic" includes electrical, digital, magnetic, 10307
optical, electromagnetic, or any other form of technology that 10308
entails capabilities similar to these technologies.10309

       (PP) "Electronic record" means a record generated, 10310
communicated, received, or stored by electronic means for use in 10311
an information system or for transmission from one information 10312
system to another.10313

       (QQ) "Electronic signature" means a signature in electronic 10314
form attached to or logically associated with an electronic 10315
record.10316

       (RR) "Financial transaction device" has the same meaning as 10317
in division (A) of section 113.40 of the Revised Code.10318

       (SS) "Electronic motor vehicle dealer" means a motor vehicle 10319
dealer licensed under Chapter 4517. of the Revised Code whom the 10320
registrar of motor vehicles determines meets the criteria 10321
designated in section 4503.035 of the Revised Code for electronic 10322
motor vehicle dealers and designates as an electronic motor 10323
vehicle dealer under that section.10324

       (TT) "Limited driving privileges" means the privilege to10325
operate a motor vehicle that a court grants under section 4510.02110326
of the Revised Code to a person whose driver's or commercial10327
driver's license or permit or nonresident operating privilege has10328
been suspended.10329

       Sec. 4501.022.  (A) The registrar of motor vehicles shall10330
determine the necessary or appropriate method by which written10331
notice of an order revoking or suspending a motor vehicle driver's10332
or commercial driver's license or requiring the surrender of a10333
certificate of registration and registration plates may be10334
provided to the person holding the license or the certificate of10335
registration and registration plates. Division (A) of this10336
section does not apply if the registrar is required to provide10337
notification by use of a method specified by law.10338

       (B) Pursuant to rules adopted by the registrar, the bureau10339
of motor vehicles shall implement proof of mailing procedures to10340
provide verification that written notice of an order revoking or10341
suspending a motor vehicle driver's or commercial driver's license10342
or requiring the surrender of a certificate of registration and10343
registration plates was sent to the person holding the license or10344
the certificate of registration and registration plates.10345

       Sec. 4501.17.  There is hereby created in the state treasury10346
the OMVIOVI fines fund. The fund shall consist of fine money10347
received by the state highway patrol pursuant to division (A) of10348
section 4511.994511.19 of the Revised Code, and shall be used by10349
the state highway patrol to enforce that section 4511.19 of the10350
Revised Code and to conduct programs to inform the public of the10351
dangers of, and laws governing, the operation of motor vehicles10352
while under the influence of alcohol.10353

       Sec. 4501.19.  There is hereby created in the state treasury10354
the law enforcement reimbursement fund. The law enforcement10355
reimbursement fund shall consist of fees collected by the10356
registrar of motor vehicles under division (A)(6)(5) of section10357
4503.233 of the Revised Code, and shall be used to make payments10358
to law enforcement agencies in accordance with that division.10359
However, the director of budget and management may transfer excess10360
money from the law enforcement reimbursement fund to the bureau of10361
motor vehicles fund created in section 4501.25 of the Revised Code10362
if the registrar determines that the amount of money in the law10363
enforcement reimbursement fund exceeds the amounts required to be10364
paid by division (A)(6)(5) of section 4503.233 of the Revised10365
Code, and the registrar requests the director to make the10366
transfer. All investment earnings of the law enforcement10367
reimbursement fund shall be credited to the fund.10368

       Sec. 4501.25.  There is hereby created in the state treasury10369
the state bureau of motor vehicles fund. The fund shall consist10370
of all money collected by the registrar of motor vehicles,10371
including taxes, fees, and fines levied, charged, or referred to10372
in Chapters 4501., 4503., 4505., 4506., 4507., 4509., 4510.,10373
4511., 4517., 4519., and 4521., and sections 3123.59, 2935.27,10374
2937.221, 4738.06, 4738.13, and 4738.18 of the Revised Code10375
unless otherwise designated by law. The fund shall be used to pay10376
the expenses of administering the law relative to the powers and10377
duties of the registrar of motor vehicles. All investment10378
earnings of the fund shall be retained by the fund.10379

       Sec. 4507.25.        Sec. 4501.34.  (A) The registrar of motor vehicles10380
may adopt and publish rules to govern histhe registrar's10381
proceedings. All proceedings of the registrar shall be open to10382
the public, and all documents in histhe registrar's possession10383
shall beare public records. HeThe registrar shall adopt a seal10384
bearing the inscription: "Motor Vehicle Registrar of Ohio." The10385
seal shall be affixed to all writs and authenticated copies of10386
records, and, when it has been so attached, suchthe copies shall10387
be received in evidence with the same effect as other public10388
records. All courts shall take judicial notice of the seal.10389

       (B) Upon the request of any person accompanied by a10390
nonrefundable fee of two dollars per name, the registrar may10391
furnish lists of names and addresses as they appear upon the10392
applications for driver's licenses, provided that any further10393
information contained in the applications shall not be disclosed.10394
AllThe registrar shall pay all the fees collected shall be paid10395
by the registrar into the state treasury to the credit of the10396
state bureau of motor vehicles fund established in section 4501.2510397
of the Revised Code.10398

       This division does not apply to the list of qualified driver10399
licensees required to be compiled and filed pursuant to section10400
2313.06 of the Revised Code.10401

       Sec. 4507.26.        Sec. 4501.351.  An order, except an order relating10402
to a license as defined in section 119.01 of the Revised Code,10403
made by the registrar of motor vehicles may be reversed, vacated,10404
or modified by the court of common pleas of Franklin county, or by10405
the court of common pleas in the county in which the party10406
affected is a resident, or in which the matter complained of10407
arose.10408

       Sec. 4507.27.        Sec. 4501.36.  A proceeding to obtain the reversal,10409
vacation, or modification of an order of the registrar of motor10410
vehicles shall be by appeal,.Any party to the proceedings before10411
the registrar shall file notice of which shall be filedthe appeal10412
in the court of common pleas on or before the expiration of thirty10413
days from date of entry of suchthe order, by any party to the10414
proceedings before the registrar.Such. The court shall set such10415
the appeal for hearing and take suchany testimony as is necessary10416
to decide the matter. AtThe court shall give the registrar at10417
least ten days' notice of the time and place of suchthe hearing10418
shall be given to the registrar.10419

       Sec. 4507.28.        Sec. 4501.37.  No court may reverse, suspend, or10420
delay any order made by the registrar of motor vehicles, or10421
enjoin, restrain, or interfere with the registrar or a deputy10422
registrar in the performance of official duties, except as10423
provided in sections 4507.01 to 4507.39, inclusive,this chapter10424
and Chapter 4507. or4510. of the Revised Code.10425

       Sec. 4507.29.        Sec. 4501.38.  Upon the request of the registrar of10426
motor vehicles, the prosecuting attorney of the county in which10427
any proceedings are pending, shall aid in any investigation,10428
prosecution, hearing, or trial hadheld under sections 4507.01 to10429
4507.39,this chapter or Chapter 4506., 4507., 4510., or4511. of10430
the Revised Code, and shall institute and prosecute suchany10431
actions or proceedings for the enforcement of suchthe sections10432
contained in those chapters, and for the punishment of all10433
violations thereofof those sections, as the registrar directs.10434

       Sec. 4503.033.  (A) Annually, on or before the thirty-first10435
day of January, every deputy registrar shall file with the10436
registrar of motor vehicles on a form prescribed by the registrar,10437
a statement disclosing all of the following:10438

       (1) The name of the person filing the statement, and, if10439
applicable, of his spouse and of members of his immediate family;10440

       (2) Any contribution made within the previous calendar year10441
by the person and, if applicable, by his spouse and by members of10442
his immediate family to each of the following:10443

       (a) Any political party;10444

       (b) Any candidate for the office of governor, attorney10445
general, secretary of state, treasurer of state, auditor of state,10446
member of the senate or house of representatives of the general10447
assembly, or to the campaign committee of any such candidate.10448

       (3) The month, day, and year in which the contribution was10449
made;10450

       (4) The full name and address of each person, political10451
party, or campaign committee to which a contribution was made;10452

       (5) The value in dollars and cents of the contribution.10453

       (B) No person shall knowingly fail to file, on or before the10454
filing deadline under this section, a statement that is required10455
by division (A) of this section.10456

       (C) No person shall knowingly make a false statement in a10457
statement that is required to be filed under division (A) of this10458
section.10459

       (D) On and after the effective date of this amendmentMarch10460
2, 1994, the statement required by division (A) of this section10461
shall be accompanied by a filing fee of twenty-five dollars. If10462
the statement required by division (A) of this section is not10463
filed by the date on which it is required to be filed, the10464
registrar of motor vehicles shall assess a late filing fee as10465
prescribed in division (F) of section 102.02 of the Revised Code.10466
The registrar shall deposit all fees he receives under this10467
division into the general revenue fund of the state.10468

       (E) Not later than the date a deputy registrar is required10469
to file a statement under division (A) of this section, the deputy10470
registrar shall file a copy of the statement with the office of10471
the secretary of state. The secretary of state shall keep the10472
copies of all statements filed with his office under this division10473
only for the purpose of making them available for public10474
inspection.10475

       (F)Whoever violates division (B) of this section shall be10476
fined one thousand dollars. Whoever violates division (C) of this10477
section shall be fined ten thousand dollars.10478

       Sec. 4503.05. (A) No person shall use a motor vehicle10479
registered as a noncommercial motor vehicle as defined in section10480
4501.01 of the Revised Code for other than the purposes set forth10481
in that section 4501.01of the Revised Code.10482

       (B)Whoever violates this section is guilty of a misdemeanor10483
of the fourth degree.10484

       Sec. 4503.061.  (A) All manufactured and mobile homes shall10485
be listed on either the real property tax list or the manufactured10486
home tax list of the county in which the home has situs. Each10487
owner shall follow the procedures in this section to identify the10488
home to the county auditor of the county containing the taxing10489
district in which the home has situs so that the auditor may place10490
the home on the appropriate tax list.10491

       (B) When a manufactured or mobile home first acquires situs10492
in this state and is subject to real property taxation pursuant to10493
division (B)(1) or (2) of section 4503.06 of the Revised Code, the10494
owner shall present to the auditor of the county containing the10495
taxing district in which the home has its situs the certificate of10496
title for the home, together with proof that all taxes due have10497
been paid and proof that a relocation notice was obtained for the10498
home if required under this section. Upon receiving the10499
certificate of title and the required proofs, the auditor shall10500
place the home on the real property tax list and proceed to treat10501
the home as other properties on that list. After the auditor has10502
placed the home on the tax list of real and public utility10503
property, the auditor shall deliver the certificate of title to10504
the clerk of the court of common pleas that issued it pursuant to10505
section 4505.11 of the Revised Code, and the clerk shall10506
inactivate the certificate of title.10507

       (C)(1) When a manufactured or mobile home subject to a10508
manufactured home tax is relocated to or first acquires situs in10509
any county that has adopted a permanent manufactured home10510
registration system, as provided in division (F) of this section,10511
the owner, within thirty days after the home is relocated or first10512
acquires situs under section 4503.06 of the Revised Code, shall10513
register the home with the county auditor of the county containing10514
the taxing district in which the home has its situs. For the10515
first registration in each county of situs, the owner or vendee in10516
possession shall present to the county auditor an Ohio certificate10517
of title, certified copy of the certificate of title, or10518
memorandum certificate of title as such are required by law, and10519
proof, as required by the county auditor, that the home, if it has10520
previously been occupied and is being relocated, has been10521
previously registered, that all taxes due and required to be paid10522
under division (H)(1) of this section before a relocation notice10523
may be issued have been paid, and that a relocation notice was10524
obtained for the home if required by division (H) of this section. 10525
If the owner or vendee does not possess the Ohio certificate of10526
title, certified copy of the certificate of title, or memorandum10527
certificate of title at the time the owner or vendee first10528
registers the home in a county, the county auditor shall register10529
the home without presentation of the document, but the owner or10530
vendee shall present the certificate of title, certified copy of10531
the certificate of title, or memorandum certificate of title to10532
the county auditor within fourteen days after the owner or vendee10533
obtains possession of the document.10534

       (2) When a manufactured or mobile home is registered for the10535
first time in a county and when the total tax due has been paid as10536
required by division (F) of section 4503.06 of the Revised Code or10537
divisions (E) and (H) of this section, the county treasurer shall10538
note by writing or by a stamp on the certificate of title,10539
certified copy of certificate of title, or memorandum certificate10540
of title that the home has been registered and that the taxes due,10541
if any, have been paid for the preceding five years and for the10542
current year. The treasurer shall then issue a certificate10543
evidencing registration and a decal to be displayed on the street10544
side of the home. Such certificate is valid in any county in this10545
state during the year for which it is issued.10546

       (3) For each year thereafter, the county treasurer shall10547
issue a tax bill stating the amount of tax due under section10548
4503.06 of the Revised Code, as provided in division (D)(6) of10549
that section. When the total tax due has been paid as required by10550
division (F) of section 4503.06 of the Revised Code, the county10551
treasurer shall issue a certificate evidencing registration that10552
shall be valid in any county in this state during the year for10553
which the certificate is issued.10554

       (4) The permanent decal issued under this division is valid10555
during the period of ownership, except that when a manufactured10556
home is relocated in another county the owner shall apply for a10557
new registration as required by this section and section 4503.0610558
of the Revised Code.10559

       (D)(1) All owners of manufactured or mobile homes subject to10560
the manufactured home tax being relocated to or having situs in a10561
county that has not adopted a permanent registration system, as10562
provided in division (F) of this section, shall register the home10563
within thirty days after the home is relocated or first acquires10564
situs under section 4503.06 of the Revised Code and thereafter10565
shall annually register the home with the county auditor of the10566
county containing the taxing district in which the home has its10567
situs.10568

       (2) Upon the annual registration, the county treasurer10569
shall issue a tax bill stating the amount of annual manufactured10570
home tax due under section 4503.06 of the Revised Code, as10571
provided in division (D)(6) of that section. When a manufactured10572
or mobile home is registered and when the tax for the current10573
one-half year has been paid as required by division (F) of section10574
4503.06 of the Revised Code, the county treasurer shall issue a10575
certificate evidencing registration and a decal. Such certificate10576
and decal are valid in any county in this state during the year10577
for which they are issued. The decal shall be displayed on the10578
street side of the home.10579

       (3) For the first annual registration in each county of10580
situs, the county auditor shall require the owner or vendee to10581
present an Ohio certificate of title, certified copy of the10582
certificate of title, or memorandum certificate of title as such10583
are required by law, and proof, as required by the county auditor,10584
that the manufactured or mobile home has been previously10585
registered, if such registration was required, that all taxes due10586
and required to be paid under division (H)(1) of this section10587
before a relocation notice may be issued have been paid, and that10588
a relocation notice was obtained for the home if required by10589
division (H) of this section. If the owner or vendee does not10590
possess the Ohio certificate of title, certified copy of the10591
certificate of title, or memorandum certificate of title at the10592
time the owner or vendee first registers the home in a county, the10593
county auditor shall register the home without presentation of the10594
document, but the owner or vendee shall present the certificate of10595
title, certified copy of the certificate of title, or memorandum10596
certificate of title to the county auditor within fourteen days10597
after the owner or vendee obtains possession of the document. When10598
the county treasurer receives the tax payment, the county10599
treasurer shall note by writing or by a stamp on the certificate10600
of title, certified copy of the certificate of title, or10601
memorandum certificate of title that the home has been registered10602
for the current year and that the manufactured home taxes due, if10603
any, have been paid for the preceding five years and for the10604
current year.10605

       (4) For subsequent annual registrations, the auditor may10606
require the owner or vendee in possession to present an Ohio10607
certificate of title, certified copy of the certificate of title,10608
or memorandum certificate of title to the county treasurer upon10609
payment of the manufactured home tax that is due.10610

       (E)(1) Upon the application to transfer ownership of a10611
manufactured or mobile home for which manufactured home taxes are10612
paid pursuant to division (C) of section 4503.06 of the Revised10613
Code the clerk of the court of common pleas shall not issue any10614
certificate of title that does not contain or have attached both10615
of the following:10616

       (a) An endorsement of the county treasurer stating that the10617
home has been registered for each year of ownership and that all10618
manufactured home taxes imposed pursuant to section 4503.06 of the10619
Revised Code have been paid or that no tax is due;10620

       (b) An endorsement of the county auditor that the10621
manufactured home transfer tax imposed pursuant to section 322.0610622
of the Revised Code and any fees imposed under division (F) of10623
section 319.54 of the Revised Code have been paid.10624

       (2) If all the taxes have not been paid, the clerk shall10625
notify the vendee to contact the county treasurer of the county10626
containing the taxing district in which the home has its situs at10627
the time of the proposed transfer. The county treasurer shall10628
then collect all the taxes that are due for the year of the10629
transfer and all previous years not exceeding a total of five10630
years. The county treasurer shall distribute that part of the10631
collection owed to the county treasurer of other counties if the10632
home had its situs in another county during a particular year when10633
the unpaid tax became due and payable. The burden to prove the10634
situs of the home in the years that the taxes were not paid is on10635
the transferor of the home. Upon payment of such taxes, the10636
county auditor shall remove all remaining taxes from the10637
manufactured home tax list and the delinquent manufactured home10638
tax list, and the county treasurer shall release all liens for10639
such taxes. The clerk of courts shall issue a certificate of10640
title, free and clear of all liens for manufactured home taxes, to10641
the transferee of the home.10642

       (3) Once the transfer is complete and the certificate of10643
title has been issued, the transferee shall register the10644
manufactured or mobile home pursuant to division (C) or (D) of10645
this section with the county auditor of the county containing the10646
taxing district in which the home remains after the transfer or,10647
if the home is relocated to another county, with the county10648
auditor of the county to which the home is relocated. The10649
transferee need not pay the annual tax for the year of acquisition10650
if the original owner has already paid the annual tax for that10651
year.10652

       (F) The county auditor may adopt a permanent registration10653
system and issue a permanent decal with the first registration as10654
prescribed by the tax commissioner.10655

       (G) When any manufactured or mobile home required to be10656
registered by this section is not registered, the county auditor10657
shall impose a penalty of one hundred dollars upon the owner and10658
deposit the amount to the credit of the county real estate10659
assessment fund to be used to pay the costs of administering this10660
section and section 4503.06 of the Revised Code. If unpaid, the10661
penalty shall constitute a lien on the home and shall be added by10662
the county auditor to the manufactured home tax list for10663
collection.10664

       (H)(1) Before moving a manufactured or mobile home on public10665
roads from one address within this state to another address10666
within or outside this state, the owner of the home shall obtain a10667
relocation notice, as provided by this section, from the auditor10668
of the county in which the home is located if the home is10669
currently subject to taxation pursuant to section 4503.06 of the10670
Revised Code. The auditor shall charge five dollars for the10671
notice, and deposit the amount to the credit of the county real10672
estate assessment fund to be used to pay the costs of10673
administering this section and section 4503.06 of the Revised10674
Code. The auditor shall not issue a relocation notice unless all10675
taxes owed on the home under section 4503.06 of the Revised Code10676
that were first charged to the home during the period of ownership10677
of the owner seeking the relocation notice have been paid. If the10678
home is being moved by a new owner of the home or by a party10679
taking repossession of the home, the auditor shall not issue a10680
relocation notice unless all of the taxes due for the preceding10681
five years and for the current year have been paid. A relocation10682
notice issued by a county auditor is valid until the last day of10683
December of the year in which it was issued.10684

       (2) If a manufactured or mobile home is not yet subject to10685
taxation under section 4503.06 of the Revised Code, the owner of10686
the home shall obtain a relocation notice from the dealer of the10687
home. Within thirty days after the manufactured or mobile home is10688
purchased, the dealer of the home shall provide the auditor of the10689
county in which the home is to be located written notice of the10690
name of the purchaser of the home, the registration number or10691
vehicle identification number of the home, and the address or10692
location to which the home is to be moved. The county auditor10693
shall provide to each manufactured and mobile home dealer, without10694
charge, a supply of relocation notices to be distributed to10695
purchasers pursuant to this section.10696

       (3) The notice shall be in the form of a one-foot square10697
yellow sign with the words "manufactured home relocation notice"10698
printed prominently on it. The name of the owner of the home, the10699
home's registration number or vehicle identification number, the10700
county and the address or location to which the home is being10701
moved, and the county in which the notice is issued shall also be10702
entered on the notice.10703

       (4) The relocation notice must be attached to the rear of10704
the home when the home is being moved on a public road. Except as10705
provided in division (H)(5) of this section, no person shall drive10706
a motor vehicle moving a manufactured or mobile home on a public10707
road from one address to another address within this state unless10708
a relocation notice is attached to the rear of the home.10709

       (5) If the county auditor determines that a manufactured or10710
mobile home has been moved without a relocation notice as required10711
under this division, the auditor shall impose a penalty of one10712
hundred dollars upon the owner of the home and upon the person who10713
moved the home and deposit the amount to the credit of the county10714
real estate assessment fund to pay the costs of administering this10715
section and section 4503.06 of the Revised Code. If the home was10716
relocated from one county in this state to another county in this10717
state and the county auditor of the county to which the home was10718
relocated imposes the penalty, that county auditor, upon10719
collection thereof, shall cause an amount equal to the penalty to10720
be transmitted from the county real estate assessment fund to the10721
county auditor of the county from which the home was relocated,10722
who shall deposit the amount to the credit of the county real10723
estate assessment fund. If the penalty on the owner is unpaid,10724
the penalty shall constitute a lien on the home and the auditor10725
shall add the penalty to the manufactured home tax list for10726
collection. If the county auditor determines that a dealer that10727
has sold a manufactured or mobile home has failed to timely10728
provide the information required under this division, the auditor10729
shall impose a penalty upon the dealer in the amount of one10730
hundred dollars. The penalty shall be credited to the county real10731
estate assessment fund and used to pay the costs of administering10732
this section and section 4503.06 of the Revised Code.10733

       (I)Whoever violates division (H)(4) of this section is10734
guilty of a minor misdemeanor.10735

       Sec. 4503.066.  (A)(1) To obtain a reduction in the10736
assessable value of a manufactured or mobile home under section10737
4503.065 of the Revised Code, the owner of the home shall file an10738
application with the county auditor of the county in which the10739
home is located. An application for reduction in assessable value10740
based upon a physical disability shall be accompanied by a10741
certificate signed by a physician, and an application for10742
reduction in assessable value based upon a mental disability shall10743
be accompanied by a certificate signed by a physician or10744
psychologist licensed to practice in this state. The certificate10745
shall attest to the fact that the applicant is permanently and10746
totally disabled, shall be in a form that the department of10747
taxation requires, and shall include the definition of totally and10748
permanently disabled as set forth in section 4503.064 of the10749
Revised Code. An application for reduction in assessable value10750
based upon a disability certified as permanent and total by a10751
state or federal agency having the function of so classifying10752
persons shall be accompanied by a certificate from that agency.10753

       (2) Each application shall constitute a continuing10754
application for a reduction in assessable value for each year in10755
which the manufactured or mobile home is occupied by the applicant10756
and in which the amount of the reduction in assessable value does10757
not exceed either the amount or per cent of the reduction for the10758
year in which the application was first filed. Failure to receive10759
a new application or notification under division (B) of this10760
section after a certificate of reduction has been issued under10761
section 4503.067 of the Revised Code is prima-facie evidence that10762
the original applicant is entitled to the reduction in assessable10763
value calculated on the basis of the information contained in the10764
original application. The original application and any subsequent10765
application shall be in the form of a signed statement and shall10766
be filed not later than the first Monday in June. The statement10767
shall be on a form, devised and supplied by the tax commissioner,10768
that shall require no more information than is necessary to10769
establish the applicant's eligibility for the reduction in10770
assessable value and the amount of the reduction to which the10771
applicant is entitled. The form shall contain a statement that10772
signing such application constitutes a delegation of authority by10773
the applicant to the county auditor to examine any financial10774
records that relate to income earned by the applicant as stated on10775
the application for the purpose of determining eligibility under,10776
or possible violation of, division (C) or (D) of this section. The10777
form also shall contain a statement that conviction of willfully10778
falsifying information to obtain a reduction in assessable value10779
or failing to comply with division (B) of this section shall10780
result in the revocation of the right to the reduction for a10781
period of three years.10782

       (3) A late application for a reduction in assessable value10783
for the year preceding the year for which an original application10784
is filed may be filed with an original application. If the10785
auditor determines that the information contained in the late10786
application is correct, the auditor shall determine both the10787
amount of the reduction in assessable value to which the applicant10788
would have been entitled for the current tax year had the10789
application been timely filed and approved in the preceding year,10790
and the amount the taxes levied under section 4503.06 of the10791
Revised Code for the current year would have been reduced as a10792
result of the reduction in assessable value. When an applicant is10793
permanently and totally disabled on the first day of January of10794
the year in which the applicant files a late application, the10795
auditor, in making the determination of the amounts of the10796
reduction in assessable value and taxes under division (A)(3) of10797
this section, is not required to determine that the applicant was10798
permanently and totally disabled on the first day of January of10799
the preceding year.10800

       The amount of the reduction in taxes pursuant to a late10801
application shall be treated as an overpayment of taxes by the10802
applicant. The auditor shall credit the amount of the overpayment10803
against the amount of the taxes or penalties then due from the10804
applicant, and, at the next succeeding settlement, the amount of10805
the credit shall be deducted from the amount of any taxes or10806
penalties distributable to the county or any taxing unit in the10807
county that has received the benefit of the taxes or penalties10808
previously overpaid, in proportion to the benefits previously10809
received. If, after the credit has been made, there remains a10810
balance of the overpayment, or if there are no taxes or penalties10811
due from the applicant, the auditor shall refund that balance to10812
the applicant by a warrant drawn on the county treasurer in favor10813
of the applicant. The treasurer shall pay the warrant from the10814
general fund of the county. If there is insufficient money in the10815
general fund to make the payment, the treasurer shall pay the10816
warrant out of any undivided manufactured or mobile home taxes10817
subsequently received by the treasurer for distribution to the10818
county or taxing district in the county that received the benefit10819
of the overpaid taxes, in proportion to the benefits previously10820
received, and the amount paid from the undivided funds shall be10821
deducted from the money otherwise distributable to the county or10822
taxing district in the county at the next or any succeeding10823
distribution. At the next or any succeeding distribution after10824
making the refund, the treasurer shall reimburse the general fund10825
for any payment made from that fund by deducting the amount of10826
that payment from the money distributable to the county or other10827
taxing unit in the county that has received the benefit of the10828
taxes, in proportion to the benefits previously received. On the10829
second Monday in September of each year, the county auditor shall10830
certify the total amount of the reductions in taxes made in the10831
current year under division (A)(3) of this section to the tax10832
commissioner who shall treat that amount as a reduction in taxes10833
for the current tax year and shall make reimbursement to the10834
county of that amount in the manner prescribed in section 4503.06810835
of the Revised Code, from moneys appropriated for that purpose.10836

       (B) If in any year after an application has been filed under10837
division (A) of this section the owner no longer qualifies for the10838
reduction in assessable value for which the owner was issued a10839
certificate or qualifies for a reduction that is less than either10840
the per cent or amount of the reduction to which the owner was10841
entitled in the year the application was filed, the owner shall10842
notify the county auditor that the owner is not qualified for a10843
reduction in the assessable value of the home or file a new10844
application under division (A) of this section.10845

       During January of each year, the county auditor shall furnish10846
each person issued a certificate of reduction in value, by10847
ordinary mail, a form on which to report any changes in total10848
income that would have the effect of increasing or decreasing the10849
reduction to which the person is entitled, changes in ownership of10850
the home, including changes in or revocation of a revocable inter10851
vivos trust, changes in disability, and other changes in the10852
information earlier furnished the auditor relative to the10853
application. The form shall be completed and returned to the10854
auditor not later than the first Monday in June if the changes10855
would affect the level of reduction in assessable value.10856

       (C) No person shall knowingly make a false statement for the10857
purpose of obtaining a reduction in assessable value under section10858
4503.065 of the Revised Code.10859

       (D) No person shall knowingly fail to notify the county10860
auditor of any change required by division (B) of this section10861
that has the effect of maintaining or securing a reduction in10862
assessable value of the home in excess of the reduction allowed10863
under section 4503.065 of the Revised Code.10864

       (E) No person shall knowingly make a false statement or10865
certification attesting to any person's physical or mental10866
condition for purposes of qualifying such person for tax relief10867
pursuant to sections 4503.064 to 4503.069 of the Revised Code.10868

       (F)Whoever violates division (C), (D), or (E) of this10869
section is guilty of a misdemeanor of the fourth degree.10870

       Sec. 4503.10.  (A) The owner of every snowmobile,10871
off-highway motorcycle, and all-purpose vehicle required to be10872
registered under section 4519.02 of the Revised Code shall file an10873
application for registration under section 4519.03 of the Revised10874
Code. The owner of a motor vehicle, other than a snowmobile,10875
off-highway motorcycle, or all-purpose vehicle, that is not10876
designed and constructed by the manufacturer for operation on a10877
street or highway may not register it under this chapter except10878
upon certification of inspection pursuant to section 4513.02 of10879
the Revised Code by the sheriff, or the chief of police of the10880
municipal corporation or township, with jurisdiction over the10881
political subdivision in which the owner of the motor vehicle10882
resides. Except as provided in section 4503.103 of the Revised10883
Code, every owner of every other motor vehicle not previously10884
described in this section and every person mentioned as owner in10885
the last certificate of title of a motor vehicle that is operated10886
or driven upon the public roads or highways shall cause to be10887
filed each year, by mail or otherwise, in the office of the10888
registrar of motor vehicles or a deputy registrar, a written or10889
electronic application or a preprinted registration renewal notice10890
issued under section 4503.102 of the Revised Code, the form of10891
which shall be prescribed by the registrar, for registration for10892
the following registration year, which shall begin on the first10893
day of January of every calendar year and end on the thirty-first10894
day of December in the same year. Applications for registration10895
and registration renewal notices shall be filed at the times10896
established by the registrar pursuant to section 4503.101 of the10897
Revised Code. A motor vehicle owner also may elect to apply for10898
or renew a motor vehicle registration by electronic means using10899
electronic signature in accordance with rules adopted by the10900
registrar. Except as provided in division (J) of this section,10901
applications for registration shall be made on blanks furnished by10902
the registrar for that purpose, containing the following10903
information:10904

       (1) A brief description of the motor vehicle to be10905
registered, including the name of the manufacturer, the factory10906
number of the vehicle, the year's model, and, in the case of10907
commercial cars, the gross weight of the vehicle fully equipped10908
computed in the manner prescribed in section 4503.08 of the10909
Revised Code;10910

       (2) The name and residence address of the owner, and the10911
township and municipal corporation in which the owner resides;10912

       (3) The district of registration, which shall be determined10913
as follows:10914

       (a) In case the motor vehicle to be registered is used for10915
hire or principally in connection with any established business or10916
branch business, conducted at a particular place, the district of10917
registration is the municipal corporation in which that place is10918
located or, if not located in any municipal corporation, the10919
county and township in which that place is located.10920

       (b) In case the vehicle is not so used, the district of10921
registration is the municipal corporation or county in which the10922
owner resides at the time of making the application.10923

       (4) Whether the motor vehicle is a new or used motor10924
vehicle;10925

       (5) The date of purchase of the motor vehicle;10926

       (6) Whether the fees required to be paid for the10927
registration or transfer of the motor vehicle, during the10928
preceding registration year and during the preceding period of the10929
current registration year, have been paid. Each application for10930
registration shall be signed by the owner, either manually or by10931
electronic signature, or pursuant to obtaining a limited power of10932
attorney authorized by the registrar for registration, or other10933
document authorizing such signature. If the owner elects to apply10934
for or renew the motor vehicle registration with the registrar by10935
electronic means, the owner's manual signature is not required.10936

       (7) The owner's social security number, if assigned, or,10937
where a motor vehicle to be registered is used for hire or10938
principally in connection with any established business, the10939
owner's federal taxpayer identification number. The bureau of10940
motor vehicles shall retain in its records all social security10941
numbers provided under this section, but the bureau shall not10942
place social security numbers on motor vehicle certificates of10943
registration.10944

       (B) Each time an applicant first registers a motor vehicle10945
in the applicant's name, the applicant shall present for10946
inspection a physical certificate of title or a memorandum10947
certificate showing title to the motor vehicle to be registered in10948
the name of the applicant if a physical certificate of title or10949
memorandum certificate has been issued by a clerk of a court of10950
common pleas. If, under sections 4505.021, 4505.06, and 4505.0810951
of the Revised Code, a clerk instead has issued an electronic10952
certificate of title for the applicant's motor vehicle, that10953
certificate may be presented for inspection at the time of first10954
registration in a manner prescribed by rules adopted by the10955
registrar. When a motor vehicle inspection and maintenance10956
program is in effect under section 3704.14 of the Revised Code and10957
rules adopted under it, each application for registration for a10958
vehicle required to be inspected under that section and those10959
rules shall be accompanied by an inspection certificate for the10960
motor vehicle issued in accordance with that section. The10961
application shall be refused if any of the following applies:10962

       (1) The application is not in proper form.10963

       (2) The application is prohibited from being accepted by10964
division (D) of section 2935.27, division (A) of section 2937.221,10965
division (A) of section 4503.13, division (B) of section 4507.16810966
4510.22, or division (B)(1) of section 4521.10 of the Revised10967
Code.10968

       (3) A certificate of title or memorandum certificate of10969
title does not accompany the application or, in the case of an10970
electronic certificate of title, is not presented in a manner10971
prescribed by the registrar's rules.10972

       (4) All registration and transfer fees for the motor10973
vehicle, for the preceding year or the preceding period of the10974
current registration year, have not been paid.10975

       (5) The owner or lessee does not have an inspection10976
certificate for the motor vehicle as provided in section 3704.1410977
of the Revised Code, and rules adopted under it, if that section10978
is applicable.10979

       This section does not require the payment of license or10980
registration taxes on a motor vehicle for any preceding year, or10981
for any preceding period of a year, if the motor vehicle was not10982
taxable for that preceding year or period under sections 4503.02,10983
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the10984
Revised Code. When a certificate of registration is issued upon10985
the first registration of a motor vehicle by or on behalf of the10986
owner, the official issuing the certificate shall indicate the10987
issuance with a stamp on the certificate of title or memorandum10988
certificate or, in the case of an electronic certificate of title,10989
an electronic stamp or other notation as specified in rules10990
adopted by the registrar, and with a stamp on the inspection10991
certificate for the motor vehicle, if any. The official also10992
shall indicate, by a stamp or by other means the registrar10993
prescribes, on the registration certificate issued upon the first10994
registration of a motor vehicle by or on behalf of the owner the10995
odometer reading of the motor vehicle as shown in the odometer10996
statement included in or attached to the certificate of title.10997
Upon each subsequent registration of the motor vehicle by or on10998
behalf of the same owner, the official also shall so indicate the10999
odometer reading of the motor vehicle as shown on the immediately11000
preceding certificate of registration.11001

       The registrar shall include in the permanent registration11002
record of any vehicle required to be inspected under section11003
3704.14 of the Revised Code the inspection certificate number from11004
the inspection certificate that is presented at the time of11005
registration of the vehicle as required under this division.11006

       (C) In addition, a charge of twenty-five cents shall be made11007
for each reflectorized safety license plate issued, and a single11008
charge of twenty-five cents shall be made for each county11009
identification sticker or each set of county identification11010
stickers issued, as the case may be, to cover the cost of11011
producing the license plates and stickers, including material,11012
manufacturing, and administrative costs. Those fees shall be in11013
addition to the license tax. If the total cost of producing the11014
plates is less than twenty-five cents per plate, or if the total11015
cost of producing the stickers is less than twenty-five cents per11016
sticker or per set issued, any excess moneys accruing from the11017
fees shall be distributed in the same manner as provided by11018
section 4501.04 of the Revised Code for the distribution of11019
license tax moneys. If the total cost of producing the plates11020
exceeds twenty-five cents per plate, or if the total cost of11021
producing the stickers exceeds twenty-five cents per sticker or11022
per set issued, the difference shall be paid from the license tax11023
moneys collected pursuant to section 4503.02 of the Revised Code.11024

       (D) Each deputy registrar shall be allowed a fee of two11025
dollars and seventy-five cents commencing on July 1, 2001, three11026
dollars and twenty-five cents commencing on January 1, 2003, and11027
three dollars and fifty cents commencing on January 1, 2004, for11028
each application for registration and registration renewal notice11029
the deputy registrar receives, which shall be for the purpose of11030
compensating the deputy registrar for the deputy registrar's11031
services, and such office and rental expenses, as may be necessary11032
for the proper discharge of the deputy registrar's duties in the11033
receiving of applications and renewal notices and the issuing of11034
registrations.11035

       (E) Upon the certification of the registrar, the county11036
sheriff or local police officials shall recover license plates11037
erroneously or fraudulently issued.11038

       (F) Each deputy registrar, upon receipt of any application11039
for registration or registration renewal notice, together with the11040
license fee and any local motor vehicle license tax levied11041
pursuant to Chapter 4504. of the Revised Code, shall transmit that11042
fee and tax, if any, in the manner provided in this section,11043
together with the original and duplicate copy of the application,11044
to the registrar. The registrar, subject to the approval of the11045
director of public safety, may deposit the funds collected by11046
those deputies in a local bank or depository to the credit of the11047
"state of Ohio, bureau of motor vehicles." Where a local bank or11048
depository has been designated by the registrar, each deputy11049
registrar shall deposit all moneys collected by the deputy11050
registrar into that bank or depository not more than one business11051
day after their collection and shall make reports to the registrar11052
of the amounts so deposited, together with any other information,11053
some of which may be prescribed by the treasurer of state, as the11054
registrar may require and as prescribed by the registrar by rule.11055
The registrar, within three days after receipt of notification of11056
the deposit of funds by a deputy registrar in a local bank or11057
depository, shall draw on that account in favor of the treasurer11058
of state. The registrar, subject to the approval of the director11059
and the treasurer of state, may make reasonable rules necessary11060
for the prompt transmittal of fees and for safeguarding the11061
interests of the state and of counties, townships, municipal11062
corporations, and transportation improvement districts levying11063
local motor vehicle license taxes. The registrar may pay service11064
charges usually collected by banks and depositories for such11065
service. If deputy registrars are located in communities where11066
banking facilities are not available, they shall transmit the fees11067
forthwith, by money order or otherwise, as the registrar, by rule11068
approved by the director and the treasurer of state, may11069
prescribe. The registrar may pay the usual and customary fees for11070
such service.11071

       (G) This section does not prevent any person from making an11072
application for a motor vehicle license directly to the registrar11073
by mail, by electronic means, or in person at any of the11074
registrar's offices, upon payment of a service fee of two dollars11075
and seventy-five cents commencing on July 1, 2001, three dollars11076
and twenty-five cents commencing on January 1, 2003, and three11077
dollars and fifty cents commencing on January 1, 2004, for each11078
application.11079

       (H) No person shall make a false statement as to the11080
district of registration in an application required by division11081
(A) of this section. Violation of this division is falsification11082
under section 2921.13 of the Revised Code and punishable as11083
specified in that section.11084

       (I)(1) Where applicable, the requirements of division (B) of11085
this section relating to the presentation of an inspection11086
certificate issued under section 3704.14 of the Revised Code and11087
rules adopted under it for a motor vehicle, the refusal of a11088
license for failure to present an inspection certificate, and the11089
stamping of the inspection certificate by the official issuing the11090
certificate of registration apply to the registration of and11091
issuance of license plates for a motor vehicle under sections11092
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,11093
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,11094
4503.47, and 4503.51 of the Revised Code.11095

       (2)(a) The registrar shall adopt rules ensuring that each11096
owner registering a motor vehicle in a county where a motor11097
vehicle inspection and maintenance program is in effect under11098
section 3704.14 of the Revised Code and rules adopted under it11099
receives information about the requirements established in that11100
section and those rules and about the need in those counties to11101
present an inspection certificate with an application for11102
registration or preregistration.11103

       (b) Upon request, the registrar shall provide the director11104
of environmental protection, or any person that has been awarded a11105
contract under division (D) of section 3704.14 of the Revised11106
Code, an on-line computer data link to registration information11107
for all passenger cars, noncommercial motor vehicles, and11108
commercial cars that are subject to that section. The registrar11109
also shall provide to the director of environmental protection a11110
magnetic data tape containing registration information regarding11111
passenger cars, noncommercial motor vehicles, and commercial cars11112
for which a multi-year registration is in effect under section11113
4503.103 of the Revised Code or rules adopted under it, including,11114
without limitation, the date of issuance of the multi-year11115
registration, the registration deadline established under rules11116
adopted under section 4503.101 of the Revised Code that was11117
applicable in the year in which the multi-year registration was11118
issued, and the registration deadline for renewal of the11119
multi-year registration.11120

       (J) Application for registration under the international11121
registration plan, as set forth in sections 4503.60 to 4503.66 of11122
the Revised Code, shall be made to the registrar on forms11123
furnished by the registrar. In accordance with international11124
registration plan guidelines and pursuant to rules adopted by the11125
registrar, the forms shall include the following:11126

       (1) A uniform mileage schedule;11127

       (2) The gross vehicle weight of the vehicle or combined11128
gross vehicle weight of the combination vehicle as declared by the11129
registrant;11130

       (3) Any other information the registrar requires by rule.11131

       Sec. 4503.102.  (A) The registrar of motor vehicles shall11132
adopt rules to establish a centralized system of motor vehicle11133
registration renewal by mail or by electronic means. Any person11134
owning a motor vehicle that was registered in the person's name11135
during the preceding registration year shall renew the11136
registration of the motor vehicle not more than ninety days prior11137
to the expiration date of the registration either by mail or by11138
electronic means through the centralized system of registration11139
established under this section, or in person at any office of the11140
registrar or at a deputy registrar's office.11141

       (B)(1) No less than forty-five days prior to the expiration11142
date of any motor vehicle registration, the registrar shall mail a11143
renewal notice to the person in whose name the motor vehicle is11144
registered. The renewal notice shall clearly state that the11145
registration of the motor vehicle may be renewed by mail or11146
electronic means through the centralized system of registration or11147
in person at any office of the registrar or at a deputy11148
registrar's office and shall be preprinted with information11149
including, but not limited to, the owner's name and residence11150
address as shown in the records of the bureau of motor vehicles, a11151
brief description of the motor vehicle to be registered, notice of11152
the license taxes and fees due on the motor vehicle, the toll-free11153
telephone number of the registrar as required under division11154
(D)(1) of section 4503.031 of the Revised Code, and any additional11155
information the registrar may require by rule. The renewal notice11156
shall be sent by regular mail to the owner's last known address as11157
shown in the records of the bureau of motor vehicles.11158

       (2) If the application for renewal of the registration of a11159
motor vehicle is prohibited from being accepted by the registrar11160
or a deputy registrar by division (D) of section 2935.27, division11161
(A) of section 2937.221, division (A) of section 4503.13, division11162
(B) of section 4507.1684510.22, or division (B)(1) of section11163
4521.10 of the Revised Code, the registrar is not required to send11164
a renewal notice to the vehicle owner or vehicle lessee.11165

       (C) The owner of the motor vehicle shall verify the11166
information contained in the notice, sign it either manually or by11167
electronic means, and return it, either by mail or electronic11168
means, or the owner may take it in person to any office of the11169
registrar or of a deputy registrar, together with a financial11170
transaction device number, when permitted by rule of the11171
registrar, check, or money order in the amount of the registration11172
taxes and fees payable on the motor vehicle and a mail fee of two11173
dollars and seventy-five cents commencing on July 1, 2001, three11174
dollars and twenty-five cents commencing on January 1, 2003, and11175
three dollars and fifty cents commencing on January 1, 2004, plus11176
postage as indicated on the notice, if the registration is renewed11177
by mail, and an inspection certificate for the motor vehicle as11178
provided in section 3704.14 of the Revised Code. If the motor11179
vehicle owner chooses to renew the motor vehicle registration by11180
electronic means, the owner shall proceed in accordance with the11181
rules the registrar adopts.11182

       (D) If all registration and transfer fees for the motor11183
vehicle for the preceding year or the preceding period of the11184
current registration year have not been paid, if division (D) of11185
section 2935.27, division (A) of section 2937.221, division (A) of11186
section 4503.13, division (B) of section 4507.1684510.22, or11187
division (B)(1) of section 4521.10 of the Revised Code prohibits11188
acceptance of the renewal notice, or if the owner or lessee does11189
not have an inspection certificate for the motor vehicle as11190
provided in section 3704.14 of the Revised Code, if that section11191
is applicable, the license shall be refused, and the registrar or11192
deputy registrar shall so notify the owner. This section does not11193
require the payment of license or registration taxes on a motor11194
vehicle for any preceding year, or for any preceding period of a11195
year, if the motor vehicle was not taxable for that preceding year11196
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or11197
4503.16 or Chapter 4504. of the Revised Code.11198

       (E)(1) Failure to receive a renewal notice does not relieve11199
a motor vehicle owner from the responsibility to renew the11200
registration for the motor vehicle. Any person who has a motor11201
vehicle registered in this state and who does not receive a11202
renewal notice as provided in division (B) of this section prior11203
to the expiration date of the registration shall request an11204
application for registration from the registrar or a deputy11205
registrar and sign the application manually or by electronic means11206
and submit the application and pay any applicable license taxes11207
and fees to the registrar or deputy registrar.11208

       (2) If the owner of a motor vehicle submits an application11209
for registration and the registrar is prohibited by division (D)11210
of section 2935.27, division (A) of section 2937.221, division (A)11211
of section 4503.13, division (B) of section 4507.1684510.22, or11212
division (B)(1) of section 4521.10 of the Revised Code from11213
accepting the application, the registrar shall return the11214
application and the payment to the owner. If the owner of a motor11215
vehicle submits a registration renewal application to the11216
registrar by electronic means and the registrar is prohibited from11217
accepting the application as provided in this division, the11218
registrar shall notify the owner of this fact and deny the11219
application and return the payment or give a credit on the11220
financial transaction device account of the owner in the manner11221
the registrar prescribes by rule adopted pursuant to division (A)11222
of this section.11223

       (F) Every deputy registrar shall post in a prominent place11224
at the deputy's office a notice informing the public of the mail11225
registration system required by this section and also shall post a11226
notice that every owner of a motor vehicle and every chauffeur11227
holding a certificate of registration is required to notify the11228
registrar in writing of any change of residence within ten days11229
after the change occurs. The notice shall be in such form as the11230
registrar prescribes by rule.11231

       (G) The two dollars and seventy-five cents fee collected11232
from July 1, 2001, through December 31, 2002, the three dollars11233
and twenty-five cents fee collected from January 1, 2003, through11234
December 31, 2003, and the three dollars and fifty cents fee11235
collected after January 1, 2004, plus postage and any financial11236
transaction device surcharge collected by the registrar for11237
registration by mail, shall be paid to the credit of the state11238
bureau of motor vehicles fund established by section 4501.25 of11239
the Revised Code.11240

       (H) Pursuant to section 113.40 of the Revised Code, the11241
registrar may implement a program permitting payment of motor11242
vehicle registration taxes and fees, driver's license and11243
commercial driver's license fees, and any other taxes, fees,11244
penalties, or charges imposed or levied by the state by means of a11245
financial transaction device. The registrar may adopt rules as11246
necessary for this purpose.11247

       (I) For persons who reside in counties where tailpipe11248
emissions inspections are required under the motor vehicle11249
inspection and maintenance program, the notice required by11250
division (B) of this section shall also include the toll-free11251
telephone number maintained by the Ohio environmental protection11252
agency to provide information concerning the locations of11253
emissions testing centers.11254

       Sec. 4503.11.  (A) Except as provided by sections 4503.103,11255
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no11256
person who is the owner or chauffeur of a motor vehicle operated11257
or driven upon the public roads or highways shall fail to file11258
annually the application for registration or to pay the tax11259
therefor.11260

       (B) Except as provided by sections 4503.12 and 4503.16 of11261
the Revised Code, the taxes payable on all applications made under11262
sections 4503.10 and 4503.102 of the Revised Code shall be the sum11263
of the tax due under division (B)(1)(a) or (b) of this section11264
plus the tax due under division (B)(2)(a) or (b) of this section:11265

       (1)(a) If the application is made before the second month of11266
the current registration period to which the motor vehicle is11267
assigned as provided in section 4503.101 of the Revised Code, the11268
tax due is the full amount of the tax provided in section 4503.0411269
of the Revised Code;11270

       (b) If the application is made during or after the second11271
month of the current registration period to which the motor11272
vehicle is assigned as provided in section 4503.101 of the Revised11273
Code, and prior to the beginning of the next such registration11274
period, the amount of the tax provided in section 4503.04 of the11275
Revised Code shall be reduced by one-twelfth of the amount of such11276
tax, rounded upward to the nearest cent, multiplied by the number11277
of full months that have elapsed in the current registration11278
period. The resulting amount shall be rounded upward to the next11279
highest dollar and shall be the amount of tax due.11280

       (2)(a) If the application is made before the sixth month of11281
the current registration period to which the motor vehicle is11282
assigned as provided in section 4503.101 of the Revised Code, the11283
amount of tax due is the full amount of local motor vehicle11284
license taxes levied under Chapter 4504. of the Revised Code;11285

       (b) If the application is made during or after the sixth11286
month of the current registration period to which the motor11287
vehicle is assigned as provided in section 4503.101 of the Revised11288
Code and prior to the beginning of the next such registration11289
period, the amount of tax due is one-half of the amount of local11290
motor vehicle license taxes levied under Chapter 4504. of the11291
Revised Code.11292

       (C)Whoever violates this section is guilty of a misdemeanor11293
of the fourth degree.11294

       Sec. 4503.12. (A) Upon the transfer of ownership of a motor11295
vehicle, the registration of the motor vehicle expires, and the11296
original owner immediately shall remove the license plates from11297
the motor vehicle, except that:11298

       (A)(1) If a statutory merger or consolidation results in the11299
transfer of ownership of a motor vehicle from a constituent11300
corporation to the surviving corporation, or if the incorporation11301
of a proprietorship or partnership results in the transfer of11302
ownership of a motor vehicle from the proprietorship or11303
partnership to the corporation, the registration shall be11304
continued upon the filing by the surviving or new corporation,11305
within thirty days of such transfer, of an application for an11306
amended certificate of registration, unless such registration is11307
prohibited by division (D) of section 2935.27, division (A) of11308
section 2937.221, division (B) of section 4507.168, or division11309
(B)(1) of section 4521.10 of the Revised Code. The application11310
shall be accompanied by a service fee of two dollars and 11311
seventy-five cents commencing on July 1, 2001, three dollars and11312
twenty-five cents commencing on January 1, 2003, and three dollars11313
and fifty cents commencing on January 1, 2004, a transfer fee of11314
one dollar, and the original certificate of registration. Upon a11315
proper filing, the registrar of motor vehicles shall issue an11316
amended certificate of registration in the name of the new owner.11317

       (B)(2) If the death of the owner of a motor vehicle results11318
in the transfer of ownership of the motor vehicle to the surviving11319
spouse of the owner or if a motor vehicle is owned by two persons11320
under joint ownership with right of survivorship established under11321
section 2131.12 of the Revised Code and one of those persons11322
dies, the registration shall be continued upon the filing by the 11323
survivor of an application for an amended certificate of11324
registration, unless such registration is prohibited by division11325
(D) of section 2935.27, division (A) of section 2937.221, division11326
(A) of section 4503.13, division (B) of section 4507.1684510.22,11327
or division (B)(1) of section 4521.10 of the Revised Code. The11328
application shall be accompanied by a service fee of two dollars11329
and seventy-five cents commencing on July 1, 2001, three dollars11330
and twenty-five cents commencing on January 1, 2003, and three11331
dollars and fifty cents commencing on January 1, 2004, a transfer11332
fee of one dollar, the original certificate of registration, and,11333
in relation to a motor vehicle that is owned by two persons under11334
joint ownership with right of survivorship established under11335
section 2131.12 of the Revised Code, by a copy of the certificate11336
of title that specifies that the vehicle is owned under joint11337
ownership with right of survivorship. Upon a proper filing, the11338
registrar shall issue an amended certificate of registration in11339
the name of the survivor.11340

       (C)(3) If the death of the owner of a motor vehicle results11341
in the transfer of ownership of the motor vehicle to a11342
transfer-on-death beneficiary or beneficiaries designated under11343
section 2131.13 of the Revised Code, the registration shall be11344
continued upon the filing by the transfer-on-death beneficiary or11345
beneficiaries of an application for an amended certificate of11346
registration, unless that registration is prohibited by division11347
(D) of section 2935.27, division (A) of section 2937.221, division11348
(A) of section 4503.13, division (B) of section 4507.1684510.22,11349
or division (B)(1) of section 4521.10 of the Revised Code. The11350
application shall be accompanied by a service fee of two dollars11351
and seventy-five cents commencing on July 1, 2001, three dollars11352
and twenty-five cents commencing on January 1, 2003, and three11353
dollars and fifty cents commencing on January 1, 2004, a transfer11354
fee of one dollar, the original certificate of registration, and a11355
copy of the certificate of title that specifies that the owner of11356
the motor vehicle has designated the motor vehicle in beneficiary11357
form under section 2131.13 of the Revised Code. Upon a proper11358
filing, the registrar shall issue an amended certificate of11359
registration in the name of the transfer-on-death beneficiary or11360
beneficiaries.11361

       (D)(4) If the original owner of a motor vehicle that has11362
been transferred makes application for the registration of another11363
motor vehicle at any time during the remainder of the registration11364
period for which the transferred motor vehicle was registered, the11365
owner, unless such registration is prohibited by division (D) of11366
section 2935.27, division (A) of section 2937.221, division (A) of11367
section 4503.13, division (E) of section 4503.234, division (B) of11368
section 4507.1684510.22, or division (B)(1) of section 4521.10 of11369
the Revised Code, may file an application for transfer of the11370
registration and, where applicable, the license plates,11371
accompanied by a service fee of two dollars and seventy-five11372
cents commencing on July 1, 2001, three dollars and twenty-five11373
cents commencing on January 1, 2003, and three dollars and fifty11374
cents commencing on January 1, 2004, a transfer fee of one dollar,11375
and the original certificate of registration. The transfer of the11376
registration and, where applicable, the license plates from the11377
motor vehicle for which they originally were issued to a11378
succeeding motor vehicle purchased by the same person in whose11379
name the original registration and license plates were issued11380
shall be done within a period not to exceed thirty days. During11381
that thirty-day period, the license plates from the motor vehicle11382
for which they originally were issued may be displayed on the11383
succeeding motor vehicle, and the succeeding motor vehicle may be11384
operated on the public roads and highways in this state.11385

       At the time of application for transfer, the registrar shall11386
compute and collect the amount of tax due on the succeeding motor11387
vehicle, based upon the amount that would be due on a new11388
registration as of the date on which the transfer is made less a11389
credit for the unused portion of the original registration11390
beginning on that date. If the credit exceeds the amount of tax11391
due on the new registration, no refund shall be made. In11392
computing the amount of tax due and credits to be allowed under11393
this division, the provisions of division (B)(1)(a) and (b) of11394
section 4503.11 of the Revised Code shall apply. As to passenger11395
cars, noncommercial vehicles, motor homes, and motorcycles,11396
transfers within or between these classes of motor vehicles only11397
shall be allowed. If the succeeding motor vehicle is of a11398
different class than the motor vehicle for which the registration11399
originally was issued, new license plates also shall be issued11400
upon the surrender of the license plates originally issued and11401
payment of the fees provided in divisions (C) and (D) of section11402
4503.10 of the Revised Code.11403

       (E)(5) The owner of a commercial car having a gross vehicle11404
weight or combined gross vehicle weight of more than ten thousand11405
pounds may transfer the registration of that commercial car to11406
another commercial car the owner owns without transferring11407
ownership of the first commercial car, unless registration of the11408
second commercial car is prohibited by division (D) of section11409
2935.27, division (A) of section 2937.221, division (A) of section11410
4503.13, division (B) of section 4507.168, or division (B)(1) of11411
section 4521.10 of the Revised Code. At any time during the11412
remainder of the registration period for which the first11413
commercial car was registered, the owner may file an application11414
for the transfer of the registration and, where applicable, the11415
license plates, accompanied by a service fee of two dollars and 11416
seventy-five cents commencing on July 1, 2001, three dollars and11417
twenty-five cents commencing on January 1, 2003, and three dollars11418
and fifty cents commencing on January 1, 2004, a transfer fee of11419
one dollar, and the certificate of registration of the first11420
commercial car. The amount of any tax due or credit to be allowed11421
for a transfer of registration under this division shall be11422
computed in accordance with division (D)(A)(4) of this section.11423

       No commercial car to which a registration is transferred11424
under this division shall be operated on a public road or highway11425
in this state until after the transfer of registration is11426
completed in accordance with this division.11427

       (F)(6) Upon application to the registrar or a deputy11428
registrar, a person who owns or leases a motor vehicle may11429
transfer special license plates assigned to that vehicle to any11430
other vehicle that the person owns or leases or that is owned or11431
leased by the person's spouse. The application shall be11432
accompanied by a service fee of two dollars and seventy-five11433
cents commencing on July 1, 2001, three dollars and twenty-five11434
cents commencing on January 1, 2003, and three dollars and fifty11435
cents commencing on January 1, 2004, a transfer fee of one dollar,11436
and the original certificate of registration. As appropriate, the11437
application also shall be accompanied by a power of attorney for11438
the registration of a leased vehicle and a written statement11439
releasing the special plates to the applicant. Upon a proper11440
filing, the registrar or deputy registrar shall assign the special11441
license plates to the motor vehicle owned or leased by the11442
applicant and issue a new certificate of registration for that11443
motor vehicle.11444

       (B) Whoever violates this section is guilty of a misdemeanor11445
of the fourth degree.11446

       (C) As used in division (F)(A)(6) of this section, "special11447
license plates" means either of the following:11448

       (1) Any license plates for which the person to whom the11449
license plates are issued must pay an additional fee in excess of11450
the fees prescribed in section 4503.04 of the Revised Code,11451
Chapter 4504. of the Revised Code, and the service fee prescribed11452
in division (D) or (G) of section 4503.10 of the Revised Code;11453

       (2) License plates issued under section 4503.44 of the11454
Revised Code.11455

       Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon11456
application and proof of purchase of the vehicle, may be issued a11457
temporary license placard or windshield sticker for the motor11458
vehicle.11459

       The purchaser of a vehicle applying for a temporary license11460
placard or windshield sticker under this section shall execute an11461
affidavit stating that the purchaser has not been issued11462
previously during the current registration year a license plate11463
that could legally be transferred to the vehicle.11464

       Placards or windshield stickers shall be issued only for the11465
applicant's use of the vehicle to enable the applicant to legally11466
operate the motor vehicle while proper title, license plates, and11467
a certificate of registration are being obtained, and shall be11468
displayed on no other motor vehicle.11469

       Placards or windshield stickers issued under this section are11470
valid for a period of thirty days from date of issuance and are11471
not transferable or renewable.11472

       The fee for the placards or windshield stickers is two11473
dollars plus a deputy registrar service fee of two dollars and 11474
seventy-five cents commencing on July 1, 2001, three dollars and11475
twenty-five cents commencing on January 1, 2003, and three dollars11476
and fifty cents commencing on January 1, 2004, for each placard11477
issued by a deputy registrar.11478

       (B) The registrar of motor vehicles may issue to a motorized11479
bicycle dealer or a licensed motor vehicle dealer temporary11480
license placards to be issued to purchasers for use on vehicles11481
sold by the dealer, in accordance with rules prescribed by the11482
registrar. The dealer shall notify the registrar, within11483
forty-eight hours, of the issuance of a placard by electronic11484
means via computer equipment purchased and maintained by the11485
dealer or in any other manner prescribed by the registrar.11486

       The fee for each placard issued by the registrar to a11487
licensed motor vehicle dealer is two dollars plus a fee of two11488
dollars and seventy-five cents commencing on July 1, 2001, three11489
dollars and twenty-five cents commencing on January 1, 2003, and11490
three dollars and fifty cents commencing on January 1, 2004.11491

       (C) The registrar of motor vehicles, at the registrar's11492
discretion, may issue a temporary license placard. Such a placard11493
may be issued in the case of extreme hardship encountered by a11494
citizen from this state or another state who has attempted to11495
comply with all registration laws, but for extreme circumstances11496
is unable to properly register the citizen's vehicle.11497

       (D) The registrar shall adopt rules, in accordance with11498
division (B) of section 111.15 of the Revised Code, to specify the11499
procedures for reporting the information from applications for11500
temporary license placards and windshield stickers and for11501
providing the information from these applications to law11502
enforcement agencies.11503

       (E) Temporary license placards issued under this section11504
shall bear a distinctive combination of seven letters, numerals,11505
or letters and numerals, and shall incorporate a security feature11506
that, to the greatest degree possible, prevents tampering with any11507
of the information that is entered upon a placard when it is11508
issued.11509

       (F) Whoever violates division (A) of this section is guilty11510
of a misdemeanor of the fourth degree. Whoever violates division11511
(B) of this section is guilty of a misdemeanor of the first11512
degree.11513

       (G) As used in this section, "motorized bicycle dealer" means11514
any person engaged in the business of selling at retail,11515
displaying, offering for sale, or dealing in motorized bicycles11516
who is not subject to section 4503.09 of the Revised Code.11517

       Sec. 4503.19. (A) Upon the filing of an application for11518
registration and the payment of the tax for registration, the11519
registrar of motor vehicles or a deputy registrar shall determine11520
whether the owner previously has been issued license plates for11521
the motor vehicle described in the application. If no license11522
plates previously have been issued to the owner for that motor11523
vehicle, the registrar or deputy registrar shall assign to the11524
motor vehicle a distinctive number and issue and deliver to the11525
owner in the manner that the registrar may select a certificate of11526
registration, in the form that the registrar shall prescribe, and,11527
except as otherwise provided in this section, two license plates,11528
duplicates of each other, and a validation sticker, or a11529
validation sticker alone, to be attached to the number plates as11530
provided in section 4503.191 of the Revised Code. The registrar11531
or deputy registrar also shall charge the owner any fees required11532
under division (C) of section 4503.10 of the Revised Code.11533
Trailers, manufactured homes, mobile homes, semitrailers, the11534
manufacturer thereof, the dealer, or in transit companies therein,11535
shall be issued one license plate only and one validation sticker,11536
or a validation sticker alone, and the license plate and11537
validation sticker shall be displayed only on the rear of such11538
vehicles. A commercial tractor that does not receive an11539
apportioned license plate under the international registration11540
plan shall be issued two license plates and one validation11541
sticker, and the validation sticker shall be displayed on the11542
front of the commercial tractor. An apportioned vehicle receiving11543
an apportioned license plate under the international registration11544
plan shall be issued one license plate only and one validation11545
sticker, or a validation sticker alone; the license plate shall be11546
displayed only on the front of a semitractor and on the rear of11547
all other vehicles. School buses shall not be issued license11548
plates but shall bear identifying numbers in the manner prescribed11549
by section 4511.764 of the Revised Code. The certificate of11550
registration and license plates and validation stickers, or11551
validation stickers alone, shall be issued and delivered to the11552
owner in person or by mail. Chauffeured limousines shall be11553
issued license plates, a validation sticker, and a livery sticker11554
as provided in section 4503.24 of the Revised Code. In the event11555
of the loss, mutilation, or destruction of any certificate of11556
registration, or of any license plates or validation stickers, or11557
if the owner chooses to replace license plates previously issued11558
for a motor vehicle, or if the registration certificate and11559
license plates have been impounded as provided by division11560
(F)(B)(1) of section 4507.02 and division (A)(4) of section11561
4507.16 of the Revised Code, the owner of a motor vehicle, or11562
manufacturer or dealer, may obtain from the registrar, or from a11563
deputy registrar if authorized by the registrar, a duplicate11564
thereof or new license plates bearing a different number, if the11565
registrar considers it advisable, upon filing an application11566
prescribed by the registrar, and upon paying a fee of one dollar11567
for such certificate of registration, a fee of two dollars for11568
each set of two license plates, or one dollar for each single11569
license plate or validation sticker. In addition, each applicant11570
for a replacement certificate of registration, license plate, or11571
validation sticker shall pay the fees provided in divisions (C)11572
and (D) of section 4503.10 of the Revised Code.11573

       Additionally, the registrar and each deputy registrar who11574
either issues license plates and a validation sticker for use on11575
any vehicle other than a commercial tractor, semitrailer, or11576
apportioned vehicle, or who issues a validation sticker alone for11577
use on such a vehicle and the owner has changed the owner's county11578
of residence since the owner last was issued county identification11579
stickers, also shall issue and deliver to the owner either one or11580
two county identification stickers, as appropriate, which shall be11581
attached to the license plates in a manner prescribed by the11582
director of public safety. The county identification stickers11583
shall identify prominently by name or number the county in which11584
the owner of the vehicle resides at the time of registration.11585

       (B)Whoever violates this section is guilty of a minor11586
misdemeanor.11587

       Sec. 4503.21. (A) No person who is the owner or operator of11588
a motor vehicle shall fail to display in plain view on the front11589
and rear of the motor vehicle the distinctive number and11590
registration mark, including any county identification sticker and11591
any validation sticker issued under sections 4503.19 and 4503.19111592
of the Revised Code, furnished by the director of public safety,11593
except that a manufacturer of motor vehicles or dealer therein,11594
the holder of an in transit permit, and the owner or operator of a11595
motorcycle, motorized bicycle, manufactured home, mobile home,11596
trailer, or semitrailer shall display on the rear only. A motor11597
vehicle that is issued two license plates shall display the11598
validation sticker only on the rear license plate, except that a11599
commercial tractor that does not receive an apportioned license11600
plate under the international registration plan shall display the11601
validation sticker on the front of the commercial tractor. An11602
apportioned vehicle receiving an apportioned license plate under11603
the international registration plan shall display the license11604
plate only on the front of a commercial tractor and on the rear of11605
all other vehicles. All license plates shall be securely fastened11606
so as not to swing, and shall not be covered by any material that11607
obstructs their visibility.11608

       No person to whom a temporary license placard or windshield11609
sticker has been issued for the use of a motor vehicle under11610
section 4503.182 of the Revised Code, and no operator of that11611
motor vehicle, shall fail to display the temporary license placard11612
in plain view from the rear of the vehicle either in the rear11613
window or on an external rear surface of the motor vehicle, or11614
fail to display the windshield sticker in plain view on the rear11615
window of the motor vehicle. No temporary license placard or11616
windshield sticker shall be covered by any material that obstructs11617
its visibility.11618

       (B)Whoever violates this section is guilty of a minor11619
misdemeanor.11620

       Sec. 4503.231. (A) No motor vehicle registered in the name11621
of a person whose certificate of registration and identification11622
license plates have been impounded as provided by division11623
(F)(B)(1) of section 4507.02 of the Revised Code, shall be11624
operated or driven on any highway in this state unless it displays11625
identificationrestricted license plates whichthat are a11626
different color from those regularly issued and carry a special11627
serial number that may be readily identified by law enforcement11628
officers. The registrar of motor vehicles shall designate the11629
color and serial number to be used on suchrestricted license11630
plates, which shall remain the same from year to year and shall11631
not be displayed on any other motor vehicles.11632

       The bureau of motor vehicles shall adopt rules providing for11633
the decentralization of the issuance of identificationrestricted11634
license plates under this section. The rules shall provide for11635
the issuance of the identificationrestricted license plates by at11636
least one agency in each county.11637

       No person operating a motor vehicle displaying restricted11638
license plates as described in this division shall knowingly11639
disguise or obscure the color of the restricted plate.11640

       (B) If a person has been granted limited driving privileges11641
with a condition of the privileges being that the person must11642
display on the vehicle that is driven under the privileges11643
restricted license plates that are described in this section, all11644
of the following apply:11645

       (1) If a motor vehicle to be driven under the limited11646
driving privileges is owned by the person's employer and if the11647
person is required to operate that motor vehicle in the course and11648
scope of the person's employment, the person may operate that11649
vehicle without displaying on that vehicle restricted license11650
plates that are issued under this section if the employer has been11651
notified that the person has limited drivingprivileges and of the11652
nature of the restriction and if the person has proof of the11653
employer's notification in the person's possession while operating11654
the employer's vehicle for normal business duties. A motor11655
vehicle owned by a business that is partly or entirely owned or11656
controlled by the person with the limited driving privileges is11657
not a motor vehicle owned by an employer, for purposes of this11658
division.11659

       (2) If a motor vehicle to be driven under the limited11660
driving privileges is registered in a state other than this state,11661
instead of displaying on that vehicle restricted license plates11662
that are issued under this section, the person with the limited11663
driving privileges shall display on the vehicle a decal, as11664
prescribed by the registrar of motor vehicles, that states that11665
the vehicle is subject to limited driving privileges in this state11666
and that describes the restriction. The decal shall be displayed11667
on the bottom left cornerof the back window of the vehicle or, if11668
there is no back window, on the bottom left corner of the11669
windshield of the vehicle. The bureau of motor vehicles shall11670
adopt rules providing for the decentralization of the issuance of11671
the decals described in this division, with the rules providing11672
for the issuance of the decals by at least one agency in each11673
county.11674

       (C) Whoever violates this section is guilty of a minor11675
misdemeanor.11676

       Sec. 4503.233.  (A)(1) As used in this section, "vehicle11677
owner" means either of the following:11678

       (a) The person in whose name is registered, at the time of11679
the offense, a vehicle that is subject to an immobilization order11680
issued under division (A)(2) of this section;11681

       (b) A person to whom, at the time of the offense, the11682
certificate of title to a vehicle has been assigned and who has11683
not obtained a certificate of title to the vehicle in that11684
person's name but who is deemed by the court as being the owner of11685
the vehicle at the time of the offense for which the vehicle is11686
subject to an immobilization order issued under division (A)(2) of11687
this section.11688

       (2) If a court is required to order the immobilization of a11689
vehicle for a specified period of time pursuant to division (B)(1)11690
or (2), (C)(1) or (2), or (E)(1) of section 4507.99, pursuant to11691
division (A)(2)(b),, (6)(b), or (7)(b) of section 4511.99,11692
pursuant to division (B)(1) or (2) or (C)(1) or (2) of section11693
4507.361, or pursuant to division (B)(2)(i) or (ii) of section11694
4510.11,4510.14,4510.16,4510.41,4511.19, 4511.193,or4511.20311695
of the Revised Code, the court shall issue an immobilization11696
order, subject to section 4503.235 of the Revised Code, in11697
accordance with this division and for the period of time specified11698
in the particular divisionsection, and the immobilization under11699
the order shall be in accordance with this section. The court, at11700
the time of sentencing the offender for the offense relative to11701
which the immobilization order is issued or as soon thereafter as11702
is practicable, shall give a copy of the order to the offender or11703
the offender's counsel and to the vehicle owner or the vehicle11704
owner's counsel. The court promptly shall send a copy of the11705
order to the registrar on a form prescribed by the registrar and11706
to the person or agency it designates to execute the order.11707

       The order shall indicate the date on which it is issued,11708
shall identify the vehicle that is subject to the order, and shall11709
specify all of the following:11710

       (a) The period of the immobilization;11711

       (b) The place at which the court determines that the11712
immobilization shall be carried out, provided that the court shall11713
not determine and shall not specify that the immobilization is to11714
be carried out at any place other than a commercially operated11715
private storage lot, a place owned by a law enforcement or other11716
government agency, or a place to which one of the following11717
applies:11718

       (i) The place is leased by or otherwise under the control of11719
a law enforcement or other government agency.11720

       (ii) The place is owned by the offender, the offender's11721
spouse, or a parent or child of the offender.11722

       (iii) The place is owned by a private person or entity, and,11723
prior to the issuance of the order, the private entity or person11724
that owns the place, or the authorized agent of that private11725
entity or person, has given express written consent for the11726
immobilization to be carried out at that place.11727

       (iv) The place is a public street or highway on which the11728
vehicle is parked in accordance with the law.11729

       (c) The person or agency designated by the court to execute11730
the order, which shall be either the law enforcement agency that11731
employs the law enforcement officer who seized the vehicle, a11732
bailiff of the court, another person the court determines to be11733
appropriate to execute the order, or the law enforcement agency11734
with jurisdiction over the place of residence of the vehicle11735
owner;11736

       (d) That neither the registrar nor a deputy registrar will11737
be permitted to accept an application for the license plate11738
registration of any motor vehicle in the name of the vehicle owner11739
until the immobilization fee is paid.11740

       (3)(2) The person or agency the court designates to11741
immobilize the vehicle shall seize or retain that vehicle's11742
license plates and forward them to the bureau of motor vehicles.11743

       (4)(3) In all cases, the vehicle owneroffender shall be11744
assessed an immobilization fee of one hundred dollars, and the11745
immobilization fee shall be paid to the registrar before the11746
vehicle may be released to the vehicle owneroffender Neither the11747
registrar nor a deputy registrar shall accept an application for11748
the registration of any motor vehicle in the name of the vehicle11749
owneroffender until the immobilization fee is paid.11750

       (5)(4) If the vehicle subject to the order is immobilized11751
pursuant to the order and is found being operated upon any street11752
or highway in this state during the immobilization period, it11753
shall be seized, removed from the street or highway, and11754
criminally forfeited and disposed of pursuant to section 4503.23411755
of the Revised Code.11756

       (6)(5) The registrar shall deposit the immobilization fee11757
into the law enforcement reimbursement fund created by section11758
4501.19 of the Revised Code. Money in the fund shall be expended11759
only as provided in division (A)(6)(5) of this section. If the11760
court designated in the order a court bailiff or another11761
appropriate person other than a law enforcement officer to11762
immobilize the vehicle, the amount of the fee deposited into the11763
law enforcement reimbursement fund shall be paid out to the county11764
treasury if the court that issued the order is a county court, to11765
the treasury of the municipal corporation served by the court if11766
the court that issued the order is a mayor's court, or to the city11767
treasury of the legislative authority of the court, both as11768
defined in section 1901.03 of the Revised Code, if the court that11769
issued the order is a municipal court. If the court designated a11770
law enforcement agency to immobilize the vehicle and if the law11771
enforcement agency immobilizes the vehicle, the amount of the fee11772
deposited into the law enforcement reimbursement fund shall be11773
paid out to the law enforcement agency to reimburse the agency for11774
the costs it incurs in obtaining immobilization equipment and, if11775
required, in sending an officer or other person to search for and11776
locate the vehicle specified in the immobilization order and to11777
immobilize the vehicle.11778

       In addition to the immobilization fee required to be paid11779
under division (A)(4)(3) of this section, the vehicle owner11780
offender may be charged expenses or charges incurred in the11781
removal and storage of the immobilized vehicle.11782

       (B) If a court issues an immobilization order under division11783
(A)(2)(1) of this section, the person or agency designated by the11784
court to execute the immobilization order promptly shall11785
immobilize or continue the immobilization of the vehicle at the11786
place specified by the court in the order. The registrar shall11787
not authorize the release of the vehicle or authorize the issuance11788
of new identification license plates for the vehicle at the end of11789
the immobilization period until the immobilization fee has been11790
paid.11791

       (C) Upon receipt of the license plates for a vehicle under11792
this section, the registrar shall destroy the license plates. At11793
the end of the immobilization period and upon the payment of the11794
immobilization fee that must be paid under this section, the11795
registrar shall authorize the release of the vehicle and authorize11796
the issuance, upon the payment of the same fee as is required for11797
the replacement of lost, mutilated, or destroyed license plates11798
and certificates of registration, of new license plates and, if11799
necessary, a new certificate of registration to the vehicle owner11800
offender for the vehicle in question.11801

       (D)(1) If a court issues an immobilization order under11802
division (A) of this section, the immobilization period commences11803
on the day on which the vehicle in question is immobilized. If11804
the vehicle in question had been seized under section 4507.3811805
4510.41 or 4511.195 of the Revised Code, the time between the11806
seizure and the beginning of the immobilization period shall be11807
credited against the immobilization period specified in the11808
immobilization order issued under division (A) of this section. No11809
vehicle that is impoundedimmobilized under this section is11810
eligible to have specialrestricted license plates of the type11811
described inunder section 4503.231 of the Revised Code issued for11812
that vehicle.11813

       (2) If a court issues an immobilization order under division11814
(A) of this section, if the vehicle subject to the order is11815
immobilized under the order, and if the vehicle is found being11816
operated upon any street or highway of this state during the11817
immobilization period, it shall be seized, removed from the street11818
or highway, and criminally forfeited, and disposed of pursuant to11819
section 4503.234 of the Revised Code. No vehicle that is11820
forfeited under this provision shall be considered contraband for11821
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised11822
Code, but shall be held by the law enforcement agency that employs11823
the officer who seized it for disposal in accordance with section11824
4503.234 of the Revised Code.11825

       (3) If a court issues an immobilization order under division11826
(A) of this section, and if the vehicle is not claimed within11827
seven days after the end of the period of immobilization or if the11828
vehicle owneroffender has not paid the immobilization fee, the11829
person or agency that immobilized the vehicle shall send a written11830
notice to the vehicle owneroffender at the vehicle owner's11831
offender's last known address informing the vehicle owneroffender11832
of the date on which the period of immobilization ended, that the11833
vehicle owneroffender has twenty days after the date of the11834
notice to pay the immobilization fee and obtain the release of the11835
vehicle, and that if the vehicle owneroffender does not pay the11836
fee and obtain the release of the vehicle within that twenty-day11837
period, the vehicle will be forfeited under section 4503.234 of11838
the Revised Code to the entity that is entitled to the11839
immobilization fee.11840

       (4) An owner of aoffender whose motor vehicle that is11841
subject to an immobilization order issued under division (A) of11842
this section shall not sell the motor vehicle without approval of11843
the court that issued the order. If such an owneroffender wishes11844
to sell the motor vehicle during the immobilization period, the11845
owneroffender shall apply to the court that issued the11846
immobilization order for permission to assign the title to the11847
vehicle. If the court is satisfied that the sale will be in good11848
faith and not for the purpose of circumventing the provisions of11849
division (A)(2)(1) of this section, it may certify its consent to11850
the owneroffender and to the registrar. Upon receipt of the11851
court's consent, the registrar shall enter the court's notice in11852
the owner'soffender's vehicle license plate registration record.11853

       If, during a period of immobilization under an immobilization11854
order issued under division (A) of this section, the title to the11855
immobilized motor vehicle is transferred by the foreclosure of a11856
chattel mortgage, a sale upon execution, the cancellation of a11857
conditional sales contract, or an order of a court, the involved11858
court shall notify the registrar of the action, and the registrar11859
shall enter the court's notice in the owner'soffender's vehicle11860
license plate registration record.11861

       Nothing in this section shall be construed as requiring the11862
registrar or the clerk of the court of common pleas to note upon11863
the certificate of title records any prohibition regarding the11864
sale of a motor vehicle.11865

       (5) If the title to a motor vehicle that is subject to an11866
immobilization order under division (A) of this section is11867
assigned or transferred without court approval between the time of11868
arrest of the person who was operating the vehicle at the time of11869
offender who committed the offense for which such an order is to11870
be issued and the time of the actual immobilization of the11871
vehicle, the court shall order that, for a period of two years11872
from the date of the order, neither the registrar nor any deputy11873
registrar shall accept an application for the registration of any11874
motor vehicle in the name of the owner of theoffender whose11875
vehicle that was assigned or transferred without court approval.11876
The court shall notify the registrar of the order on a form11877
prescribed by the registrar for that purpose.11878

       (E)(1) The court with jurisdiction over the case, after11879
notice to all interested parties including lienholders, and after11880
an opportunity for them to be heard, if the vehicle owneroffender11881
fails to appear in person, without good cause, or if the court11882
finds that the vehicle owneroffender does not intend to seek11883
release of the vehicle at the end of the period of immobilization11884
or that the vehicle owneroffender is not or will not be able to11885
pay the expenses and charges incurred in its removal and storage,11886
may order that title to the vehicle be transferred, in order of11887
priority, first into the name of the entity entitled to the11888
immobilization fee under division (A)(6)(5) of this section, next11889
into the name of a lienholder, or lastly, into the name of the11890
owner of the place of storage.11891

       A lienholder that receives title under a court order shall do11892
so on the condition that it pay any expenses or charges incurred11893
in the vehicle's removal and storage. If the entity that receives11894
title to the vehicle is the entity that is entitled to the11895
immobilization fee under division (A)(6)(5) of this section, it11896
shall receive title on the condition that it pay any lien on the11897
vehicle. The court shall not order that title be transferred to11898
any person or entity other than the owner of the place of storage11899
if the person or entity refuses to receive the title. Any person11900
or entity that receives title may either keep title to the vehicle11901
or may dispose of the vehicle in any legal manner that it11902
considers appropriate, including assignment of the certificate of11903
title to the motor vehicle to a salvage dealer or a scrap metal11904
processing facility. The person or entity shall not transfer the11905
vehicle to the person who is the vehicle's immediate previous11906
owner.11907

       If the person or entity assigns the motor vehicle to a11908
salvage dealer or scrap metal processing facility, the person or11909
entity shall send the assigned certificate of title to the motor11910
vehicle to the clerk of the court of common pleas of the county in11911
which the salvage dealer or scrap metal processing facility is11912
located. The person or entity shall mark the face of the11913
certificate of title with the words "FOR DESTRUCTION" and shall11914
deliver a photocopy of the certificate of title to the salvage11915
dealer or scrap metal processing facility for its records.11916

       (2) Whenever a court issues an order under division (E)(1)11917
of this section, the court also shall order removal of the license11918
plates from the vehicle and cause them to be sent to the registrar11919
if they have not already been sent to the registrar. Thereafter,11920
no further proceedings shall take place under this section, but11921
the vehicle owneroffender remains liable for payment of the11922
immobilization fee described in division (A)(4)(3) of this section11923
if an immobilization order previously had been issued by the11924
court.11925

       (3) Prior to initiating a proceeding under division (E)(1)11926
of this section, and upon payment of the fee under division (B) of11927
section 4505.14 of the Revised Code, any interested party may11928
cause a search to be made of the public records of the bureau of11929
motor vehicles or the clerk of the court of common pleas, to11930
ascertain the identity of any lienholder of the vehicle. The11931
initiating party shall furnish this information to the clerk of11932
the court with jurisdiction over the case, and the clerk shall11933
provide notice to the vehicle owner, the defendant, any11934
lienholder, and any other interested parties listed by the11935
initiating party, at the last known address supplied by the11936
initiating party, by certified mail or, at the option of the11937
initiating party, by personal service or ordinary mail.11938

       As used in this section, "interested party" includes the11939
vehicle owneroffender, all lienholders, the defendant, the owner11940
of the place of storage, the person or entity that caused the11941
vehicle to be removed, and the person or entity, if any, entitled11942
to the immobilization fee under division (A)(6)(5) of this11943
section.11944

       Sec. 4503.234.  (A) As used in this section, "vehicle owner"11945
means the person in whose name is registered a vehicle that is11946
subject to an order of forfeiture issued under this section.11947

       (B) If a court is required by section 4503.233, 4503.236,11948
4507.361, 4507.99,4510.11, 4510.14, 4510.16, 4510.41, 4511.19,11949
4511.193, or 4511.994511.203 of the Revised Code to order the11950
criminal forfeiture of a vehicle, the order shall be issued and11951
enforced in accordance with this division, subject to division11952
(C)(B) of this section and section 4503.235 of the Revised Code.11953
An order of criminal forfeiture issued under this division shall11954
authorize an appropriate law enforcement agency to seize the11955
vehicle ordered criminally forfeited upon the terms and conditions11956
that the court determines proper. No vehicle ordered criminally11957
forfeited pursuant to this division shall be considered contraband11958
for purposes of section 2933.41, 2933.42, or 2933.43 of the11959
Revised Code, but shall be held by the law enforcement agency that11960
employs the officer who seized it shall hold the vehicle for11961
disposal in accordance with this section. A forfeiture order may11962
be issued only after the vehicle owneroffender has been provided11963
with an opportunity to be heard. The prosecuting attorney shall11964
give the vehicle owneroffender written notice of the possibility11965
of forfeiture by sending a copy of the relevant uniform traffic11966
ticket or other written notice to the vehicle owneroffender not11967
less than seven days prior to the date of issuance of the11968
forfeiture order. A vehicle is subject to an order of criminal11969
forfeiture pursuant to this division upon the conviction of the11970
offender of or plea of guilty by the offender to a violation of11971
division (A) of section 4503.236, division (B)(1) or (D)(2) of11972
section 4507.02, section 4507.334510.11, 4510.14, 4510.16,or11973
4511.203, or division (A) of section 4511.19 of the Revised Code,11974
or a municipal ordinance that is substantially equivalent to11975
division (A) of section 4503.236, division (B)(1) or (D)(2) of11976
section 4507.02, section 4507.33, or division (A) of section11977
4511.19 of the Revised Codeany of those sections or divisions.11978

       (C)(B)(1) Prior to the issuance of an order of criminal11979
forfeiture pursuant to division (B) of this section, the law11980
enforcement agency that employs the law enforcement officer who11981
seized the vehicle shall conduct or cause to be conducted a search11982
of the appropriate public records that relate to the vehicle and11983
shall make or cause to be made reasonably diligent inquiries to11984
identify any lienholder or any person or entity with an ownership11985
interest in the vehicle. The court that is to issue the11986
forfeiture order also shall cause a notice of the potential order11987
relative to the vehicle and of the expected manner of disposition11988
of the vehicle after its forfeiture to be sent to any lienholder11989
or person who is known to the court to have any right, title, or11990
interest in the vehicle. The court shall give the notice by11991
certified mail, return receipt requested, or by personal service.11992

       (2) No order of criminal forfeiture shall be issued pursuant11993
to division (B) of this section if a lienholder or other person11994
with an ownership interest in the vehicle establishes to the11995
court, by a preponderance of the evidence after filing a motion11996
with the court, that the lienholder or other that person neither11997
knew nor should have known after a reasonable inquiry that the11998
vehicle would be used or involved, or likely would be used or11999
involved, in the violation resulting in the issuance of the order12000
of criminal forfeiture or the violation of the order of12001
immobilization issued under section 4503.233 of the Revised Code,12002
that the lienholder or other that person did not expressly or12003
impliedly consent to the use or involvement of the vehicle in that12004
violation, and that the lien or ownership interest was perfected12005
pursuant to law prior to the seizure of the vehicle under section12006
4503.236, 4507.38, or4510.41, 4511.195,or4511.203 of the12007
Revised Code. If the lienholder or holder of the ownership12008
interest satisfies the court that these criteria have been met,12009
the court shall preserve the holder's the lienholder's or other12010
person's lien or interest, and the court either shall return the12011
vehicle to the holder, the holder's or shall order that the the12012
holder's proceeds of any sale held pursuant to division (D)(C)(2)12013
of this section be paid to the lienholder or holder of the12014
interest less the costs of seizure, storage, and maintenance of12015
the vehicle. The court shall not return a vehicle to a lienholder12016
or a holder of an ownership interest under division (C)(2) of this12017
section unless the lienholder or holder submits an affidavit to12018
the court that states that the lienholder or holder will not12019
return the vehicle to the person from whom the vehicle was seized12020
pursuant to the order of criminal forfeiture or to any member of12021
that person's family and will not otherwise knowingly permit that12022
person or any member of that person's family to obtain possession12023
of the vehicle.12024

       (3) No order of criminal forfeiture shall be issued pursuant12025
to division (B) of this section if a person with an interest in12026
the vehicle establishes to the court, by a preponderance of the12027
evidence after filing a motion with the court, that the person12028
neither knew nor should have known after a reasonable inquiry that12029
the vehicle had been used or was involved in the violation12030
resulting in the issuance of the order of criminal forfeiture or12031
the violation of the order of immobilization issued under section12032
4503.233 of the Revised Code, that the person did not expressly or12033
impliedly consent to the use or involvement of the vehicle in that12034
violation, that the interest was perfected in good faith and for12035
value pursuant to law between the time of the arrest of the12036
offender and the final disposition of the criminal charge in12037
question, and that the vehicle was in the possession of the12038
vehicle ownerinterest holder at the time of the perfection of the12039
interest. If the court is satisfied that the interest holder has12040
met these criteria, the court shall preserve the holder's the12041
interest holder's interest, and the court either shall return the12042
vehicle to the interest holder the holder's or order that the the12043
holder's proceeds of any sale held pursuant to division (D)(C) of12044
this section be paid to the holder of the interest less the costs12045
of seizure, storage, and maintenance of the vehicle. The court12046
shall not return a vehicle to an interest holder under division12047
(C)(3) of this section unless the holder submits an affidavit to12048
the court stating that the holder will not return the vehicle to12049
the person from whom the holder acquired the holder's the holder's12050
interest, nor to any member of that person's family, and the12051
holder will not otherwise knowingly permit that person or any12052
member of that person's family to obtain possession of the12053
vehicle.12054

       (D)(C) A vehicle ordered criminally forfeited to the state12055
pursuant to division (B) of this section shall be disposed of as12056
follows:12057

       (1) It shall be given to the law enforcement agency that12058
employs the law enforcement officer who seized the vehicle, if12059
that agency desires to have it;12060

       (2) If a vehicle is not disposed of pursuant to division12061
(D)(C)(1) of this section, the vehicle shall be sold, without12062
appraisal, if the value of the vehicle is two thousand dollars or12063
more as determined by publications of the national auto dealer's12064
association, at a public auction to the highest bidder for cash. 12065
Prior to the sale, the prosecuting attorney in the case shall12066
cause a notice of the proposed sale to be given in accordance with12067
law. The court shall cause notice of the sale of the vehicle to12068
be published in a newspaper of general circulation in the county12069
in which the court is located at least seven days prior to the12070
date of the sale. The proceeds of a sale under this division or12071
division (G)(F) of this section shall be applied in the following12072
order:12073

       (a) First, they shall be applied to the payment of the costs12074
incurred in connection with the seizure, storage, and maintenance12075
of, and provision of security for, the vehicle, any proceeding12076
arising out of the forfeiture, and if any, the sale.12077

       (b) Second, the remaining proceeds after compliance with12078
division (D)(C)(2)(a) of this section, shall be applied to the12079
payment of the value of any lien or ownership interest in the12080
vehicle preserved under division (C)(B) of this section.12081

       (c) Third, the remaining proceeds, after compliance with12082
divisions (D)(C)(2)(a) and (b) of this section, shall be applied12083
to the appropriate funds in accordance with divisions (D)(1)(c)12084
and (2) of section 2933.43 of the Revised Code, provided that the12085
total of the amount so deposited under this division shall not12086
exceed one thousand dollars. The remaining proceeds deposited12087
under this division shall be used only for the purposes authorized12088
by those divisions and division (D)(3)(a)(ii) of that section.12089

       (d) Fourth, the remaining proceeds after compliance with12090
divisions (D)(C)(2)(a) and (b) of this section and after deposit12091
of a total amount of one thousand dollars under division12092
(D)(C)(2)(c) of this section shall be applied so that fifty per12093
cent of those remaining proceeds is paid into the reparation fund12094
established by section 2743.191 of the Revised Code, twenty-five12095
per cent is paid into the drug abuse resistance education programs12096
fund created by division (L)(F)(2)(e) of section 4511.191 of the12097
Revised Code and shall be used only for the purposes authorized by12098
division (L)(F)(2)(e) of that section, and twenty-five per cent is12099
applied to the appropriate funds in accordance with division12100
(D)(1)(c) of section 2933.43 of the Revised Code. The proceeds12101
deposited into any fund described in section 2933.43 of the12102
Revised Code shall be used only for the purposes authorized by12103
division (D)(1)(c), (2), and (3)(a)(ii) of that section.12104

       (E) Notwithstanding(D)Except as provided in division (E)12105
of section 4511.203 of the Revised Code and notwithstanding any12106
other provision of law, neither the registrar of motor vehicles12107
nor any deputy registrar shall accept an application for the12108
registration of any motor vehicle in the name of any person, or12109
register any motor vehicle in the name of any person, if both of12110
the following apply:12111

       (1) Any vehicle registered in the person's name was12112
criminally forfeited under division (B) of this section and12113
section 4503.233, 4503.236, 4507.361,4507.994510.10, 4510.11,12114
4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 4511.193, or 4511.9912115
4511.203 of the Revised Code;12116

       (2) Less than five years have expired since the issuance of12117
the most recent order of criminal forfeiture issued in relation to12118
a vehicle registered in the person's name.12119

       (F)(E) If a court is required by section 4503.233, 4507.361,12120
4507.994503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.161,12121
4510.41, 4511.19, 4511.193, or 4511.994511.203 of the Revised12122
Code to order the criminal forfeiture to the state of a vehicle,12123
and the title to the motor vehicle is assigned or transferred, and12124
division (C)(B)(2) or (3) of this section applies, in addition to12125
or independent of any other penalty established by law, the court12126
may fine the offender the value of the vehicle as determined by12127
publications of the national auto dealer's association. The12128
proceeds from any fine imposed under this division (F) of this12129
section shall be distributed in accordance with division (D)(4)12130
(C)(2) of this section.12131

       (G)(F) As used in division (D) of this section and divisions12132
(D)(1)(c), (D)(2), and (D)(3)(a)(ii) of section 2933.43 of the12133
Revised Code in relation to proceeds of the sale of a vehicle12134
under division (D)(C) of this section, "prosecuting attorney"12135
includes the prosecuting attorney, village solicitor, city12136
director of law, or similar chief legal officer of a municipal12137
corporation who prosecutes the case resulting in the conviction or12138
guilty plea in question.12139

       (G) If the vehicle to be forfeited has an average retail12140
value of less than two thousand dollars as determined by12141
publications of the national auto dealer's association, no public12142
auction is required to be held. In such a case, the court may12143
direct that the vehicle be disposed of in any manner that it12144
considers appropriate, including assignment of the certificate of12145
title to the motor vehicle to a salvage dealer or a scrap metal12146
processing facility. The court shall not transfer the vehicle to12147
the person who is the vehicle's immediate previous owner.12148

       If the court assigns the motor vehicle to a salvage dealer or12149
scrap metal processing facility and the court is in possession of12150
the certificate of title to the motor vehicle, it shall send the12151
assigned certificate of title to the motor vehicle to the clerk of12152
the court of common pleas of the county in which the salvage12153
dealer or scrap metal processing facility is located. The court12154
shall mark the face of the certificate of title with the words12155
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate12156
of title to the salvage dealer or scrap metal processing facility12157
for its records.12158

       If the court is not in possession of the certificate of title12159
to the motor vehicle, the court shall issue an order transferring12160
ownership of the motor vehicle to a salvage dealer or scrap metal12161
processing facility, send the order to the clerk of the court of12162
common pleas of the county in which the salvage dealer or scrap12163
metal processing facility is located, and send a photocopy of the12164
order to the salvage dealer or scrap metal processing facility for12165
its records. The clerk shall make the proper notations or entries12166
in the clerk's records concerning the disposition of the motor12167
vehicle.12168

       Sec. 4503.236.  (A) No person shall operate a motor vehicle12169
or permit the operation of a motor vehicle upon any public or12170
private property used by the public for vehicular travel or12171
parking knowing or having reasonable cause to believe that the12172
motor vehicle has been ordered immobilized pursuant to an12173
immobilization order issued under section 4503.233 of the Revised12174
Code.12175

       (B) A motor vehicle that is operated by a person during a12176
violation of division (A) of this section shall be criminally12177
forfeited to the state in accordance with the procedures contained12178
in section 4503.234 of the Revised Code, but such forfeiture is12179
subject to section 4503.235 of the Revised Code.12180

       (C)Whoever violates division (A) of this section is guilty12181
of a misdemeanor of the second degree.12182

       Sec. 4503.28. (A) No person who is a manufacturer of,12183
dealer in, or distributor of motor vehicles shall fail to file an12184
application for registration and to pay the tax thereforfor the12185
registration and to apply for and pay the legal fees for as many12186
certified copies thereofof the registration as the law requires.12187

       (B)Whoever violates this section is guilty of a misdemeanor12188
of the fourth degree.12189

       Sec. 4503.30. (A) Any placards issued by the registrar of12190
motor vehicles and bearing the distinctive number assigned to a12191
manufacturer, dealer, or distributor pursuant to section 4503.2712192
of the Revised Code may be displayed on any motor vehicle, other12193
than commercial cars, or on any motorized bicycle owned by the12194
manufacturer, dealer, or distributor, or lawfully in the12195
possession or control of the manufacturer, or the agent or12196
employee of the manufacturer, the dealer, or the agent or employee12197
of the dealer, the distributor, or the agent or employee of the12198
distributor, and shall be displayed on no other motor vehicle or12199
motorized bicycle. A placard may be displayed on a motor vehicle,12200
other than a commercial car, owned by a dealer when the vehicle is12201
in transit from a dealer to a purchaser, when the vehicle is being12202
demonstrated for sale or lease, or when the vehicle otherwise is12203
being utilized by the dealer. A vehicle bearing a placard issued12204
to a dealer under section 4503.27 of the Revised Code may be12205
operated by the dealer, an agent or employee of the dealer, a12206
prospective purchaser, or a third party operating the vehicle with12207
the permission of the dealer.12208

       Such placards may be displayed on commercial cars only when12209
the cars are in transit from a manufacturer to a dealer, from a12210
distributor to a dealer or distributor, or from a dealer to a12211
purchaser, or when the cars are being demonstrated for sale or12212
lease, and shall not be displayed when the cars are being used for12213
delivery, hauling, transporting, or other commercial purpose.12214

       (B)Whoever violates this section is guilty of a misdemeanor12215
of the third degree.12216

       Sec. 4503.301.  (A) A manufacturer, dealer, or distributor12217
of motor vehicles may apply for a reasonable number of commercial12218
car demonstration placards. The application shall show the make12219
of commercial cars, commercial tractors, trailers, and12220
semitrailers manufactured, dealt, or distributed in and shall show12221
the taxing district in which the applicant's place of business is12222
located.12223

       Upon the filing of such application and the payment of an12224
annual fee of five hundred dollars and appropriate postage as12225
required by the registrar of motor vehicles, the registrar shall12226
assign to the applicant a distinctive placard and number. Such12227
placards shall be known as "commercial car demonstration12228
placards," and shall expire on a date prescribed by the registrar. 12229
Upon the first application by any person for such placards, the12230
registrar shall prorate the annual fee in accordance with section12231
4503.11 of the Revised Code; for all renewals or replacements of12232
such placards, the registrar shall collect the full amount of the12233
annual fee.12234

       Commercial car demonstration placards may be displayed on12235
commercial cars, commercial tractors, trailers and semitrailers12236
owned by the manufacturer, dealer, or distributor, when those12237
vehicles are operated by or being demonstrated to a prospective12238
purchaser. In addition to the purposes permitted by section12239
4503.30 of the Revised Code, the placards provided for in this12240
section may be displayed on vehicles operated or used for12241
delivery, hauling, transporting, or any other lawful purpose. When12242
such placards are used, the placards provided for in section12243
4503.30 of the Revised Code need not be displayed.12244

       The operator of any commercial car, commercial tractor,12245
trailer, or semitrailer displaying the placards provided for in12246
this section, at all times, shall carry with the operator a letter12247
from the manufacturer, dealer, or distributor authorizing the use12248
of such manufacturer's, dealer's, or distributor's commercial car12249
demonstration placards.12250

       When such placards are used on any commercial car or12251
commercial tractor, such power unit shall be considered duly12252
registered and licensed for the purposes of section 4503.38 of the12253
Revised Code.12254

       (B) No manufacturer, dealer, or distributor of motor12255
vehicles shall use the commercial car demonstration placard for12256
purposes other than those authorized by this section.12257

       (C)Whoever violates division (B) of this section is guilty12258
of a misdemeanor of the third degree.12259

       Sec. 4503.32. (A) No person shall use the license placards12260
provided for in section 4503.31 of the Revised Code contrary to12261
said section.12262

       (B)Whoever violates this section is guilty of a misdemeanor12263
of the third degree.12264

       Sec. 4503.34. (A) No person who is a drive-away operator or12265
trailer transporter, or both, engaged in the business of12266
transporting and delivering new motor vehicles or used motor12267
vehicles, or both, by means of the full mount method, the saddle12268
mount method, the tow bar method, the tow-away method, or any12269
combination thereof, or under their own power, shall fail to file12270
an application as required by section 4503.33 of the Revised Code,12271
and to pay the fees therefor and to apply for and pay the legal12272
fees for as many certified copies thereof as said section12273
requires.12274

       (B)Whoever violates this section is guilty of a minor12275
misdemeanor.12276

       Sec. 4503.39.  With regard to a motor vehicle leased by or in12277
the name of a person named in a declaration of forfeiture12278
suspension order, the registrar of motor vehicles shall adopt12279
procedures as indicated in division (D) of section 2935.27,12280
division (A) of section 2937.221, and division (B) of section12281
4507.1684510.22 of the Revised Code. The procedures shall12282
prescribe the information and methodology necessary to implement12283
those divisions.12284

       Sec. 4503.44.  (A) As used in this section and in section12285
4511.69 of the Revised Code:12286

       (1) "Person with a disability that limits or impairs the12287
ability to walk" means any person who, as determined by a12288
physician or chiropractor, meets any of the following criteria:12289

       (a) Cannot walk two hundred feet without stopping to rest;12290

       (b) Cannot walk without the use of, or assistance from, a12291
brace, cane, crutch, another person, prosthetic device,12292
wheelchair, or other assistive device;12293

       (c) Is restricted by a lung disease to such an extent that12294
the person's forced (respiratory) expiratory volume for one12295
second, when measured by spirometry, is less than one liter, or12296
the arterial oxygen tension is less than sixty millimeters of12297
mercury on room air at rest;12298

       (d) Uses portable oxygen;12299

       (e) Has a cardiac condition to the extent that the person's12300
functional limitations are classified in severity as class III or12301
class IV according to standards set by the American heart12302
association;12303

       (f) Is severely limited in the ability to walk due to an12304
arthritic, neurological, or orthopedic condition;12305

       (g) Is blind.12306

       (2) "Organization" means any private organization or12307
corporation, or any governmental board, agency, department,12308
division, or office, that, as part of its business or program,12309
transports persons with disabilities that limit or impair the12310
ability to walk on a regular basis in a motor vehicle that has not12311
been altered for the purpose of providing it with special12312
equipment for use by handicapped persons. This definition does12313
not apply to division (J) of this section.12314

       (3) "Physician" means a person licensed to practice medicine12315
or surgery or osteopathic medicine and surgery under Chapter 4731.12316
of the Revised Code.12317

       (4) "Chiropractor" means a person licensed to practice12318
chiropractic under Chapter 4734. of the Revised Code.12319

       (B) Any organization or person with a disability that limits12320
or impairs the ability to walk may apply to the registrar of motor12321
vehicles for a removable windshield placard or, if the person owns12322
or leases a motor vehicle, the person may apply for the12323
registration of any motor vehicle the person owns or leases. In12324
addition to one or more sets of license plates or one placard, a12325
person with a disability that limits or impairs the ability to12326
walk is entitled to one additional placard, but only if the person12327
applies separately for the additional placard, states the reasons12328
why the additional placard is needed, and the registrar, in the12329
registrar's discretion, determines that good and justifiable cause12330
exists to approve the request for the additional placard. When a12331
motor vehicle has been altered for the purpose of providing it12332
with special equipment for a person with a disability that limits12333
or impairs the ability to walk, but is owned or leased by someone12334
other than such a person, the owner or lessee may apply to the12335
registrar or a deputy registrar for registration under this12336
section. The application for registration of a motor vehicle12337
owned or leased by a person with a disability that limits or12338
impairs the ability to walk shall be accompanied by a signed12339
statement from the applicant's personal physician or chiropractor12340
certifying that the applicant meets at least one of the criteria12341
contained in division (A)(1) of this section and that the12342
disability is expected to continue for more than six consecutive12343
months. The application for a removable windshield placard made12344
by a person with a disability that limits or impairs the ability12345
to walk shall be accompanied by a prescription from the12346
applicant's personal physician or chiropractor prescribing such a12347
placard for the applicant, and by a signed statement certifying12348
that the applicant meets at least one of the criteria contained in12349
division (A)(1) of this section. The physician or chiropractor12350
shall state on the prescription the length of time the physician12351
or chiropractor expects the applicant to have the disability that12352
limits or impairs the applicant's ability to walk. The12353
application for a removable windshield placard made by an12354
organization shall be accompanied by such documentary evidence of12355
regular transport of persons with disabilities that limit or12356
impair the ability to walk by the organization as the registrar12357
may require by rule and shall be completed in accordance with12358
procedures that the registrar may require by rule. The12359
application for registration of a motor vehicle that has been12360
altered for the purpose of providing it with special equipment for12361
a person with a disability that limits or impairs the ability to12362
walk but is owned by someone other than such a person shall be12363
accompanied by such documentary evidence of vehicle alterations as12364
the registrar may require by rule.12365

       (C) When an organization, a person with a disability that12366
limits or impairs the ability to walk, or a person who does not12367
have a disability that limits or impairs the ability to walk but12368
owns a motor vehicle that has been altered for the purpose of12369
providing it with special equipment for a person with a disability12370
that limits or impairs the ability to walk first submits an12371
application for registration of a motor vehicle under this section12372
and every fifth year thereafter, the organization or person shall12373
submit a signed statement from the applicant's personal physician12374
or chiropractor, a completed application, and any required12375
documentary evidence of vehicle alterations as provided in12376
division (B) of this section, and also a power of attorney from12377
the owner of the motor vehicle if the applicant leases the12378
vehicle. Upon submission of these items, the registrar or deputy12379
registrar shall issue to the applicant appropriate vehicle12380
registration and a set of license plates and validation stickers,12381
or validation stickers alone when required by section 4503.191 of12382
the Revised Code. In addition to the letters and numbers12383
ordinarily inscribed thereon, the license plates shall be12384
imprinted with the international symbol of access. The license12385
plates and validation stickers shall be issued upon payment of the12386
regular license fee as prescribed under section 4503.04 of the12387
Revised Code and any motor vehicle tax levied under Chapter 4504.12388
of the Revised Code, and the payment of a service fee equal to the12389
amount specified in division (D) or (G) of section 4503.10 of the12390
Revised Code.12391

       (D)(1) Upon receipt of a completed and signed application12392
for a removable windshield placard, a prescription as described in12393
division (B) of this section, documentary evidence of regular12394
transport of persons with disabilities that limit or impair the12395
ability to walk, if required, and payment of a service fee equal12396
to the amount specified in division (D) or (G) of section 4503.1012397
of the Revised Code, the registrar or deputy registrar shall issue12398
to the applicant a removable windshield placard, which shall bear12399
the date of expiration on both sides of the placard and shall be12400
valid until expired, revoked, or surrendered. Every removable12401
windshield placard expires as described in division (D)(2) of this12402
section, but in no case shall a removable windshield placard be12403
valid for a period of less than sixty days. Removable windshield12404
placards shall be renewable upon application as provided in12405
division (B) of this section, and a service fee equal to the12406
amount specified in division (D) or (G) of section 4503.10 of the12407
Revised Code shall be charged for the renewal of a removable12408
windshield placard. The registrar shall provide the application12409
form and shall determine the information to be included thereon.12410
The registrar also shall determine the form and size of the12411
removable windshield placard, the material of which it is to be12412
made, and any other information to be included thereon, and shall12413
adopt rules relating to the issuance, expiration, revocation,12414
surrender, and proper display of such placards. Any placard12415
issued after October 14, 1999, shall be manufactured in a manner12416
that allows the expiration date of the placard to be indicated on12417
it through the punching, drilling, boring, or creation by any12418
other means of holes in the placard.12419

       (2) At the time a removable windshield placard is issued to12420
a person with a disability that limits or impairs the ability to12421
walk, the registrar or deputy registrar shall enter into the12422
records of the bureau of motor vehicles the last date on which the12423
person will have that disability, as indicated on the accompanying12424
prescription. Not less than thirty days prior to that date and12425
all removable windshield placard renewal dates, the bureau shall12426
send a renewal notice to that person at the person's last known12427
address as shown in the records of the bureau, informing the12428
person that the person's removable windshield placard will expire12429
on the indicated date not to exceed five years from the date of12430
issuance, and that the person is required to renew the placard by12431
submitting to the registrar or a deputy registrar another12432
prescription, as described in division (B) of this section, and by12433
complying with the renewal provisions prescribed in division12434
(D)(1) of this section. If such a prescription is not received by12435
the registrar or a deputy registrar by that date, the placard12436
issued to that person expires and no longer is valid, and this12437
fact shall be recorded in the records of the bureau.12438

       (3) At least once every year, on a date determined by the12439
registrar, the bureau shall examine the records of the office of12440
vital statistics, located within the department of health, that12441
pertain to deceased persons, and also the bureau's records of all12442
persons who have been issued removable windshield placards and12443
temporary removable windshield placards. If the records of the12444
office of vital statistics indicate that a person to whom a12445
removable windshield placard or temporary removable windshield12446
placard has been issued is deceased, the bureau shall cancel that12447
placard, and note the cancellation in its records.12448

       The office of vital statistics shall make available to the12449
bureau all information necessary to enable the bureau to comply12450
with division (D)(3) of this section.12451

       (4) Nothing in this section shall be construed to require a12452
person or organization to apply for a removable windshield placard12453
or special license plates if the parking card or special license12454
plates issued to the person or organization under prior law have12455
not expired or been surrendered or revoked.12456

       (E) Any person with a disability that limits or impairs the12457
ability to walk may apply to the registrar or a deputy registrar12458
for a temporary removable windshield placard. The application for12459
a temporary removable windshield placard shall be accompanied by a12460
prescription from the applicant's personal physician or12461
chiropractor prescribing such a placard for the applicant, and by12462
a signed statement certifying that the applicant meets at least12463
one of the criteria contained in division (A)(1) of this section12464
and that the disability is expected to continue for six12465
consecutive months or less. The physician or chiropractor shall12466
state on the prescription the length of time the physician or12467
chiropractor expects the applicant to have the disability that12468
limits or impairs the applicant's ability to walk, which cannot12469
exceed six months from the date of the prescription. Upon receipt12470
of an application for a temporary removable windshield placard,12471
presentation of the prescription and the signed statement from the12472
applicant's personal physician or chiropractor, and payment of a12473
service fee equal to the amount specified in division (D) or (G)12474
of section 4503.10 of the Revised Code, the registrar or deputy12475
registrar shall issue to the applicant a temporary removable12476
windshield placard. The temporary removable windshield placard12477
shall be of the same size and form as the removable windshield12478
placard, shall be printed in white on a red-colored background,12479
and shall bear the word "temporary" in letters of such size as the12480
registrar shall prescribe. A temporary removable windshield12481
placard also shall bear the date of expiration on the front and12482
back of the placard, and shall be valid until expired,12483
surrendered, or revoked, but in no case shall such a placard be12484
valid for a period of less than sixty days. The registrar shall12485
provide the application form and shall determine the information12486
to be included on it. The registrar also shall determine the12487
material of which the temporary removable windshield placard is to12488
be made and any other information to be included on the placard12489
and shall adopt rules relating to the issuance, expiration,12490
surrender, revocation, and proper display of those placards. Any12491
temporary removable windshield placard issued after October 14,12492
1999, shall be manufactured in a manner that allows for the12493
expiration date of the placard to be indicated on it through the12494
punching, drilling, boring, or creation by any other means of12495
holes in the placard.12496

       (F) If an applicant for a removable windshield placard is a12497
veteran of the armed forces of the United States whose disability,12498
as defined in division (A)(1) of this section, is12499
service-connected, the registrar or deputy registrar, upon receipt12500
of the application, presentation of a signed statement from the12501
applicant's personal physician or chiropractor certifying the12502
applicant's disability, and presentation of such documentary12503
evidence from the department of veterans affairs that the12504
disability of the applicant meets at least one of the criteria12505
identified in division (A)(1) of this section and is12506
service-connected as the registrar may require by rule, but12507
without the payment of any service fee, shall issue the applicant12508
a removable windshield placard that is valid until expired,12509
surrendered, or revoked.12510

       Upon a conviction of a violation of division (H), (I), or (J)12511
of this section, the court shall report the conviction, and send12512
the placard or parking card, if available, to the registrar, who12513
thereupon shall revoke the privilege of using the placard or12514
parking card and send notice in writing to the placardholder or12515
cardholder at that holder's last known address as shown in the12516
records of the bureau, and the placardholder or cardholder shall12517
return the placard or card if not previously surrendered to the12518
court, to the registrar within ten days following mailing of the12519
notice.12520

       Whenever a person to whom a removable windshield placard or12521
parking card has been issued moves to another state, the person12522
shall surrender the placard or card to the registrar; and whenever12523
an organization to which a placard or card has been issued changes12524
its place of operation to another state, the organization shall12525
surrender the placard or card to the registrar.12526

       (G) Subject to division (F) of section 4511.69 of the12527
Revised Code, the operator of a motor vehicle displaying a12528
removable windshield placard, temporary removable windshield12529
placard, parking card, or the special license plates authorized by12530
this section is entitled to park the motor vehicle in any special12531
parking location reserved for persons with disabilities that limit12532
or impair the ability to walk, also known as handicapped parking12533
spaces or disability parking spaces.12534

       (H) No person or organization that is not eligible under12535
division (B) or (E) of this section shall willfully and falsely12536
represent that the person or organization is so eligible.12537

       No person or organization shall display license plates issued12538
under this section unless the license plates have been issued for12539
the vehicle on which they are displayed and are valid.12540

       (I) No person or organization to which a removable12541
windshield placard or temporary removable windshield placard is12542
issued shall do either of the following:12543

       (1) Display or permit the display of the placard on any12544
motor vehicle when having reasonable cause to believe the motor12545
vehicle is being used in connection with an activity that does not12546
include providing transportation for persons with disabilities12547
that limit or impair the ability to walk;12548

       (2) Refuse to return or surrender the placard, when12549
required.12550

       (J)(1) No person or organization to which a parking card is12551
issued shall do either of the following:12552

       (a) Display or permit the display of the parking card on any12553
motor vehicle when having reasonable cause to believe the motor12554
vehicle is being used in connection with an activity that does not12555
include providing transportation for a handicapped person;12556

       (b) Refuse to return or surrender the parking card, when12557
required.12558

       (2) As used in division (J) of this section:12559

       (a) "Handicapped person" means any person who has lost the12560
use of one or both legs or one or both arms, who is blind, deaf,12561
or so severely handicapped as to be unable to move about without12562
the aid of crutches or a wheelchair, or whose mobility is12563
restricted by a permanent cardiovascular, pulmonary, or other12564
handicapping condition.12565

       (b) "Organization" means any private organization or12566
corporation, or any governmental board, agency, department,12567
division, or office, that, as part of its business or program,12568
transports handicapped persons on a regular basis in a motor12569
vehicle that has not been altered for the purposes of providing it12570
with special equipment for use by handicapped persons.12571

       (K) If a removable windshield placard, temporary removable12572
windshield placard, or parking card is lost, destroyed, or12573
mutilated, the placardholder or cardholder may obtain a duplicate12574
by doing both of the following:12575

       (1) Furnishing suitable proof of the loss, destruction, or12576
mutilation to the registrar;12577

       (2) Paying a service fee equal to the amount specified in12578
division (D) or (G) of section 4503.10 of the Revised Code.12579

       Any placardholder or cardholder who loses a placard or card12580
and, after obtaining a duplicate, finds the original, immediately12581
shall surrender the original placard or card to the registrar.12582

       (L) The registrar shall pay all fees received under this12583
section for the issuance of removable windshield placards or12584
temporary removable windshield placards or duplicate removable12585
windshield placards or cards into the state treasury to the credit12586
of the state bureau of motor vehicles fund created in section12587
4501.25 of the Revised Code.12588

       (M) For purposes of enforcing this section, every peace12589
officer is deemed to be an agent of the registrar. Any peace12590
officer or any authorized employee of the bureau of motor vehicles12591
who, in the performance of duties authorized by law, becomes aware12592
of a person whose placard or parking card has been revoked12593
pursuant to this section, may confiscate that placard or parking12594
card and return it to the registrar. The registrar shall12595
prescribe any forms used by law enforcement agencies in12596
administering this section.12597

       No peace officer, law enforcement agency employing a peace12598
officer, or political subdivision or governmental agency employing12599
a peace officer, and no employee of the bureau is liable in a12600
civil action for damages or loss to persons arising out of the12601
performance of any duty required or authorized by this section. As12602
used in this division, "peace officer" has the same meaning as in12603
division (B) of section 2935.01 of the Revised Code.12604

       (N) All applications for registration of motor vehicles,12605
removable windshield placards, and temporary removable windshield12606
placards issued under this section, all renewal notices for such12607
items, and all other publications issued by the bureau that relate12608
to this section shall set forth the criminal penalties that may be12609
imposed upon a person who violates any provision relating to12610
special license plates issued under this section, the parking of12611
vehicles displaying such license plates, and the issuance,12612
procurement, use, and display of removable windshield placards and12613
temporary removable windshield placards issued under this section.12614

       (O)Whoever violates this section is guilty of a misdemeanor12615
of the fourth degree.12616

       Sec. 4503.46.  (A) For the purposes of this section,12617
"prisoner of war" means any regularly appointed, enrolled,12618
enlisted, or inducted member of the military forces of the United12619
States who was captured, separated, and incarcerated by an enemy12620
of the United States at any time, and any regularly appointed,12621
enrolled, or enlisted member of the military forces of Great12622
Britain, France, any of the countries that comprised the former12623
Union of Soviet Socialist Republics, Australia, Belgium, Brazil,12624
Canada, China, Denmark, Greece, the Netherlands, New Zealand,12625
Norway, Poland, South Africa, or any of the countries that12626
comprised the former Yugoslavia who was a citizen of the United12627
States at the time of such appointment, enrollment, or enlistment,12628
and was captured, separated, and incarcerated by an enemy of this12629
country during World War II.12630

       (B) Any person who has been a prisoner of war may apply to12631
the registrar of motor vehicles for the registration of one12632
passenger car, noncommercial motor vehicle, or other vehicle of a12633
class approved by the registrar the person owns or leases. The12634
application shall be accompanied by written evidence in the form12635
of a record of separation, a letter from one of the armed forces12636
of the United States or other country as provided in division (A)12637
of this section, or other evidence as the registrar may require by12638
rule, that such a person was a prisoner of war and was honorably12639
discharged or is presently residing in this state on active duty12640
with one of the branches of the armed forces of the United States,12641
or was a prisoner of war and was honorably discharged or received12642
an equivalent discharge or release from one of the armed forces of12643
such other country.12644

       Upon receipt of an application for registration of a motor12645
vehicle under this section, and presentation of satisfactory12646
evidence of such prisoner-of-war status, the registrar shall issue12647
to the applicant the appropriate vehicle registration and a set of12648
license plates. In addition to the letters and numbers ordinarily12649
inscribed thereon, the license plates shall be inscribed with the12650
words "FORMER POW." The license plates shall be issued without12651
payment of any registration fee or service fee as required by12652
division (B) of section 4503.04 and sections 4503.10 and 4503.10212653
of the Revised Code, and without payment of any applicable county,12654
township, or municipal motor vehicle tax levied under Chapter12655
4504. of the Revised Code.12656

       (C) The spouse of a deceased former prisoner of war who has12657
not remarried, if the deceased person received or was eligible to12658
receive special license plates issued under division (B) of this12659
section, may apply to the registrar for the registration of the12660
spouse's personal motor vehicle without the payment of any fee or12661
tax as provided by division (B) of this section. The application12662
for registration shall be accompanied by documentary evidence of12663
the deceased person's status as a former prisoner of war and by12664
any other evidence that the registrar requires by rule.12665

       Upon receipt of an application for registration under this12666
division and presentation of satisfactory evidence as required by12667
this division and by the registrar, the registrar shall issue to12668
the spouse the appropriate vehicle registration and a set of12669
license plates as provided in division (B) of this section.12670

       (D) No person who is not a former prisoner of war or spouse12671
of a deceased former prisoner of war who has not remarried shall12672
willfully and falsely represent that the person is such a former12673
prisoner of war or spouse, for the purpose of obtaining license12674
plates under this section.12675

       (E) No person shall own or lease a motor vehicle bearing12676
license plates issued under this section unless the person is12677
eligible to be issued the license plates.12678

       (F)Whoever violates this section is guilty of a misdemeanor12679
of the fourth degree.12680

       Sec. 4503.47. (A) Any person who is a volunteer firefighter12681
may apply to the registrar of motor vehicles for the registration12682
of one passenger car or other vehicle of a class approved by the12683
registrar the person owns or leases. The application shall be12684
accompanied by such written evidence as the registrar may require12685
by rule, that the person is a volunteer firefighter.12686

       Upon receipt of an application for the registration of a12687
passenger car or other vehicle of a class approved by the12688
registrar under this section and presentation of satisfactory12689
evidence of such volunteer firefighter status, the registrar shall12690
issue to the applicant the appropriate vehicle registration and a12691
set of license plates and a validation sticker, or a validation12692
sticker alone when required by section 4503.191 of the Revised12693
Code. In addition to the letters and numbers ordinarily inscribed12694
thereon, the license plates shall be inscribed with the letters12695
"F.D." inside a Maltese cross emblem. The license plates and12696
validation stickers shall be issued upon payment of the regular12697
license fees as prescribed under section 4503.04 of the Revised12698
Code and any local motor vehicle tax levied under Chapter 4504. of12699
the Revised Code, and upon the payment of an additional fee of ten12700
dollars for issuance under this section. The fee shall be for the12701
purpose of compensating the bureau of motor vehicles for12702
additional services required in the issuing of such license12703
plates, and shall be transmitted by the registrar to the treasurer12704
of state for deposit in the state bureau of motor vehicles fund12705
created by section 4501.25 of the Revised Code. No person shall12706
apply for more than one set of volunteer firefighter license12707
plates annually.12708

       The chief of a fire department or the fire chief shall12709
immediately notify the registrar whenever any person under the12710
chief's supervision is no longer a volunteer firefighter.12711

       Whenever a person is no longer eligible to be issued12712
volunteer firefighter license plates, the person shall surrender12713
the volunteer firefighter license plates to the bureau in exchange12714
for plates without the "F.D." emblem. A fee of five dollars shall12715
be charged for the services required in the issuing of replacement12716
plates when an individual is no longer eligible to be issued12717
volunteer firefighter license plates.12718

       Application for volunteer firefighter license plates may be12719
made, and such license plates and replacement plates shall be12720
issued, at any time of year.12721

       No person who is not a volunteer firefighter shall willfully12722
and falsely represent that the person is a volunteer firefighter12723
for the purpose of obtaining volunteer firefighter license plates12724
under this section. No person shall own a vehicle bearing such12725
license plates unless the person is eligible to be issued such12726
license plates.12727

       (B)Whoever violates this section is guilty of a misdemeanor12728
of the fourth degree.12729

       Sec. 4503.471.  (A) Any person who is a member in good12730
standing of the international association of firefighters may12731
apply to the registrar of motor vehicles for the registration of12732
any passenger car, noncommercial vehicle, motor home, or other12733
vehicle of a class approved by the registrar that the person owns12734
or leases and the issuance of international association of12735
firefighters license plates. The application shall be accompanied12736
by the written evidence that the registrar may require by rule12737
showing that the person is a member in good standing of the12738
international association of firefighters. The application for12739
international association of firefighters license plates may be12740
combined with a request for a special reserved license plate under12741
section 4503.40 or 4503.42 of the Revised Code.12742

       Upon receipt of an application for registration of a vehicle12743
under this section and presentation of satisfactory evidence12744
showing that the person is a member in good standing of the12745
international association of firefighters, the registrar shall12746
issue to the applicant the appropriate vehicle registrations, sets12747
of license plates and validation stickers, or validation stickers12748
alone when required by section 4503.191 of the Revised Code.12749

       In addition to the letters and numbers ordinarily inscribed12750
on the license plates, international association of firefighters12751
license plates shall be inscribed with a Maltese cross emblem12752
designed by the international association of firefighters and12753
approved by the registrar. International association of12754
firefighters license plates shall bear county identification12755
stickers that identify the county of registration by name or12756
number.12757

       The license plates and validation stickers shall be issued12758
upon payment of the regular license fee as prescribed under12759
section 4503.04 of the Revised Code, payment of any local motor12760
vehicle tax levied under Chapter 4504. of the Revised Code, and12761
payment of an additional fee of ten dollars for the purpose of12762
compensating the bureau of motor vehicles for additional services12763
required in the issuing of license plates under this section. If12764
the application for international association of firefighters12765
license plates is combined with a request for a special reserved12766
license plate under section 4503.40 or 4503.42 of the Revised12767
Code, the license plate and validation sticker shall be issued12768
upon payment of the fees and taxes contained in this division and12769
the additional fee prescribed under section 4503.40 or 4503.42 of12770
the Revised Code. The registrar shall deposit the additional fee12771
of ten dollars in the state bureau of motor vehicles fund created12772
by section 4501.25 of the Revised Code.12773

       Whenever a person no longer is eligible to be issued12774
international association of firefighters license plates, the12775
person shall surrender the international association of12776
firefighters license plates to the bureau in exchange for license12777
plates without the Maltese cross emblem described in this section.12778
A fee of five dollars shall be charged for the services required12779
in the issuing of replacement plates when a person no longer is12780
eligible to be issued international association of firefighters12781
license plates.12782

       A person may make application for international association12783
of firefighters license plates at any time of year, and the12784
registrar shall issue international association of firefighters12785
license plates and replacement plates at any time of year.12786

       (B) No person who is not a member in good standing of the12787
international association of firefighters shall willfully and12788
falsely represent that the person is a member in good standing of12789
the international association of firefighters for the purpose of12790
obtaining international association of firefighters license plates12791
under this section. No person shall own or lease a vehicle12792
bearing international association of firefighters license plates12793
unless the person is eligible to be issued international12794
association of firefighters license plates.12795

       (C) Whoever violates division (B) of this section is guilty12796
of a misdemeanor of the fourth degree.12797

       Sec. 4505.101. (A) The owner of any repair garage or place12798
of storage in which a motor vehicle with a value of less than two12799
thousand five hundred dollars has been left unclaimed for fifteen12800
days or more following completion of the requested repair or the12801
agreed term of storage may send by certified mail, return receipt12802
requested, to the last known address of the owner a notice to12803
remove the motor vehicle. If the motor vehicle remains unclaimed12804
by the owner for fifteen days after the mailing of the notice, and12805
the person on whose property the vehicle has been abandoned has12806
received the signed receipt from the certified mail or has been12807
notified that the delivery was not possible, the person shall12808
obtain a certificate of title to the motor vehicle in the person's12809
name in the manner provided in this section.12810

       The owner of the repair garage or place of storage that12811
mailed the notice shall execute an affidavit that all of the12812
requirements of this section necessary to authorize the issuance12813
of a certificate of title for the motor vehicle have been met. The12814
affidavit shall set forth the value of the motor vehicle when12815
unclaimed as determined in accordance with standards fixed by the12816
registrar of motor vehicles; the length of time that the motor12817
vehicle has remained unclaimed; the expenses incurred with the12818
motor vehicle; that a notice to remove the vehicle has been mailed12819
to the titled owner, if known, by certified mail, return receipt12820
requested; and that a search of the records of the bureau of motor12821
vehicles has been made for outstanding liens on the motor vehicle.12822

       No affidavit shall be executed or filed under this section12823
until after a search of the records of the bureau of motor12824
vehicles has been made. If the research reveals any outstanding12825
lien on the motor vehicle, the owner of the repair garage or place12826
of storage of the motor vehicle shall notify the mortgagee or12827
lienholder by certified mail, return receipt requested, stating12828
where the motor vehicle is located and the value of the vehicle.12829
Unless the mortgagee or lienholder claims the motor vehicle within12830
fifteen days from the mailing of the notice, the mortgagee's12831
mortgage or the lienholder's lien shall be invalid.12832

       Upon presentation by the owner of the repair garage or place12833
of storage of the affidavit, showing compliance with all12834
requirements of this section to the clerk of courts of the county12835
in which the repair garage or place of storage is located, the12836
clerk of courts shall issue a certificate of title, free and clear12837
of all liens and encumbrances, to the owner of the place of12838
storage.12839

       The value of the motor vehicle, as determined in accordance12840
with standards fixed by the registrar of motor vehicles, less12841
expenses incurred by the owner of such repair garage or place of12842
storage, shall be paid to the clerk of courts for deposit into the12843
county general fund upon receipt of the certificate of title.12844

       (B)Whoever violates this section shall be fined not more12845
than two hundred dollars, imprisoned not more than ninety days, or12846
both.12847

       Sec. 4505.102.  (A) If a pawnbroker licensed under Chapter 12848
4727. of the Revised Code makes a loan that is secured by a motor 12849
vehicle, watercraft, or outboard motor and has taken possession12850
of the motor vehicle, watercraft, or outboard motor and the 12851
certificate of title to the motor vehicle, watercraft, or12852
outboard motor, and the owner of the motor vehicle, watercraft,12853
or outboard motor fails to redeem or pay interest on the loan12854
for which the motor vehicle, watercraft, or outboard motor was12855
pledged within two months from the date of the loan or the date12856
on which the last interest payment is due, and the pawnbroker12857
notifies the owner by mail, with proof of mailing, as required12858
by division (A) of section 4727.11 of the Revised Code, of the12859
possible forfeiture of the motor vehicle, watercraft, or12860
outboard motor, and the owner fails to redeem the motor vehicle,12861
watercraft, or outboard motor within the thirty-day period 12862
required by that division to be specified in the notice, the12863
pawnbroker shall proceed to obtain a certificate of title to the12864
motor vehicle, watercraft, or outboard motor in the pawnbroker's12865
name in the manner provided in this section.12866

       (B) The pawnbroker shall execute an affidavit stating all of 12867
the following:12868

       (1) That the pawnbroker is a pawnbroker licensed under 12869
Chapter 4727. of the Revised Code;12870

       (2) That the pawnbroker has made a loan to the owner of a 12871
motor vehicle, watercraft, or outboard motor, and the security12872
for the loan is the motor vehicle, watercraft, or outboard12873
motor;12874

       (3) That both the motor vehicle, watercraft, or outboard 12875
motor and the certificate of title to the motor vehicle, 12876
watercraft, or outboard motor are in the possession of the 12877
pawnbroker;12878

       (4) That the owner of the motor vehicle, watercraft, or 12879
outboard motor has failed to redeem the pledged motor vehicle, 12880
watercraft, or outboard motor or pay interest on the loan for 12881
which the motor vehicle, watercraft, or outboard motor was12882
pledged within two months from the date of the loan or the date12883
on which the last interest payment was due;12884

       (5) That the pawnbroker has notified the owner of the motor 12885
vehicle, watercraft, or outboard motor by mail, with proof of 12886
mailing, as required by division (A) of section 4727.11 of the 12887
Revised Code, and the owner has failed to redeem the motor 12888
vehicle, watercraft, or outboard motor within the thirty-day 12889
period required by that division to be specified in the notice.12890

       Upon presentation by the pawnbroker of a copy of the 12891
affidavit, a copy of the pawn form, a copy of the proof of 12892
mailing, and the certificate of title to the motor vehicle, 12893
watercraft, or outboard motor, a clerk of a court of common12894
pleas shall issue, if the record shows no lien or encumbrances12895
exist, a certificate of title, free and clear of all liens and 12896
encumbrances, to the pawnbroker.12897

       (C) No person shall execute or present the affidavit 12898
required by this section, knowing any entry on the affidavit to12899
be false.12900

       (D)Whoever violates this section shall be fined not more12901
than two hundred dollars, imprisoned not more than ninety days, or12902
both.12903

       Sec. 4505.11.  (A) Each owner of a motor vehicle and each 12904
person mentioned as owner in the last certificate of title, when 12905
the motor vehicle is dismantled, destroyed, or changed in such 12906
manner that it loses its character as a motor vehicle, or changed 12907
in such manner that it is not the motor vehicle described in the 12908
certificate of title, shall surrender the certificate of title to 12909
that motor vehicle to a clerk of a court of common pleas, and12910
the clerk, with the consent of any holders of any liens noted 12911
on the certificate of title, then shall enter a cancellation upon12912
the clerk's records and shall notify the registrar of motor12913
vehicles of the cancellation.12914

       Upon the cancellation of a certificate of title in the 12915
manner prescribed by this section, any clerk and the registrar 12916
of motor vehicles may cancel and destroy all certificates and12917
all memorandum certificates in that chain of title.12918

       (B) If an Ohio certificate of title or salvage certificate12919
of title to a motor vehicle is assigned to a salvage dealer, the12920
dealer is not required to obtain an Ohio certificate of title or12921
a salvage certificate of title to the motor vehicle in the12922
dealer's own name if the dealer dismantles or destroys the motor12923
vehicle, indicates the number of the dealer's motor vehicle 12924
salvage dealer's license on it, marks "FOR DESTRUCTION" across 12925
the face of the certificate of title or salvage certificate of 12926
title, and surrenders the certificate of title or salvage 12927
certificate of title to a clerk of a court of common pleas as12928
provided in division (A) of this section. If the salvage dealer12929
retains the motor vehicle for resale, the dealer shall make 12930
application for a salvage certificate of title to the motor 12931
vehicle in the dealer's own name as provided in division (C)(1) of 12932
this section.12933

       (C)(1) When an insurance company declares it economically 12934
impractical to repair such a motor vehicle and has paid an agreed 12935
price for the purchase of the motor vehicle to any insured or 12936
claimant owner, the insurance company shall receive the 12937
certificate of title and the motor vehicle and proceed as follows. 12938
Within thirty days, the insurance company shall deliver the 12939
certificate of title to a clerk of a court of common pleas and12940
shall make application for a salvage certificate of title. The12941
clerk shall issue the salvage certificate of title on a form, 12942
prescribed by the registrar, that shall be easily distinguishable 12943
from the original certificate of title and shall bear the same 12944
number and information as the original certificate of title. 12945
Except as provided in division (C)(2) of this section, the12946
salvage certificate of title shall be assigned by the insurance12947
company to a salvage dealer or any other person for use as12948
evidence of ownership upon the sale or other disposition of the12949
motor vehicle, and the salvage certificate of title shall be12950
transferrable to any other person. The clerk shall charge a fee12951
of four dollars for the cost of processing each salvage12952
certificate of title.12953

       (2) If an insurance company considers a motor vehicle as 12954
described in division (C)(1) of this section to be impossible to 12955
restore for highway operation, the insurance company may assign 12956
the certificate of title to the motor vehicle to a salvage dealer 12957
or scrap metal processing facility and send the assigned 12958
certificate of title to the clerk of the court of common pleas of 12959
the county in which the salvage dealer or scrap metal processing 12960
facility is located. The insurance company shall mark the face 12961
of the certificate of title "FOR DESTRUCTION" and shall deliver12962
a photocopy of the certificate of title to the salvage dealer or 12963
scrap metal processing facility for its records.12964

       (3) If an insurance company declares it economically 12965
impractical to repair a motor vehicle, agrees to pay to the 12966
insured or claimant owner an amount in settlement of a claim 12967
against a policy of motor vehicle insurance covering the motor 12968
vehicle, and agrees to permit the insured or claimant owner to 12969
retain possession of the motor vehicle, the insurance company 12970
shall not pay the insured or claimant owner any amount in 12971
settlement of the insurance claim until the owner obtains a 12972
salvage certificate of title to the vehicle and furnishes a copy 12973
of the salvage certificate of title to the insurance company.12974

       (D) When a self-insured organization, rental or leasing 12975
company, or secured creditor becomes the owner of a motor vehicle 12976
that is burned, damaged, or dismantled and is determined to be 12977
economically impractical to repair, the self-insured 12978
organization, rental or leasing company, or secured creditor 12979
shall do one of the following:12980

       (1) Mark the face of the certificate of title to the motor 12981
vehicle "FOR DESTRUCTION" and surrender the certificate of title 12982
to a clerk of a court of common pleas for cancellation as 12983
described in division (A) of this section. The self-insured 12984
organization, rental or leasing company, or secured creditor then12985
shall deliver the motor vehicle, together with a photocopy of the12986
certificate of title, to a salvage dealer or scrap metal12987
processing facility and shall cause the motor vehicle to be12988
dismantled, flattened, crushed, or destroyed.12989

       (2) Obtain a salvage certificate of title to the motor 12990
vehicle in the name of the self-insured organization, rental or 12991
leasing company, or secured creditor, as provided in division 12992
(C)(1) of this section, and then sell or otherwise dispose of the 12993
motor vehicle. If the motor vehicle is sold, the self-insured 12994
organization, rental or leasing company, or secured creditor 12995
shall obtain a salvage certificate of title to the motor vehicle 12996
in the name of the purchaser from a clerk of a court of common 12997
pleas.12998

       (E) If a motor vehicle titled with a salvage certificate of 12999
title is restored for operation upon the highways, application 13000
shall be made to a clerk of a court of common pleas for a 13001
certificate of title. Upon inspection by the state highway 13002
patrol, which shall include establishing proof of ownership and 13003
an inspection of the motor number and vehicle identification 13004
number of the motor vehicle and of documentation or receipts for 13005
the materials used in restoration by the owner of the motor 13006
vehicle being inspected, which documentation or receipts shall be 13007
presented at the time of inspection, the clerk, upon surrender of 13008
the salvage certificate of title, shall issue a certificate of 13009
title for a fee prescribed by the registrar. The certificate of 13010
title shall be in the same form as the original certificate of 13011
title, shall bear the same number as the salvage certificate of 13012
title and the original certificate of title, and shall bear the 13013
words "REBUILT SALVAGE" in black boldface letters on its face. 13014
Every subsequent certificate of title, memorandum certificate of 13015
title, or duplicate certificate of title issued for the motor 13016
vehicle also shall bear the words "REBUILT SALVAGE" in black 13017
boldface letters on its face. The exact location on the face of 13018
the certificate of title of the words "REBUILT SALVAGE" shall be 13019
determined by the registrar, who shall develop an automated 13020
procedure within the automated title processing system to comply 13021
with this division. The clerk shall use reasonable care in 13022
performing the duties imposed on the clerk by this division in 13023
issuing a certificate of title pursuant to this division, but13024
the clerk is not liable for any of the clerk's errors or13025
omissions or those of the clerk's deputies, or the automated 13026
title processing system in the performance of those duties. A13027
fee of fifty dollars shall be assessed by the state highway 13028
patrol for each inspection made pursuant to this division and 13029
shall be deposited into the state highway safety fund established 13030
by section 4501.06 of the Revised Code.13031

       (F) No person shall operate upon the highways in this state 13032
a motor vehicle, title to which is evidenced by a salvage 13033
certificate of title, except to deliver the motor vehicle 13034
pursuant to an appointment for an inspection under this section.13035

       (G) No motor vehicle the certificate of title to which has 13036
been marked "FOR DESTRUCTION" and surrendered to a clerk of a 13037
court of common pleas shall be used for anything except parts and 13038
scrap metal.13039

       (H)(1) Except as otherwise provided in this division, an 13040
owner of a manufactured or mobile home that will be taxed as real 13041
property pursuant to division (B) of section 4503.06 of the 13042
Revised Code shall surrender the certificate of title to the 13043
auditor of the county containing the taxing district in which the 13044
home is located. An owner whose home qualifies for real property 13045
taxation under divisions (B)(1)(a) and (b) of section 4503.0613046
of the Revised Code shall surrender the certificate within13047
fifteen days after the home meets the conditions specified in13048
those divisions. The auditor shall deliver the certificate of13049
title to the clerk of the court of common pleas who issued it.13050

       (2) If the certificate of title for a manufactured or 13051
mobile home that is to be taxed as real property is held by a 13052
lienholder, the lienholder shall surrender the certificate of13053
title to the auditor of the county containing the taxing district13054
in which the home is located, and the auditor shall deliver the 13055
certificate of title to the clerk of the court of common pleas13056
who issued it. The lienholder shall surrender the certificate13057
within thirty days after both of the following have occurred:13058

       (a) The homeowner has provided written notice to the 13059
lienholder requesting that the certificate of title be 13060
surrendered to the auditor of the county containing the taxing13061
district in which the home is located.13062

       (b) The homeowner has either paid the lienholder the 13063
remaining balance owed to the lienholder, or, with the 13064
lienholder's consent, executed and delivered to the lienholder a 13065
mortgage on the home and land on which the home is sited in the 13066
amount of the remaining balance owed to the lienholder.13067

       (3) Upon the delivery of a certificate of title by the 13068
county auditor to the clerk, the clerk shall inactivate it and13069
retain it for a period of thirty years.13070

       (4) Upon application by the owner of a manufactured or 13071
mobile home that is taxed as real property pursuant to division 13072
(B) of section 4503.06 of the Revised Code and that no longer 13073
satisfies divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and 13074
(b) of that section, the clerk shall reactivate the record of13075
the certificate of title that was inactivated under division13076
(H)(3) of this section and shall issue a new certificate of13077
title, but only if the application contains or has attached to it13078
all of the following:13079

       (a) An endorsement of the county treasurer that all real 13080
property taxes charged against the home under Title LVII of the 13081
Revised Code and division (B) of section 4503.06 of the Revised 13082
Code for all preceding tax years have been paid;13083

       (b) An endorsement of the county auditor that the home will 13084
be removed from the real property tax list;13085

       (c) Proof that there are no outstanding mortgages or other 13086
liens on the home or, if there are such mortgages or other liens, 13087
that the mortgagee or lienholder has consented to the 13088
reactivation of the certificate of title.13089

       (I)(1) Whoever violates division (F) of this section shall13090
be fined not more than two thousand dollars, imprisoned not more13091
than one year, or both.13092

       (2) Whoever violates division (G) of this section shall be13093
fined not more than one thousand dollars, imprisoned not more than13094
six months, or both.13095

       Sec. 4505.111. (A) Every motor vehicle, other than a motor13096
vehicle as provided in divisions (C), (D), and (E) of section13097
4505.11 of the Revised Code, that is assembled from component13098
parts by a person other than the manufacturer, shall be inspected13099
by the state highway patrol prior to issuance of title to the13100
motor vehicle. The inspection shall include establishing proof of13101
ownership and an inspection of the motor number and vehicle13102
identification number of the motor vehicle, and any items of13103
equipment the director of public safety considers advisable and13104
requires to be inspected by rule. A fee of forty dollars in13105
fiscal year 1998 and fifty dollars in fiscal year 1999 and13106
thereafter shall be assessed by the state highway patrol for each13107
inspection made pursuant to this section, and shall be deposited13108
in the state highway safety fund established by section 4501.06 of13109
the Revised Code.13110

       (B)Whoever violates this section shall be fined not more13111
than two thousand dollars, imprisoned not more than one year, or13112
both.13113

       Sec. 4505.15. (A) Manufacturers and importers shall appoint13114
and authorize agents who shall sign manufacturer's or importer's13115
certificates. The registrar of motor vehicles may require that a13116
certified copy of a list containing the names and the facsimile13117
signatures of the authorized agents be furnished himthe registrar13118
and be forwarded to each clerk of the court of common pleas in the13119
respective counties within the state, and the registrar may13120
prescribe the form of authorization to be used by manufacturers or13121
importers and the method of certification of the names of said13122
agents.13123

       (B)Whoever violates this section shall be fined not more13124
than two hundred dollars, imprisoned not more than ninety days, or13125
both.13126

       Sec. 4505.17. (A) Every sheriff, chief of police,13127
constable, state highway patrol trooper, employee of the state13128
highway patrol, and designated officer of the department of public13129
safety, having knowledge of a stolen motor vehicle, immediately13130
shall furnish the registrar of motor vehicles with full13131
information concerning such theft.13132

       Whenever the registrar receives a report of the theft or13133
conversion of a motor vehicle, whether the same has been13134
registered or not and whether owned in this or any other state,13135
the registrar shall make a distinctive record thereof, including13136
the make of the stolen vehicle and its manufacturer's vehicle13137
identification number. The registrar shall prepare a report13138
listing motor vehicles stolen and recovered as disclosed by the13139
reports submitted to the registrar, to be distributed as the13140
registrar determines advisable.13141

       In the event of the receipt from any clerk of the court of13142
common pleas of a copy of a certificate of title to such a motor13143
vehicle, the registrar immediately shall notify the rightful owner13144
thereof and the clerk who issued such certificate of title, and13145
if, upon investigation, it appears that such certificate of title13146
was improperly issued, the registrar immediately shall cancel the13147
certificate.13148

       In the event of the recovery of a stolen or converted motor13149
vehicle, the owner immediately shall notify the registrar, who13150
shall remove the record of the theft or conversion from the13151
registrar's file.13152

       (B)Whoever violates this section shall be fined not more13153
than two hundred dollars, imprisoned not more than ninety days, or13154
both.13155

       Sec. 4505.18.  (A) No person shall do any of the following:13156

       (1) Operate in this state a motor vehicle for which a 13157
certificate of title is required without having that certificate 13158
in accordance with this chapter or, if a physical certificate of 13159
title has not been issued for a motor vehicle, operate the motor13160
vehicle in this state knowing that the ownership information13161
relating to the vehicle has not been entered into the automated13162
title processing system by a clerk of a court of common pleas;13163

       (2) Display or display for sale or sell as a dealer or 13164
acting on behalf of a dealer, a motor vehicle without having 13165
obtained a manufacturer's or importer's certificate, a 13166
certificate of title, or an assignment of a certificate of title13167
for it as provided in this chapter;13168

       (3) Fail to surrender any certificate of title or any 13169
certificate of registration or license plates upon cancellation 13170
of the same by the registrar of motor vehicles and notice of the13171
cancellation as prescribed in this chapter;13172

       (4) Fail to surrender the certificate of title to a clerk13173
of a court of common pleas as provided in this chapter in case13174
of the destruction or dismantling or change of a motor vehicle13175
in such respect that it is not the motor vehicle described in13176
the certificate of title;13177

       (5) Violate any rules adopted pursuant to this chapter;13178

       (6) Except as otherwise provided in this chapter and 13179
Chapter 4517. of the Revised Code, sell at wholesale a motor 13180
vehicle the ownership of which is not evidenced by an Ohio 13181
certificate of title, or the current certificate of title issued 13182
for the motor vehicle, or the manufacturer's certificate of 13183
origin, and all title assignments that evidence the seller's 13184
ownership of the motor vehicle, and an odometer disclosure 13185
statement that complies with section 4505.06 of the Revised Code 13186
and subchapter IV of the "Motor Vehicle Information and Cost 13187
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;13188

       (7) Operate in this state a motor vehicle knowing that the 13189
certificate of title to the vehicle or ownership of the vehicle13190
as otherwise reflected in the automated title processing system13191
has been canceled.13192

       (B) This section does not apply to persons engaged in the 13193
business of warehousing or transporting motor vehicles for the 13194
purpose of salvage disposition.13195

       (C)Whoever violates this section shall be fined not more13196
than two hundred dollars, imprisoned not more than ninety days, or13197
both.13198

       Sec. 4505.19. (A) No person shall do any of the following:13199

       (A)(1) Procure or attempt to procure a certificate of title 13200
or a salvage certificate of title to a motor vehicle, or pass or 13201
attempt to pass a certificate of title, a salvage certificate of 13202
title, or any assignment of a certificate of title or salvage13203
certificate of title to a motor vehicle, or in any other manner13204
gain or attempt to gain ownership to a motor vehicle, knowing or 13205
having reason to believe that the motor vehicle or any part of 13206
the motor vehicle has been acquired through commission of a13207
theft offense as defined in section 2913.01 of the Revised Code;13208

       (B)(2) Purport to sell or transfer a motor vehicle without 13209
delivering to the purchaser or transferee of it a certificate 13210
of title, a salvage certificate of title, or a manufacturer's or 13211
importer's certificate to it, assigned to the purchaser as 13212
provided for in this chapter, except as otherwise provided in13213
this chapter;13214

       (C)(3) With intent to defraud, possess, sell, offer to sell, 13215
counterfeit, or supply a blank, forged, fictitious, counterfeit, 13216
stolen, or fraudulently or unlawfully obtained certificate of 13217
title, registration, bill of sale, or other instruments of 13218
ownership of a motor vehicle, or conspire to do any of the 13219
foregoing;13220

       (D)(4) Knowingly obtain goods, services, credit, or money by 13221
means of an invalid, fictitious, forged, counterfeit, stolen, or 13222
unlawfully obtained original or duplicate certificate of title, 13223
registration, bill of sale, or other instrument of ownership of a 13224
motor vehicle;13225

       (E)(5) Knowingly obtain goods, services, credit, or money by 13226
means of a certificate of title to a motor vehicle, which is 13227
required to be surrendered to the registrar of motor vehicles or 13228
the clerk of the court of common pleas as provided in this 13229
chapter.13230

       (B)Whoever violates this section shall be fined not more13231
than five thousand dollars or imprisoned in the county jail or13232
workhouse not less than six months nor more than one year, or13233
both, or in a state correctional institution not less than one13234
year nor more than five years.13235

       Sec. 4505.20.  (A) Notwithstanding division (A)(2) of 13236
section 4505.18 of the Revised Code or any other provision of 13237
this chapter or Chapter 4517. of the Revised Code, a secured13238
party may designate any dealer to display, display for sale, or13239
sell a manufactured or mobile home if the home has come into13240
the possession of that secured party by a default in the terms13241
of a security instrument and the certificate of title remains13242
in the name and possession of the secured party.13243

       (B) Notwithstanding division (A)(2) of section 4505.18 of 13244
the Revised Code or any other provision of this chapter or13245
Chapter 4517. of the Revised Code, the owner of a recreational13246
vehicle or a secured party of a recreational vehicle who has13247
come into possession of the vehicle by a default in the terms13248
of a security instrument, may designate any dealer to display,13249
display for sale, or sell the vehicle while the certificate of13250
title remains in the possession of the owner or secured party.13251
No dealer may display or offer for sale more than five13252
recreational vehicles at any time under this division. No 13253
dealer may display or offer for sale a recreational vehicle13254
under this division unless the dealer maintains insurance or13255
the bond of a surety company authorized to transact business 13256
within this state in an amount sufficient to satisfy the fair 13257
market value of the vehicle.13258

       (C) The registrar of motor vehicles may adopt rules in 13259
accordance with Chapter 119. of the Revised Code prescribing the 13260
maximum number of manufactured or mobile homes that have come into 13261
the possession of a secured party by a default in the terms of a 13262
security instrument that any dealer may display or offer for sale 13263
at any time. The registrar may adopt other reasonable rules 13264
regarding the resale of such manufactured homes, mobile homes,13265
and recreational vehicles that the registrar considers13266
necessary.13267

       (D) The secured party or owner shall provide the dealer 13268
with written authorization to display, display for sale, or sell13269
the manufactured home, mobile home, or recreational vehicle. The 13270
dealer shall show and explain the written authorization to any 13271
prospective purchaser. The written authorization shall contain 13272
the vehicle identification number, make, model, year of 13273
manufacture, and physical description of the manufactured home, 13274
mobile home, or recreational vehicle that is provided to the 13275
dealer.13276

       (E) As used in this section, "dealer" means a new motor 13277
vehicle dealer that is licensed under Chapter 4517. of the13278
Revised Code.13279

       (F) Whoever violates this section shall be fined not more13280
than two hundred dollars, imprisoned not more than ninety days, or13281
both.13282

       Sec. 4505.21.  (A) As used in this section:13283

       (1) "Certified receipt of title cancellation" means a form13284
prescribed by the registrar of motor vehicles for use under this13285
section that shall include all of the following:13286

       (a) The name of the owner who surrenders a certificate of13287
title to a vehicle intended to be exported;13288

       (b) A description of the motor vehicle that shall include13289
the year, make, model, style, vehicle identification number,13290
color, license registration number, and the state of registration;13291

       (c) The destination of the motor vehicle;13292

       (d) Whether the purpose of the export is for sale, lease,13293
personal use, or other specified use;13294

       (e) Such other information as the registrar determines to be13295
appropriate.13296

       (2) A "declaration of temporary export" means a form13297
prescribed by the registrar that includes all of the following:13298

       (a) The items specified in divisions (A)(1)(a) to (e) of13299
this section;13300

       (b) A statement that the vehicle will not be permanently13301
located outside of the United States and that the owner intends to13302
return the vehicle to the United States;13303

       (c) The period of time for which it is anticipated that the13304
motor vehicle will be located outside of the United States.13305

       (3) "Export" means the shipping or transportation of a motor13306
vehicle from any point inside the United States to a point outside13307
of the United States. "Export" does not include operating the13308
motor vehicle by means of its own power or that of a motor vehicle13309
drawing or towing it unless the purpose of the owner is to avoid13310
compliance with division (B) or (C) of this section.13311

       (4) "Owner" means the person named on a certificate of title13312
issued by this state as the owner or assignee of the owner of the13313
motor vehicle for which the certificate of title has been issued13314
and includes any person who is lawfully entitled to the issuance13315
of a new certificate of title to the motor vehicle naming the13316
person as owner of the vehicle or who is lawfully entitled to13317
surrender the certificate of title under this section. "Owner"13318
includes a secured party who exports or permits the export of a13319
motor vehicle in the exercise of the secured party's rights and13320
powers under the security agreement.13321

       (B) No owner of a motor vehicle who exports or permits the13322
export of the motor vehicle for permanent location outside of the13323
United States shall do any of the following:13324

       (1) Fail to surrender the certificate of title to the motor13325
vehicle to the registrar prior to the date that the motor vehicle13326
is delivered to any person for export;13327

       (2) Knowingly fail to surrender the certificate of title to13328
the motor vehicle to the registrar prior to the date that the13329
motor vehicle is delivered to any person for export.13330

       (C) No owner of a motor vehicle who exports or permits the13331
export of the motor vehicle for temporary location outside of the13332
United States shall do any of the following:13333

       (1) Fail to file a declaration of temporary export with the13334
registrar prior to the date that the motor vehicle is delivered to13335
any person for export;13336

       (2) Purposely fail to file a declaration of temporary export13337
with the registrar prior to the date that the motor vehicle is13338
delivered to any person for export in order to facilitate the13339
commission of a conspiracy, attempt, complicity, or theft offense13340
related to the title of a motor vehicle or the proceeds of a motor13341
vehicle insurance policy.13342

       (D)(1) Proof that the defendant acted in good faith and13343
surrendered the certificate of title to the registrar within a13344
reasonable time after delivery of the motor vehicle for export is13345
an affirmative defense to a prosecution under division (B)(1) of13346
this section.13347

       (2) Proof that the defendant acted in good faith and filed a13348
declaration of temporary export with the registrar within a13349
reasonable time after delivery of the motor vehicle for export is13350
an affirmative defense to a prosecution under division (C)(1) of13351
this section.13352

       (E) The registrar shall prescribe forms to be signed by the13353
owner who surrenders a certificate of title for cancellation under13354
this section and by all secured parties whose uncanceled security13355
interests are noted on the certificate. The form shall indicate13356
the person to whom a certified receipt of title cancellation is to13357
be delivered and any security interests that are to be noted on13358
the certified receipt of title cancellation. The registrar shall13359
inspect the title surrender form and the certificate of title to13360
determine whether any uncanceled security interests have been13361
noted on the title under section 4505.13 of the Revised Code and13362
whether the person exporting the vehicle is the lawful owner. If13363
the registrar determines that the certificate is in proper order13364
and that all secured parties having uncanceled security interests13365
noted on the certificate have consented to the surrender of the13366
certificate, the registrar shall issue a certified receipt of13367
title to the owner with such notation of security interests as13368
shall be requested upon the title surrender form.13369

       (F) The registrar shall record a declaration of temporary13370
export filed under division (B)(2) of this section and retain it13371
with the records of the certificate of title until the owner13372
notifies the registrar, on a form prescribed by the registrar,13373
that the motor vehicle has been returned to the United States.13374

       (G)(1) Whoever violates division (B)(1) or (C)(1) of this13375
section is guilty of a misdemeanor of the first degree.13376

       (2) Whoever violates division (B)(2) or (C)(2) of this13377
section is guilty of a felony of the fifth degree.13378

       Sec. 4505.99. (A) Whoever violates division (G) of section13379
4505.11 of the Revised Code shall be fined not more than one13380
thousand dollars, imprisoned not more than six months, or both.13381

       (B) Whoever violates division (F) of section 4505.11 or13382
section 4505.111 of the Revised Code shall be fined not more than13383
two thousand dollars or imprisoned not more than one year, or13384
both.13385

       (C) Whoever violates any provision of sections 4505.01 to13386
4505.21 of the Revised Code for which no penalty is otherwise is13387
provided in thisthe section that contains the provision violated13388
shall be fined not more than two hundred dollars, imprisoned not13389
more than ninety days, or both.13390

       (D) Whoever violates section 4505.19 of the Revised Code13391
shall be fined not more than five thousand dollars or imprisoned13392
in the county jail or workhouse not less than six months nor more13393
than one year, or both, or in a state correctional institution not13394
less than one nor more than five years.13395

       (E) Whoever violates division (B)(1) or (C)(1) of section13396
4505.21 of the Revised Code is guilty of a misdemeanor of the13397
first degree.13398

       (F) Whoever violates division (B)(2) or (C)(2) of section13399
4505.21 of the Revised Code is guilty of a felony of the fifth13400
degree.13401

       Sec. 4506.01.  As used in this chapter:13402

       (A) "Alcohol concentration" means the concentration of13403
alcohol in a person's blood, breath, or urine. When expressed as13404
a percentage, it means grams of alcohol per the following:13405

       (1) One hundred milliliters of whole blood, blood serum, or13406
blood plasma;13407

       (2) Two hundred ten liters of breath;13408

       (3) One hundred milliliters of urine.13409

       (B) "School bus" has the same meaning as in section 4511.0113410
of the Revised Code.13411

       (C) "Commercial driver's license" means a license issued in13412
accordance with this chapter that authorizes an individual to13413
drive a commercial motor vehicle.13414

       (D) "Commercial driver license information system" means the13415
information system established pursuant to the requirements of the13416
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13417
49 U.S.C.A. App. 2701.13418

       (E) Except when used in section 4506.25 of the Revised Code,13419
"commercial motor vehicle" means any motor vehicle designed or13420
used to transport persons or property that meets any of the13421
following qualifications:13422

       (1) Any combination of vehicles with a combined gross13423
vehicle weight rating of twenty-six thousand one pounds or more,13424
provided the gross vehicle weight rating of the vehicle or13425
vehicles being towed is in excess of ten thousand pounds;13426

       (2) Any single vehicle with a gross vehicle weight rating of13427
twenty-six thousand one pounds or more, or any such vehicle towing13428
a vehicle having a gross vehicle weight rating that is not in13429
excess of ten thousand pounds;13430

       (3) Any single vehicle or combination of vehicles that is13431
not a class A or class B vehicle, but that either is designed to13432
transport sixteen or more passengers including the driver, or is13433
placarded for hazardous materials;13434

       (4) Any school bus with a gross vehicle weight rating of13435
less than twenty-six thousand one pounds that is designed to13436
transport fewer than sixteen passengers including the driver;13437

       (5) Is transporting hazardous materials for which placarding13438
is required by regulations adopted under the "Hazardous Materials13439
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13440
amended;13441

       (6) Any single vehicle or combination of vehicles that is13442
designed to be operated and to travel on a public street or13443
highway and is considered by the federal highway administration to13444
be a commercial motor vehicle, including, but not limited to, a13445
motorized crane, a vehicle whose function is to pump cement, a rig13446
for drilling wells, and a portable crane.13447

       (F) "Controlled substance" means all of the following:13448

       (1) Any substance classified as a controlled substance under13449
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.13450
802(6), as amended;13451

       (2) Any substance included in schedules I through V of 2113452
C.F.R. part 1308, as amended;13453

       (3) Any drug of abuse.13454

       (G) "Conviction" means an unvacated adjudication of guilt or13455
a determination that a person has violated or failed to comply13456
with the law in a court of original jurisdiction or an authorized13457
administrative tribunal, an unvacated forfeiture of bail or13458
collateral deposited to secure the person's appearance in court,13459
the payment of a fine or court cost, or violation of a condition13460
of release without bail, regardless of whether or not the penalty13461
is rebated, suspended, or probated.13462

       (H) "Disqualification" means withdrawal of the privilege to13463
drive a commercial motor vehicle.13464

       (I) "Drive" means to drive, operate, or be in physical13465
control of a motor vehicle.13466

       (J) "Driver" means any person who drives, operates, or is in13467
physical control of a commercial motor vehicle or is required to13468
have a commercial driver's license.13469

       (K) "Driver's license" means a license issued by the bureau13470
of motor vehicles that authorizes an individual to drive.13471

       (L) "Drug of abuse" means any controlled substance,13472
dangerous drug as defined in section 4729.01 of the Revised Code,13473
or over-the-counter medication that, when taken in quantities13474
exceeding the recommended dosage, can result in impairment of13475
judgment or reflexes.13476

       (M) "Employer" means any person, including the federal13477
government, any state, and a political subdivision of any state,13478
that owns or leases a commercial motor vehicle or assigns a person13479
to drive such a motor vehicle.13480

       (N) "Endorsement" means an authorization on a person's13481
commercial driver's license that is required to permit the person13482
to operate a specified type of commercial motor vehicle.13483

       (O) "Felony" means any offense under federal or state law13484
that is punishable by death or specifically classified as a felony13485
under the law of this state, regardless of the penalty that may be13486
imposed.13487

       (P) "Foreign jurisdiction" means any jurisdiction other than13488
a state.13489

       (Q) "Gross vehicle weight rating" means the value specified13490
by the manufacturer as the maximum loaded weight of a single or a13491
combination vehicle. The gross vehicle weight rating of a13492
combination vehicle is the gross vehicle weight rating of the13493
power unit plus the gross vehicle weight rating of each towed13494
unit.13495

       (R) "Hazardous materials" means materials identified as such13496
under regulations adopted under the "Hazardous Materials13497
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as13498
amended.13499

       (S) "Motor vehicle" has the same meaning as in section13500
4511.01 of the Revised Code.13501

       (T) Except when used in sections 4506.25 and 4506.26 of the13502
Revised Code, "out-of-service order" means a temporary prohibition13503
against driving a commercial motor vehicle issued under this13504
chapter or a similar law of another state or of a foreign13505
jurisdiction.13506

       (U) "Residence" means any person's residence determined in13507
accordance with standards prescribed in rules adopted by the13508
registrar.13509

       (V) "Temporary residence" means residence on a temporary13510
basis as determined by the registrar in accordance with standards13511
prescribed in rules adopted by the registrar.13512

       (W) "Serious traffic violation" means a conviction arising13513
from the operation of a commercial motor vehicle that involves any13514
of the following:13515

       (1) A single charge of any speed that is in excess of the13516
posted speed limit by an amount specified by the United States13517
secretary of transportation and that the director of public safety13518
designates as such by rule;13519

       (2) Violation of section 4511.20, 4511.201, or 4511.202 of13520
the Revised Code or any similar ordinance or resolution, or of any13521
similar law of another state or political subdivision of another13522
state;13523

       (3) Violation of a law of this state or an ordinance or13524
resolution relating to traffic control, other than a parking13525
violation, or of any similar law of another state or political13526
subdivision of another state, that results in a fatal accident;13527

       (4) Violation of any other law of this state or an ordinance13528
or resolution relating to traffic control, other than a parking13529
violation, that is determined to be a serious traffic violation by13530
the United States secretary of transportation and the director13531
designates as such by rule.13532

       (X) "State" means a state of the United States and includes13533
the District of Columbia.13534

       (Y) "Tank vehicle" means any commercial motor vehicle that13535
is designed to transport any liquid and has a maximum capacity13536
greater than one hundred nineteen gallons or is designed to13537
transport gaseous materials and has a water capacity greater than13538
one thousand pounds within a tank that is either permanently or13539
temporarily attached to the vehicle or its chassis. "Tank13540
vehicle" does not include either of the following:13541

       (1) Any portable tank having a rated capacity of less than13542
one thousand gallons;13543

       (2) Tanks used exclusively as a fuel tank for the motor13544
vehicle to which it is attached.13545

       (Z) "United States" means the fifty states and the District13546
of Columbia.13547

       (AA) "Vehicle" has the same meaning as in section 4511.01 of13548
the Revised Code.13549

       (BB) "Peace officer" has the same meaning as in section13550
2935.01 of the Revised Code.13551

       (CC) "Portable tank" means a liquid or gaseous packaging13552
designed primarily to be loaded on or temporarily attached to a13553
vehicle and equipped with skids, mountings, or accessories to13554
facilitate handling of the tank by mechanical means.13555

       Sec. 4506.02.  (A) Nothing in this chapter applies to any13556
person when engaged in the operation of any of the following:13557

       (1) A farm truck;13558

       (2) Fire equipment for a fire department, volunteer or13559
nonvolunteer fire company, fire district, or joint fire district;13560

       (3) A public safety vehicle used to provide transportation13561
or emergency medical service for ill or injured persons;13562

       (4) A recreational vehicle;13563

       (5) A commercial motor vehicle within the boundaries of an13564
eligible unit of local government, if the person is employed by13565
the eligible unit of local government and is operating the13566
commercial motor vehicle for the purpose of removing snow or ice13567
from a roadway by plowing, sanding, or salting, but only if either13568
the employee who holds a commercial driver's license issued under13569
this chapter and ordinarily operates a commercial motor vehicle13570
for these purposes is unable to operate the vehicle, or the13571
employing eligible unit of local government determines that a snow13572
or ice emergency exists that requires additional assistance;13573

       (6) A vehicle owned by the department of defense and13574
operated by any member or uniformed employee of the armed forces13575
of the United States or their reserve components, including the13576
Ohio national guard. This exception does not apply to United13577
States reserve technicians.13578

       (7) A commercial motor vehicle that is operated for13579
nonbusiness purposes. "Operated for nonbusiness purposes" means13580
that the commercial motor vehicle is not used in commerce as13581
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not13582
regulated by the public utilities commission pursuant to Chapter13583
4919., 4921., or 4923. of the Revised Code.13584

       (8)A motor vehicle that is designed primarily for the13585
transportation of goods and not persons, while that motor vehicle13586
is being used for the occasional transportation of personal13587
property by individuals not for compensation and not in the13588
furtherance of a commercial enterprise.13589

       (B) Nothing contained in division (A)(5) of this section13590
shall be construed as preempting or superseding any law, rule, or13591
regulation of this state concerning the safe operation of13592
commercial motor vehicles.13593

       (B)(C) As used in this section:13594

       (1) "Eligible unit of local government" means a village,13595
township, or county that has a population of not more than three13596
thousand persons according to the most recent federal census.13597

       (2) "Farm truck" means a truck controlled and operated by a13598
farmer for use in the transportation to or from a farm, for a13599
distance of no more than one hundred fifty miles, of products of13600
the farm, including livestock and its products, poultry and its13601
products, floricultural and horticultural products, and in the13602
transportation to the farm, from a distance of no more than one13603
hundred fifty miles, of supplies for the farm, including tile,13604
fence, and every other thing or commodity used in agricultural,13605
floricultural, horticultural, livestock, and poultry production,13606
and livestock, poultry, and other animals and things used for13607
breeding, feeding, or other purposes connected with the operation13608
of the farm, when the truck is operated in accordance with this13609
division and is not used in the operations of a motor13610
transportation company or private motor carrier.13611

       (3) "Public safety vehicle" has the same meaning as in13612
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.13613

       (4) "Recreational vehicle" includes every vehicle that is13614
defined as a recreational vehicle in section 4501.01 of the13615
Revised Code and is used exclusively for purposes other than13616
engaging in business for profit.13617

       Sec. 4506.03.  (A) On and after April 1, 1992, the following13618
shall apply:13619

       (1) No person shall drive a commercial motor vehicle on a13620
highway in this state unless hethe person holds a valid13621
commercial driver's license with proper endorsements for the motor13622
vehicle being driven, issued by the registrar of motor vehicles, a13623
valid examiner's commercial driving permit issued under section13624
4506.13 of the Revised Code, a valid restricted commercial13625
driver's license and waiver for farm-related service industries13626
issued under section 4506.24 of the Revised Code, or a valid13627
commercial driver's license temporary instruction permit issued by13628
the registrar and is accompanied by an authorized state driver's13629
license examiner or tester or a person who has been issued and has13630
in histhe person's immediate possession a current, valid13631
commercial driver's license with proper endorsements for the motor13632
vehicle being driven.13633

       (2) No person shall be issued a commercial driver's license13634
until hethe person surrenders to the registrar of motor vehicles13635
all valid licenses issued to himthe person by another13636
jurisdiction recognized by this state. All surrendered licenses13637
shall be returned by the registrar to the issuing authority.13638

       (3) No person who has been a resident of this state for13639
thirty days or longer shall drive a commercial motor vehicle under13640
the authority of a commercial driver's license issued by another13641
jurisdiction.13642

       (B) As used in this section and in section 4506.09 of the13643
Revised Code, "tester" means a person or entity acting pursuant to13644
a valid agreement entered into under division (B) of section13645
4506.09 of the Revised Code.13646

       (C)Whoever violates this section is guilty of a misdemeanor13647
of the first degree.13648

       Sec. 4506.04.  (A) No person shall do any of the following:13649

       (1) Drive a commercial motor vehicle while having in histhe13650
person's possession or otherwise under histhe person's control13651
more than one valid driver's license issued by this state, any13652
other state, or by a foreign jurisdiction;13653

       (2) Drive a commercial motor vehicle on a highway in this13654
state in violation of an out-of-service order, while histhe13655
person's driving privilege is suspended, revoked, or canceled, or13656
while hethe person is subject to disqualification;13657

       (3) Drive a motor vehicle on a highway in this state under13658
authority of a commercial driver's license issued by another state13659
or a foreign jurisdiction, after having been a resident of this13660
state for thirty days or longer;13661

       (4) Knowingly give false information in any application or13662
certification required by section 4506.07 of the Revised Code.13663

       (B) The department of public safety shall give every13664
conviction occurring out of this state and notice of which is13665
received after December 31, 1989, full faith and credit and treat13666
it for sanctioning purposes under this chapter as though the13667
conviction had occurred in this state.13668

       (C)(1) Whoever violates division (A)(1), (2), or (3) of this13669
section is guilty of a misdemeanor of the first degree.13670

       (2) Whoever violates division (A)(4) of this section is13671
guilty of falsification, a misdemeanor of the first degree. In13672
addition, the provisions of section 4507.19 of the Revised Code13673
apply.13674

       Sec. 4506.05. (A) Notwithstanding any other provision of13675
law, a person may drive a commercial motor vehicle on a highway in13676
this state if all of the following conditions are met:13677

       (A) He(1)The person has a valid commercial driver's13678
license or commercial driver's license temporary instruction13679
permit issued by any state in accordance with the minimum13680
standards adopted by the federal highway administration under the13681
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,13682
49 U.S.C.A. App. for issuance of commercial drivers' licenses;13683

       (B) His(2)The person's commercial driver's license or13684
permit is not suspended, revoked, or canceled;13685

       (C) He(3)The person is not disqualified from driving a13686
commercial motor vehicle;13687

       (D) He(4)The person is not subject to an out-of-service13688
order.13689

       (B)Whoever violates this section is guilty of a misdemeanor13690
of the first degree.13691

       Sec. 4506.06. (A) The registrar of motor vehicles, upon13692
receiving an application for a commercial driver's temporary13693
instruction permit, may issue the permit to any person who is at13694
least eighteen years of age and holds a valid driver's license,13695
other than a restricted license, issued under Chapter 4507. of the13696
Revised Code. A commercial driver's temporary instruction permit13697
shall not be issued for a period exceeding six months and only one13698
renewal of a permit shall be granted in a two-year period.13699

       The holder of a commercial driver's temporary instruction13700
permit, unless otherwise disqualified, may drive a commercial13701
motor vehicle when having the permit in the holder's actual13702
possession and accompanied by a person who holds a valid13703
commercial driver's license valid for the type of vehicle being13704
driven and who occupies a seat beside the permit holder for the13705
purpose of giving instruction in driving the motor vehicle.13706

       (B)Whoever violates this section is guilty of a misdemeanor13707
of the first degree.13708

       Sec. 4506.10.  (A) No person who holds a valid commercial13709
driver's license shall drive a commercial motor vehicle unless 13710
the person is physically qualified to do so. Each person who13711
drives or expects to drive a commercial motor vehicle in13712
interstate or foreign commerce or is otherwise subject to 4913713
C.F.R. 391, et seq., as amended, shall certify to the registrar of13714
motor vehicles at the time of application for a commercial13715
driver's license that the person is in compliance with these13716
standards. Any person who is not subject to 49 C.F.R. 391, et13717
seq., as amended, also shall certify at the time of application13718
that the person is not subject to these standards.13719

       (B) A person is qualified to drive a class B commercial13720
motor vehicle with a school bus endorsement, if the person has13721
been certified as medically qualified in accordance with rules13722
adopted by the department of education.13723

       (C)(1) Except as provided in division (C)(2) of this13724
section, any medical examination required by this section shall be13725
performed only by one of the following:13726

       (a) A person licensed under Chapter 4731. of the Revised13727
Code to practice medicine or surgery or osteopathic medicine and13728
surgery in this state, or licensed under any similar law of13729
another state;13730

       (b) A person licensed as a physician assistant under Chapter13731
4730. of the Revised Code who practices under the supervision and13732
direction of a physician as required under that chapter and who is13733
authorized by the supervising physician to perform such a medical13734
examination;13735

       (c) A person who is a certified nurse practitioner or a13736
clinical nurse specialist licensed under Chapter 4723. of the13737
Revised Code who is practicing in accordance with a standard care13738
arrangement pursuant to section 4723.431 of the Revised Code.13739

       (2) Any part of an examination required by this section13740
that pertains to visual acuity, field of vision, and the ability13741
to recognize colors may be performed by a person licensed under13742
Chapter 4725. of the Revised Code to practice optometry in this13743
state, or licensed under any similar law of another state.13744

       (D) Whenever good cause appears, the registrar, upon issuing13745
a commercial driver's license under this chapter, may impose13746
restrictions suitable to the licensee's driving ability with13747
respect to the type of motor vehicle or special mechanical control13748
devices required on a motor vehicle that the licensee may13749
operate, or such other restrictions applicable to the licensee as13750
the registrar determines to be necessary.13751

       The registrar may either issue a special restricted license13752
or may set forth the restrictions upon the usual license form the13753
restrictions imposed.13754

       The registrar, upon receiving satisfactory evidence of any13755
violation of the restrictions of the license, may suspend or13756
revoke itimpose a class D license suspension of the license for13757
the period of time specified in division (B)(4) of section 4510.0213758
of the Revised Code.13759

       The registrar, upon receiving satisfactory evidence that an13760
applicant or holder of a commercial driver's license has violated13761
division (A)(4) of section 4506.04 of the Revised Code and13762
knowingly given false information in any application or13763
certification required by section 4506.07 of the Revised Code,13764
shall cancel the commercial driver's license of the person or any13765
pending application from the person for a commercial driver's13766
license or class D driver's license for a period of at least sixty13767
days, during which time no application for a commercial driver's13768
license or class D driver's license shall be received from the13769
person.13770

       (E)Whoever violates this section is guilty of a misdemeanor13771
of the first degree.13772

       Sec. 4506.11.  (A) Every commercial driver's license shall13773
be marked "commercial driver's license" or "CDL" and shall be of13774
such material and so designed as to prevent its reproduction or13775
alteration without ready detection, and, to this end, shall be13776
laminated with a transparent plastic material. The commercial13777
driver's license for licensees under twenty-one years of age shall13778
have characteristics prescribed by the registrar of motor vehicles13779
distinguishing it from that issued to a licensee who is twenty-one13780
years of age or older. Every commercial driver's license shall13781
display all of the following information:13782

       (1) The name and residence address of the licensee;13783

       (2) A color photograph of the licensee;13784

       (3) A physical description of the licensee, including sex,13785
height, weight, and color of eyes and hair;13786

       (4) The licensee's date of birth;13787

       (5) The licensee's social security number if the person has13788
requested that the number be displayed in accordance with section13789
4501.31 of the Revised Code or if federal law requires the social13790
security number to be displayed and any number or other identifier13791
the director of public safety considers appropriate and13792
establishes by rules adopted under Chapter 119. of the Revised13793
Code and in compliance with federal law.13794

       (6) The licensee's signature;13795

       (7) The classes of commercial motor vehicles the licensee is13796
authorized to drive and any endorsements or restrictions relating13797
to the licensee's driving of those vehicles;13798

       (8) A space marked "blood type" in which the licensee may13799
specify the licensee's blood type;13800

       (9) The name of this state;13801

       (10) The dates of issuance and of expiration of the license;13802

       (11) If the licensee has certified willingness to make an13803
anatomical donation under section 2108.04 of the Revised Code, any13804
symbol chosen by the registrar of motor vehicles to indicate that13805
the licensee has certified that willingness;13806

       (12) If the licensee has executed a durable power of13807
attorney for health care or a declaration governing the use or13808
continuation, or the withholding or withdrawal, of life-sustaining13809
treatment and has specified that the licensee wishes the license13810
to indicate that the licensee has executed either type of13811
instrument, any symbol chosen by the registrar to indicate that13812
the licensee has executed either type of instrument;13813

       (13) Any other information the registrar considers advisable13814
and requires by rule.13815

       (B) The registrar may establish and maintain a file of13816
negatives of photographs taken for the purposes of this section.13817

       (C) Neither the registrar nor any deputy registrar shall13818
issue a commercial driver's license to anyone under twenty-one13819
years of age that does not have the characteristics prescribed by13820
the registrar distinguishing it from the commercial driver's13821
license issued to persons who are twenty-one years of age or13822
older.13823

       (D)Whoever violates division (C) of this section is guilty13824
of a minor misdemeanor.13825

       Sec. 4506.12.  (A) Commercial drivers' licenses shall be13826
issued in the following classes and shall include any endorsements13827
and restrictions that are applicable. Subject to any such13828
endorsements and restrictions, the holder of a valid commercial13829
driver's license may drive all commercial motor vehicles in the13830
class for which that license is issued and all lesser classes of13831
vehicles, except that hethe holder shall not operate a motorcycle13832
unless hethe holder is licensed to do so under Chapter 4507. of13833
the Revised Code.13834

       (B) The classes of commercial drivers' licenses and the13835
commercial motor vehicles that they authorize the operation of are13836
as follows:13837

       (1) Class A--any combination of vehicles with a combined13838
gross vehicle weight rating of twenty-six thousand one pounds or13839
more, if the gross vehicle weight rating of the vehicle or13840
vehicles being towed is in excess of ten thousand pounds.13841

       (2) Class B--any single vehicle with a gross vehicle weight13842
rating of twenty-six thousand one pounds or more or any such13843
vehicle towing a vehicle having a gross vehicle weight rating that13844
is not in excess of ten thousand pounds.13845

       (3) Class C--any single vehicle, or combination of vehicles,13846
that is not a class A or class B vehicle, but that either is13847
designed to transport sixteen or more passengers, including the13848
driver, or is placarded for hazardous materials and any school bus13849
with a gross vehicle weight rating of less than twenty-six13850
thousand one pounds that is designed to transport fewer than13851
sixteen passengers including the driver.13852

       (C) The following endorsements and restrictions apply to13853
commercial drivers' licenses:13854

       (1) H--authorizes the driver to drive a vehicle transporting13855
hazardous materials;13856

       (2) K--restricts the driver to only intrastate operation;13857

       (3) L--restricts the driver to vehicles not equipped with13858
air brakes;13859

       (4) T--authorizes the driver to drive double and triple13860
trailers;13861

       (5) P--authorizes the driver to drive vehicles carrying13862
passengers;13863

       (6) P1--authorizes the driver to drive class A vehicles with13864
fewer than fifteen passengers and all lesser classes of vehicles13865
without restriction as to the number of passengers;13866

       (7) P2--authorizes the driver to drive class A or B vehicles13867
with fewer than fifteen passengers and all lesser classes of13868
vehicles without restriction as to the number of passengers;13869

       (8) P3--restricts the driver to driving class B school13870
buses;13871

       (9) P4--Restricts the driver to driving class C school buses13872
designed to transport fewer than sixteen passengers including the13873
driver.13874

       (10) N--authorizes the driver to drive tank vehicles;13875

       (11) S--authorizes the driver to drive school buses;13876

       (12) X--authorizes the driver to drive tank vehicles13877
transporting hazardous materials;13878

       (13) W--restricts the driver to the operation of commercial13879
motor vehicles in accordance with a waiver for farm-related13880
service industries issued under section 4506.24 of the Revised13881
Code.13882

       (D) No person shall drive any commercial motor vehicle for13883
which an endorsement is required under this section unless the13884
proper endorsement appears on the person's commercial driver's13885
license.13886

       (E)Whoever violates this section is guilty of a misdemeanor13887
of the first degree.13888

       Sec. 4506.14.  (A) Commercial driver's licenses shall expire13889
as follows:13890

       (1) Except as provided in division (A)(3) of this section,13891
each such license issued to replace an operator's or chauffeur's13892
license shall expire on the original expiration date of the13893
operator's or chauffeur's license and, upon renewal, shall expire13894
on the licensee's birthday in the fourth year after the date of13895
issuance.13896

       (2) Except as provided in division (A)(3) of this section,13897
each such license issued as an original license to a person whose13898
residence is in this state shall expire on the licensee's birthday13899
in the fourth year after the date of issuance, and each such13900
license issued to a person whose temporary residence is in this13901
state shall expire in accordance with rules adopted by the13902
registrar of motor vehicles. A license issued to a person with a13903
temporary residence in this state is nonrenewable, but may be13904
replaced with a new license within ninety days prior to its13905
expiration upon the applicant's compliance with all applicable13906
requirements.13907

       (3) Each such license issued to replace the operator's or13908
chauffeur's license of a person who is less than twenty-one years13909
of age, and each such license issued as an original license to a13910
person who is less than twenty-one years of age, shall expire on13911
the licensee's twenty-first birthday.13912

       (B) No commercial driver's license shall be issued for a13913
period longer than four years and ninety days. Except as provided13914
in section 4507.12 of the Revised Code, the registrar may waive13915
the examination of any person applying for the renewal of a13916
commercial driver's license issued under this chapter, provided13917
that the applicant presents either an unexpired commercial13918
driver's license or a commercial driver's license that has expired13919
not more than six months prior to the date of application.13920

       (C) Subject to the requirements of this chapter and except13921
as provided in division (A)(2) of this section in regard to a13922
person whose temporary residence is in this state, every13923
commercial driver's license shall be renewable ninety days before13924
its expiration upon payment of the fees required by section13925
4506.08 of the Revised Code. Each person applying for renewal of13926
a commercial driver's license shall complete the application form13927
prescribed by section 4506.07 of the Revised Code and shall13928
provide all certifications required. If the person wishes to13929
retain an endorsement authorizing the person to transport13930
hazardous materials, the person shall take and successfully13931
complete the written test for the endorsement.13932

       (D) Each person licensed as a driver under this chapter13933
shall notify the registrar of any change in the person's address13934
within ten days following that change. The notification shall be13935
in writing on a form provided by the registrar and shall include13936
the full name, date of birth, license number, county of residence,13937
social security number, and new address of the person.13938

       (E)Whoever violates division (D) of this section is guilty13939
of a minor misdemeanor.13940

       Sec. 4506.15. (A) No person shall do any of the following:13941

       (A)(1) Drive a commercial motor vehicle while having a13942
measurable or detectable amount of alcohol or of a controlled13943
substance in histhe person's blood, breath, or urine;13944

       (B)(2) Drive a commercial motor vehicle while having an13945
alcohol concentration of four-hundredths of one per cent or more;13946

       (C)(3) Drive a commercial motor vehicle while under the13947
influence of a controlled substance;13948

       (D)(4) Knowingly leave the scene of an accident involving a13949
commercial motor vehicle driven by the person;13950

       (E)(5) Use a commercial motor vehicle in the commission of a13951
felony;13952

       (F)(6) Refuse to submit to a test under section 4506.17 of13953
the Revised Code;13954

       (G)(7) Violate an out-of-service order issued under this13955
chapter;13956

       (H)(8) Violate any prohibition described in divisions13957
(B)(A)(2) to (G)(7) of this section while transporting hazardous13958
materials.13959

       (B)Whoever violates this section is guilty of a misdemeanor13960
of the first degree.13961

       Sec. 4506.16.  (A) Whoever violates division (A)(1) of13962
section 4506.15 of the Revised Code or a similar law of another13963
state or a foreign jurisdiction, immediately shall be placed13964
out-of-service for twenty-four hours, in addition to any13965
disqualification required by this section and any other penalty13966
imposed by the Revised Code.13967

       (B) The registrar of motor vehicles shall disqualify any13968
person from operating a commercial motor vehicle as follows:13969

       (1) UponSubject to division (B)(4) of this section, upon a13970
first conviction for a violation of any provision of divisions13971
(B)(A)(2) to (G)(7) of section 4506.15 of the Revised Code or a13972
similar law of another state or a foreign jurisdiction, one year,13973
in addition to any other penalty imposed by the Revised Code;13974

       (2) Upon a first conviction for a violation of division13975
(H)(A)(8) of section 4506.15 of the Revised Code or a similar law13976
of another state or a foreign jurisdiction, three years, in13977
addition to any other penalty imposed by the Revised Code;13978

       (3) Upon a second conviction for a violation of any13979
provision of divisions (B)(A)(2) to (G)(7) of section 4506.15 of13980
the Revised Code or a similar law of another state or a foreign13981
jurisdiction, or any combination of such violations arising from13982
two or more separate incidents, the person shall be disqualified13983
for life or for any other period of time as determined by the13984
United States secretary of transportation and designated by the13985
director of public safety by rule, in addition to any other13986
penalty imposed by the Revised Code;13987

       (4) Upon conviction of a violation of division (E)(A)(5) of13988
section 4506.15 of the Revised Code or a similar law of another13989
state or a foreign jurisdiction in connection with the13990
manufacture, distribution, or dispensing of a controlled substance13991
or the possession with intent to manufacture, distribute, or13992
dispense a controlled substance, the person shall be disqualified13993
for life, in addition to any other penalty imposed by the Revised13994
Code;13995

       (5) Upon conviction of two serious traffic violations13996
involving the operation of a commercial motor vehicle by the13997
person and arising from separate incidents occurring in a13998
three-year period, the person shall be disqualified for sixty13999
days, in addition to any other penalty imposed by the Revised14000
Code;14001

       (6) Upon conviction of three serious traffic violations14002
involving the operation of a commercial motor vehicle by the14003
person and arising from separate incidents occurring in a14004
three-year period, the person shall be disqualified for one14005
hundred twenty days, in addition to any other penalty imposed by14006
the Revised Code.14007

       (C) For the purposes of this section, conviction of a14008
violation for which disqualification is required may be evidenced14009
by any of the following:14010

       (1) A judgment entry of a court of competent jurisdiction in14011
this or any other state;14012

       (2) An administrative order of a state agency of this or any14013
other state having statutory jurisdiction over commercial drivers;14014

       (3) A computer record obtained from or through the14015
commercial driver's license information system;14016

       (4) A computer record obtained from or through a state14017
agency of this or any other state having statutory jurisdiction14018
over commercial drivers or the records of commercial drivers.14019

       (D) Any record described in division (C) of this section14020
shall be deemed to be self-authenticating when it is received by14021
the bureau of motor vehicles.14022

       (E) When disqualifying a driver, the registrar shall cause14023
the records of the bureau to be updated to reflect that action14024
within ten days after it occurs.14025

       (F) The registrar immediately shall notify a driver who is14026
finally convicted of any offense described in section 4506.15 of14027
the Revised Code or division (B)(4), (5), or (6) of this section14028
and thereby is subject to disqualification, of the offense or14029
offenses involved, of the length of time for which14030
disqualification is to be imposed, and that the driver may request14031
a hearing within thirty days of the mailing of the notice to show14032
cause why the driver should not be disqualified from operating a14033
commercial motor vehicle. If a request for such a hearing is not14034
made within thirty days of the mailing of the notice, the order of14035
disqualification is final. The registrar may designate hearing14036
examiners who, after affording all parties reasonable notice,14037
shall conduct a hearing to determine whether the disqualification14038
order is supported by reliable evidence. The registrar shall14039
adopt rules to implement this division.14040

       (G) Any person who is disqualified from operating a14041
commercial motor vehicle under this section may apply to the14042
registrar for a driver's license to operate a motor vehicle other14043
than a commercial motor vehicle, provided the person's commercial14044
driver's license is not otherwise suspended or revoked. A person14045
whose commercial driver's license is suspended or revoked shall14046
not apply to the registrar for or receive a driver's license under14047
Chapter 4507. of the Revised Code during the period of suspension14048
or revocation.14049

       Sec. 4506.17.  (A) Any person who drives a commercial motor14050
vehicle within this state shall be deemed to have given consent to14051
a test or tests of the person's whole blood, blood serum or14052
plasma, breath, or urine for the purpose of determining the14053
person's alcohol concentration or the presence of any controlled14054
substance.14055

       (B) A test or tests as provided in division (A) of this14056
section may be administered at the direction of a peace officer14057
having reasonable ground to stop or detain the person and, after14058
investigating the circumstances surrounding the operation of the14059
commercial motor vehicle, also having reasonable ground to believe14060
the person was driving the commercial vehicle while having a14061
measurable or detectable amount of alcohol or of a controlled14062
substance in the person's whole blood, blood serum or plasma,14063
breath, or urine. Any such test shall be given within two hours14064
of the time of the alleged violation.14065

       (C) A person requested to submit to a test under division14066
(A) of this section shall be advised by the peace officer14067
requesting the test that a refusal to submit to the test will14068
result in the person immediately being placed out-of-service for a14069
period of twenty-four hours and being disqualified from operating14070
a commercial motor vehicle for a period of not less than one year,14071
and that the person is required to surrender the person's14072
commercial driver's license to the peace officer.14073

       (D) If a person refuses to submit to a test after being14074
warned as provided in division (C) of this section or submits to a14075
test that discloses the presence of a controlled substance or an14076
alcohol concentration of four-hundredths of one per cent or more,14077
the person immediately shall surrender the person's commercial14078
driver's license to the peace officer. The peace officer shall14079
forward the license, together with a sworn report, to the14080
registrar of motor vehicles certifying that the test was requested14081
pursuant to division (A) of this section and that the person14082
either refused to submit to testing or submitted to a test that14083
disclosed the presence of a controlled substance or an alcohol14084
concentration of four-hundredths of one per cent or more. The14085
form and contents of the report required by this section shall be14086
established by the registrar by rule, but shall contain the advice14087
to be read to the driver and a statement to be signed by the14088
driver acknowledging that the driver has been read the advice and14089
that the form was shown to the driver.14090

       (E) Upon receipt of a sworn report from a peace officer as14091
provided in division (D) of this section, the registrar shall14092
disqualify the person named in the report from driving a14093
commercial motor vehicle for the period described below:14094

       (1) Upon a first incident, one year;14095

       (2) Upon an incident of refusal or of a prohibited14096
concentration of alcohol after one or more previous incidents of14097
either refusal or of a prohibited concentration of alcohol, the14098
person shall be disqualified for life or such lesser period as14099
prescribed by rule by the registrar.14100

       (F) A blood test of a person's whole blood or a person's14101
blood serum or plasma given under this section shall comply with14102
the applicable provisions of division (D) of section 4511.19 of14103
the Revised Code and any physician, registered nurse, or qualified14104
technician or, chemist,or phlebotomist who withdraws whole blood14105
or blood serum or plasma from a person under this section, and any14106
hospital, first-aid station, or clinic,or other facility at which14107
whole blood or blood serum or plasma is withdrawn from a person14108
pursuant to this section, is immune from criminal liability, and14109
from civil liability that is based upon a claim of assault and14110
battery or based upon any other claim of malpractice, for any act14111
performed in withdrawing whole blood or blood serum or plasma from14112
the person.14113

       (G) When a person submits to a test under this section, the14114
results of the test, at the person's request, shall be made14115
available to the person, the person's attorney, or the person's14116
agent, immediately upon completion of the chemical test analysis.14117
The person also may have an additional test administered by a14118
physician, a registered nurse, or a qualified technician or,14119
chemist,or phlebotomist of the person's own choosing as provided14120
in division (D) of section 4511.19 of the Revised Code for tests14121
administered under that section, and the failure to obtain such a14122
test has the same effect as in that division.14123

       (H) No person shall refuse to immediately surrender the14124
person's commercial driver's license to a peace officer when14125
required to do so by this section.14126

       (I) A peace officer issuing an out-of-service order or14127
receiving a commercial driver's license surrendered under this14128
section may remove or arrange for the removal of any commercial14129
motor vehicle affected by the issuance of that order or the14130
surrender of that license.14131

       (J)(1) Except for civil actions arising out of the operation14132
of a motor vehicle and civil actions in which the state is a14133
plaintiff, no peace officer of any law enforcement agency within14134
this state is liable in compensatory damages in any civil action14135
that arises under the Revised Code or common law of this state for14136
an injury, death, or loss to person or property caused in the14137
performance of official duties under this section and rules14138
adopted under this section, unless the officer's actions were14139
manifestly outside the scope of the officer's employment or14140
official responsibilities, or unless the officer acted with14141
malicious purpose, in bad faith, or in a wanton or reckless14142
manner.14143

       (2) Except for civil actions that arise out of the operation14144
of a motor vehicle and civil actions in which the state is a14145
plaintiff, no peace officer of any law enforcement agency within14146
this state is liable in punitive or exemplary damages in any civil14147
action that arises under the Revised Code or common law of this14148
state for any injury, death, or loss to person or property caused14149
in the performance of official duties under this section of the14150
Revised Code and rules adopted under this section, unless the14151
officer's actions were manifestly outside the scope of the14152
officer's employment or official responsibilities, or unless the14153
officer acted with malicious purpose, in bad faith, or in a wanton14154
or reckless manner.14155

       (K) When disqualifying a driver, the registrar shall cause14156
the records of the bureau of motor vehicles to be updated to14157
reflect the disqualification within ten days after it occurs.14158

       (L) The registrar immediately shall notify a driver who is14159
subject to disqualification of the disqualification, of the length14160
of the disqualification, and that the driver may request a hearing14161
within thirty days of the mailing of the notice to show cause why14162
the driver should not be disqualified from operating a commercial14163
motor vehicle. If a request for such a hearing is not made within14164
thirty days of the mailing of the notice, the order of14165
disqualification is final. The registrar may designate hearing14166
examiners who, after affording all parties reasonable notice,14167
shall conduct a hearing to determine whether the disqualification14168
order is supported by reliable evidence. The registrar shall14169
adopt rules to implement this division.14170

       (M) Any person who is disqualified from operating a14171
commercial motor vehicle under this section may apply to the14172
registrar for a driver's license to operate a motor vehicle other14173
than a commercial motor vehicle, provided the person's commercial14174
driver's license is not otherwise suspended or revoked. A person14175
whose commercial driver's license is suspended or revoked shall14176
not apply to the registrar for or receive a driver's license under14177
Chapter 4507. of the Revised Code during the period of suspension14178
or revocation.14179

       (N)Whoever violates division (H) of this section is guilty14180
of a misdemeanor of the first degree.14181

       Sec. 4506.18. (A) Any driver who holds a commercial14182
driver's license issued by this state and is convicted in another14183
state or a foreign jurisdiction of violating any law or ordinance14184
relating to motor vehicle traffic control, other than a parking14185
violation, shall provide written notice of that conviction within14186
thirty days after the date of conviction to the bureau of motor14187
vehicles and to histhe driver's employer in accordance with the14188
provisions of 49 C.F.R. 383, subpart C, as amended.14189

       (B)Whoever violates this section is guilty of a misdemeanor14190
of the first degree.14191

       Sec. 4506.19. (A) The provisions of 49 C.F.R. 383, subpart14192
C, as amended, shall apply to all commercial drivers or persons14193
who apply for employment as commercial drivers. No person shall14194
fail to make a report to histhe person's employer as required by14195
this section.14196

       (B)Whoever violates this section is guilty of a misdemeanor14197
of the first degree.14198

       Sec. 4506.20.  (A) Each employer shall require every14199
applicant for employment as a driver of a commercial motor vehicle14200
to provide the information specified in section 4506.20 of the14201
Revised Code.14202

       (B) No employer shall knowingly permit or authorize any14203
driver employed by himthe employer to drive a commercial motor14204
vehicle during any period in which any of the following apply:14205

       (1) The driver's commercial driver's license is suspended,14206
revoked, or canceled by any state or a foreign jurisdiction;14207

       (2) The driver has lost histhe privilege to drive, or14208
currently is disqualified from driving, a commercial motor vehicle14209
in any state or foreign jurisdiction;14210

       (3) The driver is subject to an out-of-service order in any14211
state or foreign jurisdiction;14212

       (4) The driver has more than one driver's license.14213

       (C)Whoever violates this section is guilty of a misdemeanor14214
of the first degree.14215

       Sec. 4506.99. (A) Whoever violates division (A) of section14216
4506.03, division (A)(1), (2), or (3) of section 4506.04, division14217
(A) of section 4506.10, division (H) of section 4506.17, or14218
section 4506.20 of the Revised Code is guilty of a misdemeanor of14219
the first degree.14220

       (B) Whoever violates division (A)(4) of section 4506.04 of14221
the Revised Code is guilty of falsification, a misdemeanor of the14222
first degree. In addition, the provisions of section 4507.19 of14223
the Revised Code apply.14224

       (C) Whoever violates division (C) of section 4506.11 or14225
division (D) of section 4506.14 of the Revised Code is guilty of a14226
minor misdemeanor.14227

       (D) Whoever violates any provision of sections 4506.03 to14228
4506.20 of the Revised Code for which no penalty is otherwise is14229
provided in thisthe section that contains the provision violated14230
is guilty of a misdemeanor of the first degree.14231

       Sec. 4507.02.  (A)(1) No person, except those expressly14232
exempted under sections 4507.03, 4507.04, and 4507.05 of the14233
Revised Code, shall operate any motor vehicle upon a highway or14234
any public or private property used by the public for purposes of14235
vehicular travel or parking in this state unless the person has a14236
valid driver's license issued under this chapter or a commercial14237
driver's license issued under Chapter 4506. of the Revised Code.14238

       (2) No person shall permit the operation of a motor vehicle14239
upon any public or private property used by the public for14240
purposes of vehicular travel or parking knowing the operator does14241
not have a valid driver's license issued to the operator by the14242
registrar of motor vehicles under this chapter or a valid14243
commercial driver's license issued under Chapter 4506. of the14244
Revised Code. Whoever violates this division is guilty of a14245
misdemeanor of the first degree.14246

       (3) No person, except a person expressly exempted under14247
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall14248
operate any motorcycle upon a highway or any public or private14249
property used by the public for purposes of vehicular travel or14250
parking in this state unless the person has a valid license as a14251
motorcycle operator, that was issued upon application by the14252
registrar under this chapter. The license shall be in the form of14253
an endorsement, as determined by the registrar, upon a driver's or14254
commercial driver's license, if the person has a valid license to14255
operate a motor vehicle or commercial motor vehicle, or in the14256
form of a restricted license as provided in section 4507.14 of the14257
Revised Code, if the person does not have a valid license to14258
operate a motor vehicle or commercial motor vehicle.14259

       (4)(2) No person shall receive a driver's license, or a14260
motorcycle operator's endorsement of a driver's or commercial14261
driver's license, unless and until the person surrenders to the14262
registrar all valid licenses issued to the person by another14263
jurisdiction recognized by this state. All surrendered licenses14264
shall be returned by the registrar to the issuing authority,14265
together with information that a license is now issued in this14266
state. No person shall be permitted to have more than one valid14267
license at any time.14268

       (B)(1) No person, whose driver's or commercial driver's14269
license or permit or nonresident's operating privilege has been14270
suspended or revoked pursuant to Chapter 4509. of the Revised14271
Code, shall operate any motor vehicle within this state, or14272
knowingly permit any motor vehicle owned by the person to be14273
operated by another person in the state, during the period of the14274
suspension or revocation, except as specifically authorized by14275
Chapter 4509. of the Revised Code. No person shall operate a14276
motor vehicle within this state, or knowingly permit any motor14277
vehicle owned by the person to be operated by another person in14278
the state, during the period in which the person is required by14279
section 4509.45 of the Revised Code to file and maintain proof of14280
financial responsibility for a violation of section 4509.101 of14281
the Revised Code, unless proof of financial responsibility is14282
maintained with respect to that vehicle.14283

       (2) No person shall operate any motor vehicle upon a highway14284
or any public or private property used by the public for purposes14285
of vehicular travel or parking in this state in violation of any14286
restriction of the person's driver's or commercial driver's14287
license imposed under division (D) of section 4506.10 or section14288
4507.14 of the Revised Code.14289

       (C) No person, whose driver's or commercial driver's license14290
or permit has been suspended pursuant to section 4511.191, section14291
4511.196, or division (B) of section 4507.16 of the Revised Code,14292
shall operate any motor vehicle within this state until the person14293
has paid the license reinstatement fee required pursuant to14294
division (L) of section 4511.191 of the Revised Code and the14295
license or permit has been returned to the person or a new license14296
or permit has been issued to the person.14297

       (D)(1) No person, whose driver's or commercial driver's14298
license or permit or nonresident operating privilege has been14299
suspended or revoked under any provision of the Revised Code other14300
than Chapter 4509. of the Revised Code or under any applicable law14301
in any other jurisdiction in which the person's license or permit14302
was issued, shall operate any motor vehicle upon the highways or14303
streets within this state during the period of the suspension or14304
within one year after the date of the revocation. No person who14305
is granted occupational driving privileges by any court shall14306
operate any motor vehicle upon the highways or streets in this14307
state except in accordance with the terms of the privileges.14308

       (2) No person, whose driver's or commercial driver's license14309
or permit or nonresident operating privilege has been suspended14310
under division (B) of section 4507.16 of the Revised Code, shall14311
operate any motor vehicle upon the highways or streets within this14312
state during the period of suspension. No person who is granted14313
occupational driving privileges by any court shall operate any14314
motor vehicle upon the highways or streets in this state except in14315
accordance with the terms of those privileges.14316

       (E)(1) It is an affirmative defense to any prosecution14317
brought pursuant to division (B), (C), or (D) of this section that14318
the alleged offender drove under suspension or in violation of a14319
restriction because of a substantial emergency, provided that no14320
other person was reasonably available to drive in response to the14321
emergency.14322

       (2) It is an affirmative defense to any prosecution brought14323
pursuant to division (B)(1) of this section that the order of14324
suspension resulted from the failure of the alleged offender to14325
respond to a financial responsibility random verification request14326
under division (A)(3)(c) of section 4509.101 of the Revised Code14327
and that, upon a showing of proof of financial responsibility, the14328
alleged offender was in compliance with division (A)(1) of section14329
4509.101 of the Revised Code at the time of the initial financial14330
responsibility random verification request.14331

       (F)(1) If a person is convicted of a violation of division14332
(B), (C), or (D) of this section 4510.11, 4510.14, 4510.16, or14333
4510.21 of the Revised Code or if division (F) of section 4507.16414334
of the Revised Code applies, the trial judge of any court, in14335
addition to or independent of, any other penalties provided by law14336
or ordinance, shall impound the identification license plates of14337
any motor vehicle registered in the name of the person. The court14338
shall send the impounded license plates to the registrar, who may14339
retain the license plates until the driver's or commercial14340
driver's license of the owner has been reinstated or destroy them14341
pursuant to section 4503.232 of the Revised Code.14342

       If the license plates of a person convicted of a violation of14343
division (B), (C), or (D) of this sectionany provision of those14344
sections have been impounded in accordance with the provisions of14345
this division, the court shall notify the registrar of that14346
action. The notice shall contain the name and address of the14347
driver, the serial number of the driver's driver's or commercial14348
driver's license, the serial numbers of the license plates of the14349
motor vehicle, and the length of time for which the license plates14350
have been impounded. The registrar shall record the data in the14351
notice as part of the driver's permanent record.14352

       (2) Any motor vehicle owner who has had the license plates14353
of a motor vehicle impounded pursuant to division (F)(B)(1) of14354
this section may apply to the registrar, or to a deputy registrar,14355
for special license plates whichthat shall conform to the14356
requirements of section 4503.231 of the Revised Code. The14357
registrar or deputy registrar forthwith shall notify the court of14358
the application and, upon approval of the court, shall issue14359
special license plates to the applicant. Until the driver's or14360
commercial driver's license of the owner is reinstated, any new14361
license plates issued to the owner also shall conform to the14362
requirements of section 4503.231 of the Revised Code.14363

       The registrar or deputy registrar shall charge the owner of a14364
vehicle the fees provided in section 4503.19 of the Revised Code14365
for special license plates that are issued in accordance with this14366
division, except upon renewal as specified in section 4503.10 of14367
the Revised Code, when the regular fee as provided in section14368
4503.04 of the Revised Code shall be charged. The registrar or14369
deputy registrar shall charge the owner of a vehicle the fees14370
provided in section 4503.19 of the Revised Code whenever special14371
license plates are exchanged, by reason of the reinstatement of14372
the driver's or commercial driver's license of the owner, for14373
those ordinarily issued.14374

       (3) If an owner wishes to sell a motor vehicle during the14375
time the special license plates provided under division (F)(B)(2)14376
of this section are in use, the owner may apply to the court that14377
impounded the license plates of the motor vehicle for permission14378
to transfer title to the motor vehicle. If the court is satisfied14379
that the sale will be made in good faith and not for the purpose14380
of circumventing the provisions of this section, it may certify14381
its consent to the owner and to the registrar of motor vehicles14382
who shall enter notice of the transfer of the title of the motor14383
vehicle in the vehicle registration record.14384

       If, during the time the special license plates provided under14385
division (F)(B)(2) of this section are in use, the title to a14386
motor vehicle is transferred by the foreclosure of a chattel14387
mortgage, a sale upon execution, the cancellation of a conditional14388
sales contract, or by order of a court, the court shall notify the14389
registrar of the action and the registrar shall enter notice of14390
the transfer of the title to the motor vehicle in the vehicle14391
registration record.14392

       (G)(C) This section is not intended to change or modify any14393
provision of Chapter 4503. of the Revised Code with respect to the14394
taxation of motor vehicles or the time within which the taxes on14395
motor vehicles shall be paid.14396

       Sec. 4507.023.  The registrar of motor vehicles may furnish14397
the name and social security number of any person whose driver's14398
license or commercial driver's license has been suspended or14399
revokedcanceled, or of any person whose certificate of14400
registration and license plates are subject to impoundment, to the14401
tax commissioner. The tax commissioner may return to the14402
registrar the address of any such person as shown on the most14403
recent return filed by that person under section 5747.08 of the14404
Revised Code.14405

       Sec. 4507.05.  (A) The registrar of motor vehicles, or a14406
deputy registrar, upon receiving an application for a temporary14407
instruction permit and a temporary instruction permit14408
identification card for a driver's license from any person who is14409
at least fifteen years and six months of age, may issue such a14410
permit and identification card entitling the applicant to drive a14411
motor vehicle, other than a commercial motor vehicle, upon the14412
highways under the following conditions:14413

       (1) If the permit is issued to a person who is at least14414
fifteen years and six months of age, but less than sixteen years14415
of age:14416

       (a) The permit and identification card are in the holder's14417
immediate possession;14418

       (b) The holder is accompanied by an eligible adult who14419
actually occupies the seat beside the permit holder;14420

       (c) The total number of occupants of the vehicle does not14421
exceed the total number of occupant restraining devices originally14422
installed in the motor vehicle by its manufacturer, and each14423
occupant of the vehicle is wearing all of the available elements14424
of a properly adjusted occupant restraining device.14425

       (2) If the permit is issued to a person who is at least14426
sixteen years of age:14427

       (a) The permit and identification card are in the holder's14428
immediate possession;14429

       (b) The holder is accompanied by a licensed operator who is14430
at least twenty-one years of age and is actually occupying a seat14431
beside the driver;14432

       (c) The total number of occupants of the vehicle does not14433
exceed the total number of occupant restraining devices originally14434
installed in the motor vehicle by its manufacturer, and each14435
occupant of the vehicle is wearing all of the available elements14436
of a properly adjusted occupant restraining device.14437

       (B) The registrar or a deputy registrar, upon receiving from14438
any person an application for a temporary instruction permit and14439
temporary instruction permit identification card to operate a14440
motorcycle or motorized bicycle, may issue such a permit and14441
identification card entitling the applicant, while having the14442
permit and identification card in the applicant's immediate14443
possession, to drive a motorcycle or motorized bicycle under14444
restrictions determined by the registrar. A temporary instruction14445
permit and temporary instruction permit identification card to14446
operate a motorized bicycle may be issued to a person fourteen or14447
fifteen years old.14448

       (C) Any permit and identification card issued under this14449
section shall be issued in the same manner as a driver's license,14450
upon a form to be furnished by the registrar. A temporary14451
instruction permit to drive a motor vehicle other than a14452
commercial motor vehicle shall be valid for a period of one year.14453

       (D) Any person having in the person's possession a valid and14454
current driver's license or motorcycle operator's license or14455
endorsement issued to the person by another jurisdiction14456
recognized by this state is exempt from obtaining a temporary14457
instruction permit for a driver's license, but shall submit to the14458
regular examination in obtaining a driver's license or motorcycle14459
operator's endorsement in this state.14460

       (E) The registrar may adopt rules governing the use of14461
temporary instruction permits and temporary instruction permit14462
identification cards.14463

       (F)(1) No holder of a permit issued under division (A) of14464
this section shall operate a motor vehicle upon a highway or any14465
public or private property used by the public for purposes of14466
vehicular travel or parking in violation of the conditions14467
established under division (A) of this section.14468

       (2) Except as provided in division (F)(2) of this section,14469
no holder of a permit that is issued under division (A) of this14470
section and that is issued on or after the effective date of this14471
amendment, and who has not attained the age of seventeen years,14472
shall operate a motor vehicle upon a highway or any public or14473
private property used by the public for purposes of vehicular14474
travel or parking between the hours of one a.m. and five a.m.14475

       The holder of a permit issued under division (A) of this14476
section on or after the effective date of this amendment, who has14477
not attained the age of seventeen years, may operate a motor14478
vehicle upon a highway or any public or private property used by14479
the public for purposes of vehicular travel or parking between the14480
hours of one a.m. and five a.m. if, at the time of such operation,14481
the holder is accompanied by the holder's parent, guardian, or14482
custodian, and the parent, guardian, or custodian holds a current14483
valid driver's or commercial driver's license issued by this state14484
and is actually occupying a seat beside the permit holder.14485

       (G)(1) Notwithstanding any other provision of law to the14486
contrary, no law enforcement officer shall cause the operator of a14487
motor vehicle being operated on any street or highway to stop the14488
motor vehicle for the sole purpose of determining whether each14489
occupant of the motor vehicle is wearing all of the available14490
elements of a properly adjusted occupant restraining device as14491
required by division (A) of this section, or for the sole purpose14492
of issuing a ticket, citation, or summons if the requirement in14493
that division has been or is being violated, or for causing the14494
arrest of or commencing a prosecution of a person for a violation14495
of that requirement.14496

       (2) Notwithstanding any other provision of law to the14497
contrary, no law enforcement officer shall cause the operator of a14498
motor vehicle being operated on any street or highway to stop the14499
motor vehicle for the sole purpose of determining whether a14500
violation of division (F)(2) of this section has been or is being14501
committed or for the sole purpose of issuing a ticket, citation,14502
or summons for such a violation or for causing the arrest of or14503
commencing a prosecution of a person for such violation.14504

       (H) As used in this section:14505

       (1) "Eligible adult" means any of the following:14506

       (a) An instructor of a driver education course approved by14507
the department of education or a driver training course approved14508
by the department of public safety;14509

       (b) Any of the following persons who holds a current valid14510
driver's or commercial driver's license issued by this state:14511

       (i) A parent, guardian, or custodian of the permit holder;14512

       (ii) A person twenty-one years of age or older who acts in14513
loco parentis of the permit holder.14514

       (2) "Occupant restraining device" has the same meaning as in14515
section 4513.263 of the Revised Code.14516

       (I)Whoever violates division (F)(1) or (2) of this section14517
is guilty of a minor misdemeanor.14518

       Sec. 4507.06.  (A)(1) Every application for a driver's14519
license or motorcycle operator's license or endorsement, or14520
duplicate of any such license or endorsement, shall be made upon14521
the approved form furnished by the registrar of motor vehicles and14522
shall be signed by the applicant.14523

       Every application shall state the following:14524

       (a) The applicant's name, date of birth, social security14525
number if such has been assigned, sex, general description,14526
including height, weight, color of hair, and eyes, residence14527
address, including county of residence, duration of residence in14528
this state, and country of citizenship;14529

       (b) Whether the applicant previously has been licensed as an14530
operator, chauffeur, driver, commercial driver, or motorcycle14531
operator and, if so, when, by what state, and whether such license14532
is suspended or revokedcanceled at the present time and, if so,14533
the date of and reason for the suspension or revocation14534
cancellation;14535

       (c) Whether the applicant is now or ever has been afflicted14536
with epilepsy, or whether the applicant now is suffering from any14537
physical or mental disability or disease and, if so, the nature14538
and extent of the disability or disease, giving the names and14539
addresses of physicians then or previously in attendance upon the14540
applicant;14541

       (d) Whether an applicant for a duplicate driver's license,14542
or duplicate license containing a motorcycle operator endorsement14543
has pending a citation for violation of any motor vehicle law or14544
ordinance, a description of any such citation pending, and the14545
date of the citation;14546

       (e) Whether the applicant wishes to certify willingness to14547
make an anatomical gift under section 2108.04 of the Revised Code,14548
which shall be given no consideration in the issuance of a license14549
or endorsement;14550

       (f) On and after May 1, 1993, whetherWhether the applicant14551
has executed a valid durable power of attorney for health care14552
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has14553
executed a declaration governing the use or continuation, or the14554
withholding or withdrawal, of life-sustaining treatment pursuant14555
to sections 2133.01 to 2133.15 of the Revised Code and, if the14556
applicant has executed either type of instrument, whether the14557
applicant wishes the applicant's license to indicate that the14558
applicant has executed the instrument.14559

       (2) Every applicant for a driver's license shall be14560
photographed in color at the time the application for the license14561
is made. The application shall state any additional information14562
that the registrar requires.14563

       (B) The registrar or a deputy registrar, in accordance with14564
section 3503.11 of the Revised Code, shall register as an elector14565
any person who applies for a driver's license or motorcycle14566
operator's license or endorsement under division (A) of this14567
section, or for a renewal or duplicate of the license or14568
endorsement, if the applicant is eligible and wishes to be14569
registered as an elector. The decision of an applicant whether to14570
register as an elector shall be given no consideration in the14571
decision of whether to issue the applicant a license or14572
endorsement, or a renewal or duplicate.14573

       (C) The registrar or a deputy registrar, in accordance with14574
section 3503.11 of the Revised Code, shall offer the opportunity14575
of completing a notice of change of residence or change of name to14576
any applicant for a driver's license or endorsement under division14577
(A) of this section, or for a renewal or duplicate of the license14578
or endorsement, if the applicant is a registered elector who has14579
changed the applicant's residence or name and has not filed such a14580
notice.14581

       Sec. 4507.071.  (A) No driver's license shall be issued to14582
any person under eighteen years of age, except that a probationary14583
license may be issued to a person who is at least sixteen years of14584
age and has held a temporary instruction permit for a period of at14585
least six months.14586

       (B) No holder of a probationary driver's license issued on or14587
after the effective date of this section who has not attained the14588
age of seventeen years shall operate a motor vehicle upon a14589
highway or any public or private property used by the public for14590
purposes of vehicular travel or parking between the hours of one14591
a.m. and five a.m. unless the holder is accompanied by the14592
holder's parent or guardian.14593

       (C) It is an affirmative defense to a violation of division14594
(B) of this section if, at the time of the violation, the holder14595
of the probationary driver's license was traveling to or from the14596
holder's place of employment or an official function sponsored by14597
the school the holder attends, or an emergency existed that14598
required the holder to operate a motor vehicle in violation of14599
division (B) of this section, or the holder was an emancipated14600
minor.14601

       (D) No holder of a probationary license shall operate a14602
motor vehicle upon a highway or any public or private property14603
used by the public for purposes of vehicular travel or parking14604
unless the total number of occupants of the vehicle does not14605
exceed the total number of occupant restraining devices originally14606
installed in the motor vehicle by its manufacturer, and each14607
occupant of the vehicle is wearing all of the available elements14608
of a properly adjusted occupant restraining device.14609

       (E) A restricted license may be issued to a person who is14610
fourteen or fifteen years of age upon proof of hardship14611
satisfactory to the registrar of motor vehicles.14612

       (F) Notwithstanding any other provision of law to the14613
contrary, no law enforcement officer shall cause the operator of a14614
motor vehicle being operated on any street or highway to stop the14615
motor vehicle for the sole purpose of determining whether each14616
occupant of the motor vehicle is wearing all of the available14617
elements of a properly adjusted occupant restraining device as14618
required by division (D) of this section, or for the sole purpose14619
of issuing a ticket, citation, or summons if the requirement in14620
that division has been or is being violated, or for causing the14621
arrest of or commencing a prosecution of a person for a violation14622
of that requirement.14623

       (G) Notwithstanding any other provision of law to the14624
contrary, no law enforcement officer shall cause the operator of a14625
motor vehicle being operated on any street or highway to stop the14626
motor vehicle for the sole purpose of determining whether a14627
violation of division (B) of this section has been or is being14628
committed or for the sole purpose of issuing a ticket, citation,14629
or summons for such a violation or for causing the arrest of or14630
commencing a prosecution of a person for such violation.14631

       (H) As used in this section, "occupant restraining device"14632
has the same meaning as in section 4513.263 of the Revised Code.14633

       (I)Whoever violates division (B) or (D) of this section is14634
guilty of a minor misdemeanor.14635

       Sec. 4507.08.  (A) No probationary license shall be issued14636
to any person under the age of eighteen who has been adjudicated14637
an unruly or delinquent child or a juvenile traffic offender for14638
having committed any act that if committed by an adult would be a14639
drug abuse offense, as defined in section 2925.01 of the Revised14640
Code, a violation of division (B) of section 2917.11, or a14641
violation of division (A) of section 4511.19 of the Revised Code,14642
unless the person has been required by the court to attend a drug14643
abuse or alcohol abuse education, intervention, or treatment14644
program specified by the court and has satisfactorily completed14645
the program.14646

       (B) No temporary instruction permit or driver's license14647
shall be issued to any person whose license has been suspended,14648
during the period for which the license was suspended, nor to any14649
person whose license has been revokedcanceled, under sections14650
4507.01 to 4507.39Chapter 4510. or any other provision of the14651
Revised Code, until the expiration of one year after the license14652
was revoked.14653

       (C) No temporary instruction permit or driver's license14654
shall be issued to any person whose commercial driver's license is14655
suspended under section 1905.201, 3123.58, 4507.16, 4507.34,14656
4507.99, 4511.191, or 4511.196 of the Revised CodeChapter 4510.14657
or under any other provision of the Revised Code during the period14658
of the suspension.14659

       No temporary instruction permit or driver's license shall be14660
issued to any person when issuance is prohibited by division (A)14661
of section 4507.091 of the Revised Code.14662

       (D) No temporary instruction permit or driver's license14663
shall be issued to, or retained by, any of the following persons:14664

       (1) Any person who is an alcoholic, or is addicted to the14665
use of controlled substances to the extent that the use14666
constitutes an impairment to the person's ability to operate a14667
motor vehicle with the required degree of safety;14668

       (2) Any person who is under the age of eighteen and has been14669
adjudicated an unruly or delinquent child or a juvenile traffic14670
offender for having committed any act that if committed by an14671
adult would be a drug abuse offense, as defined in section 2925.0114672
of the Revised Code, a violation of division (B) of section14673
2917.11, or a violation of division (A) of section 4511.19 of the14674
Revised Code, unless the person has been required by the court to14675
attend a drug abuse or alcohol abuse education, intervention, or14676
treatment program specified by the court and has satisfactorily14677
completed the program;14678

       (3) Any person who, in the opinion of the registrar, is14679
afflicted with or suffering from a physical or mental disability14680
or disease that prevents the person from exercising reasonable and14681
ordinary control over a motor vehicle while operating the vehicle14682
upon the highways, except that a restricted license effective for14683
six months may be issued to any person otherwise qualified who is14684
or has been subject to any condition resulting in episodic14685
impairment of consciousness or loss of muscular control and whose14686
condition, in the opinion of the registrar, is dormant or is14687
sufficiently under medical control that the person is capable of14688
exercising reasonable and ordinary control over a motor vehicle. A14689
restricted license effective for six months shall be issued to any14690
person who is otherwise is qualified and who is subject to any14691
condition that causes episodic impairment of consciousness or a14692
loss of muscular control if the person presents a statement from a14693
licensed physician that the person's condition is under effective14694
medical control and the period of time for which the control has14695
been continuously maintained, unless, thereafter, a medical14696
examination is ordered and, pursuant thereto, cause for denial is14697
found.14698

       A person to whom a six-month restricted license has been14699
issued shall give notice of the person's medical condition to the14700
registrar on forms provided by the registrar and signed by the14701
licensee's physician. The notice shall be sent to the registrar14702
six months after the issuance of the license. Subsequent14703
restricted licenses issued to the same individual shall be14704
effective for six months.14705

       (4) Any person who is unable to understand highway warnings14706
or traffic signs or directions given in the English language;14707

       (5) Any person making an application whose driver's license14708
or driving privileges are under cancellation, revocation, or14709
suspension in the jurisdiction where issued or any other14710
jurisdiction, until the expiration of one year after the license14711
was canceled or revoked or until the period of suspension ends.14712
Any person whose application is denied under this division may14713
file a petition in the municipal court or county court in whose14714
jurisdiction the person resides agreeing to pay the cost of the14715
proceedings and alleging that the conduct involved in the offense14716
that resulted in suspension, cancellation, or revocation in the14717
foreign jurisdiction would not have resulted in a suspension,14718
cancellation, or revocation had the offense occurred in this14719
state. If the petition is granted, the petitioner shall notify14720
the registrar by a certified copy of the court's findings and a14721
license shall not be denied under this division.14722

       (6) Any person who is under a class one or two suspension14723
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of14724
the Revised Code or whose driver's or commercial driver's license14725
or permit has beenwas permanently revoked prior to the effective14726
date of this amendment for a substantially equivalent violation14727
pursuant to division (C) of section 4507.16 of the Revised Code;14728

       (7) Any person who is not a resident or temporary resident14729
of this state.14730

       Sec. 4507.081.  (A) Upon the expiration of a restricted14731
license issued under division (D)(3) of section 4507.08 of the14732
Revised Code and submission of a statement as provided in division14733
(C) of this section, the registrar of motor vehicles may issue a14734
driver's license to the person to whom the restricted license was14735
issued. A driver's license issued under this section, unless14736
otherwise revokedsuspended or canceled, shall be effective for14737
one year.14738

       (B) A driver's license issued under this section may be14739
renewed annually, for no more than three consecutive years,14740
whenever the person to whom the license has been issued submits to14741
the registrar, by certified mail and no sooner than thirty days14742
prior to the expiration date of the license or renewal thereof, a14743
statement as provided in division (C) of this section. A renewal14744
of a driver's license, unless the license is otherwise revoked14745
suspended or canceled, shall be effective for one year following14746
the expiration date of the license or renewal thereof, and shall14747
be evidenced by a validation sticker. The renewal validation14748
sticker shall be in a form prescribed by the registrar and shall14749
be affixed to the license.14750

       (C) No person may be issued a driver's license under this14751
section, and no such driver's license may be renewed, unless the14752
person presents a signed statement from a licensed physician that14753
the person's condition either is dormant or is under effective14754
medical control, that the control has been maintained continuously14755
for at least one year prior to the date on which application for14756
the license is made, and that, if continued medication is14757
prescribed to control the condition, the person may be depended14758
upon to take the medication.14759

       The statement shall be made on a form provided by the14760
registrar, shall be in not less than duplicate, and shall contain14761
any other information the registrar considers necessary. The14762
duplicate copy of the statement may be retained by the person14763
requesting the license renewal and, when in the person's immediate14764
possession and used in conjunction with the original license,14765
shall entitle the person to operate a motor vehicle during a14766
period of no more than thirty days following the date of14767
submission of the statement to the registrar, except when the14768
registrar denies the request for the license renewal and so14769
notifies the person.14770

       (D) Whenever the registrar receives a statement indicating14771
that the condition of a person to whom a driver's license has been14772
issued under this section no longer is dormant or under effective14773
medical control, the registrar shall revokecancel the person's14774
driver's license.14775

       (E) Nothing in this section shall require a person14776
submitting a signed statement from a licensed physician to obtain14777
a medical examination prior to the submission of the statement.14778

       (F) Any person whose driver's license has been revoked14779
canceled under this section may apply for a subsequent restricted14780
license according to the provisions of section 4507.08 of the14781
Revised Code.14782

       Sec. 4507.111.  On receipt of a notice pursuant to section 14783
3123.54 of the Revised Code, the registrar of motor vehicles shall14784
comply with sections 3123.52 to 3123.614 of the Revised Code and14785
any applicable rules adopted under section 3123.63 of the Revised14786
Code with respect to aany driver's or commercial license or14787
permit, motorcycle operator's license or endorsement, or temporary14788
instruction permit or commercial driver's temporary instruction14789
permit issued pursuant to this chapterby this state that is the14790
subject of the notice.14791

       Sec. 4507.12.  (A) Except as provided in division (C) of14792
section 4507.10 of the Revised Code, each person applying for the14793
renewal of a driver's license shall submit to a screening of his14794
the person's vision before the license may be renewed. The vision14795
screening shall be conducted at the office of the deputy registrar14796
receiving the application for license renewal.14797

       (B) When the results of a vision screening given under14798
division (A) of this section indicate that the vision of the14799
person examined meets the standards required for licensing, the14800
deputy registrar may renew the person's driver's license at that14801
time.14802

       (C) When the results of a vision screening given under14803
division (A) of this section indicate that the vision of the14804
person screened may not meet the standards required for licensing,14805
the deputy registrar shall not renew the person's driver's license14806
at that time but shall refer the person to a driver's license14807
examiner appointed by the superintendent of the state highway14808
patrol under section 5503.21 of the Revised Code for a further14809
examination of histhe person's vision. When a person referred to14810
a driver's license examiner by a deputy registrar does not meet14811
the vision standards required for licensing, the driver's license14812
examiner shall retain the person's operator's or chauffeur's14813
license and shall immediately notify the registrar of motor14814
vehicles of that fact. No driver's license shall be issued to any14815
such person, until the person's vision is corrected to meet the14816
standards required for licensing and the person passes the vision14817
screening required by this section. Any person who operates a14818
motor vehicle on a highway, or on any public or private property14819
used by the public for purposes of vehicular travel or parking,14820
during the time histhe person's driver's license is held by a14821
driver's license examiner under this division, shall be deemed to14822
be operating a motor vehicle in violation of division (A) of14823
section 4507.024510.12 of the Revised Code.14824

       (D) The registrar shall adopt rules and shall provide any14825
forms necessary to properly conduct vision screenings at the14826
office of a deputy registrar.14827

       (E) No person conducting vision screenings under this14828
section shall be personally liable for damages for injury or loss14829
to persons or property and for death caused by the operation of a14830
motor vehicle by any person whose driver's license was renewed by14831
the deputy registrar under division (B) of this section.14832

       Sec. 4507.13.  (A) The registrar of motor vehicles shall14833
issue a driver's license to every person licensed as an operator14834
of motor vehicles other than commercial motor vehicles. No person14835
licensed as a commercial motor vehicle driver under Chapter 4506.14836
of the Revised Code need procure a driver's license, but no person14837
shall drive any commercial motor vehicle unless licensed as a14838
commercial motor vehicle driver.14839

       Every driver's license shall display on it the distinguishing14840
number assigned to the licensee and shall display the licensee's14841
name and date of birth; the licensee's residence address and14842
county of residence; a color photograph of the licensee; a brief14843
description of the licensee for the purpose of identification; a14844
facsimile of the signature of the licensee as it appears on the14845
application for the license; a space marked "blood type" in which14846
a licensee may specify the licensee's blood type; a notation, in a14847
manner prescribed by the registrar, indicating any condition14848
described in division (D)(3) of section 4507.08 of the Revised14849
Code to which the licensee is subject; if the licensee has14850
executed a durable power of attorney for health care or a14851
declaration governing the use or continuation, or the withholding14852
or withdrawal, of life-sustaining treatment and has specified that14853
the licensee wishes the license to indicate that the licensee has14854
executed either type of instrument, any symbol chosen by the14855
registrar to indicate that the licensee has executed either type14856
of instrument; and any additional information that the registrar14857
requires by rule. No license shall display the licensee's social14858
security number unless the licensee specifically requests that the14859
licensee's social security number be displayed on the license. 14860
If federal law requires the licensee's social security number to14861
be displayed on the license, the social security number shall be14862
displayed on the license notwithstanding this section.14863

       The driver's license for licensees under twenty-one years of14864
age shall have characteristics prescribed by the registrar14865
distinguishing it from that issued to a licensee who is twenty-one14866
years of age or older, except that a driver's license issued to a14867
person who applies no more than thirty days before the applicant's14868
twenty-first birthday shall have the characteristics of a license14869
issued to a person who is twenty-one years of age or older.14870

       The driver's license issued to a temporary resident shall14871
contain the word "nonrenewable" and shall have any additional14872
characteristics prescribed by the registrar distinguishing it from14873
a license issued to a resident.14874

       Every driver's or commercial driver's license displaying a14875
motorcycle operator's endorsement and every restricted license to14876
operate a motor vehicle also shall display the designation14877
"novice," if the endorsement or license is issued to a person who14878
is eighteen years of age or older and previously has not been14879
licensed to operate a motorcycle by this state or another14880
jurisdiction recognized by this state. The "novice" designation14881
shall be effective for one year after the date of issuance of the14882
motorcycle operator's endorsement or license.14883

       Each license issued under this section shall be of such14884
material and so designed as to prevent its reproduction or14885
alteration without ready detection and, to this end, shall be14886
laminated with a transparent plastic material.14887

       (B) Except in regard to a driver's license issued to a14888
person who applies no more than thirty days before the applicant's14889
twenty-first birthday, neither the registrar nor any deputy14890
registrar shall issue a driver's license to anyone under14891
twenty-one years of age that does not have the characteristics14892
prescribed by the registrar distinguishing it from the driver's14893
license issued to persons who are twenty-one years of age or14894
older.14895

       (C)Whoever violates division (B) of this section is guilty14896
of a minor misdemeanor.14897

       Sec. 4507.14.  The registrar of motor vehicles upon issuing a14898
driver's license, a motorcycle operator's endorsement, a driver's14899
license renewal, or the renewal of any other license issued under14900
this chapter, whenever good cause appears, may impose restrictions14901
suitable to the licensee's driving ability with respect to the14902
type of or special mechanical control devices required on a motor14903
vehicle whichthat the licensee may operate, or suchany other14904
restrictions applicable to the licensee asthat the registrar14905
determines to be necessary.14906

       When issuing a license to a person with impaired hearing, the14907
registrar shall require that a motor vehicle operated by the14908
person be equipped with two outside rear vision mirrors, one on14909
the left side and the other on the right side.14910

       The registrar either may issue a special restricted license14911
or may set forth suchany restrictions applicable to the license14912
upon the usual license form.14913

       The registrar, upon receiving satisfactory evidence of any14914
violation of the restrictions of suchany license, after an14915
opportunity for a hearing in accordance with Chapter 119. of the14916
Revised Code, may suspend the license for a period of six months14917
impose upon the offender a class D suspension of the license from14918
the range specified in division (B)(4) of section 4510.02 of the14919
Revised Code.14920

       Sec. 4507.15.  For the purpose of enforcing sections 4507.0114921
to 4507.39, inclusive,this chapter and Chapter4510. of the14922
Revised Code, any court of record having criminal jurisdiction14923
shall have county-wide jurisdiction within the county in which it14924
is located to hear and finally determine cases arising under such14925
sectionsthis chapter and Chapter 4510. of the Revised Code. Such14926
actionsAn action arising under this section shall be commenced by14927
the filing of an affidavit, and the right of trial by jury is14928
preserved, but indictments are not required in misdemeanor cases14929
arising under such sectionsthis chapter and Chapter 4510. of the14930
Revised Code. The registrar shall prepare and furnish blanks for14931
the use of saidthe court in making reports of said convictions14932
and bond forfeitures arising under this chapter and Chapter 4510.14933
of the Revised Code.14934

       Sec. 4507.16.  (A)(1) The trial judge of any court of14935
record, in addition to or independent of all other penalties14936
provided by law or by ordinance, shall suspend for not less than14937
thirty days or more than three years or shall revoke the driver's14938
or commercial driver's license or permit or nonresident operating14939
privilege of any person who is convicted of or pleads guilty to14940
any of the following:14941

       (a) Perjuryimpose upon any person who is convicted of or14942
pleads guilty to perjury or the making of a false affidavit under14943
this chapter, or any other law of this state requiring the14944
registration of motor vehicles or regulating their operation on14945
the highway;14946

       (b) Any crime punishable as a felony under the motor vehicle14947
laws of this state or any other felony in the commission of which14948
a motor vehicle is used;14949

       (c) Failing to stop and disclose identity at the scene of14950
the accident when required by law or ordinance to do so;14951

       (d) Street racing as defined in section 4511.251 of the14952
Revised Code or any substantially similar municipal ordinance;14953

       (e) Willfully eluding or fleeing a police officer;14954

       (f) Trafficking in cigarettes with the intent to avoid14955
payment of the cigarette tax under division (A) of section14956
5743.112 of the Revised Code.14957

       (2) Subject to division (D)(1) of this section, the trial14958
judge of any court of record, in addition to or independent of all14959
other penalties provided by law or by ordinance, shall suspend the14960
driver's or commercial driver's license or permit or nonresident14961
operating privilege of any person who is convicted of or pleads14962
guilty to a violation of section 2903.06 or 2903.08 of the Revised14963
Code. The suspension shall be for the period of time specified in14964
section 2903.06 or 2903.08 of the Revised Code, whichever is14965
applicable.14966

       (3) If a person is convicted of or pleads guilty to a14967
violation of section 2907.24 of the Revised Code, an attempt to14968
commit a violation of that section, or a violation of or an14969
attempt to commit a violation of a municipal ordinance that is14970
substantially equivalent to that section and if the person, in14971
committing or attempting to commit the violation, was in, was on,14972
or used a motor vehicle, the trial judge of a court of record, in14973
addition to or independent of all other penalties provided by law14974
or ordinance, shall suspend for thirty days the person's driver's14975
or commercial driver's license or permit.14976

       The trial judge of any court of record, in addition to14977
suspensions or revocations of licenses, permits, or privileges14978
pursuant to this division and in addition to or independent of all14979
other penalties provided by law or by ordinance, shall impose a14980
suspended jail sentence not to exceed six months, if imprisonment14981
was not imposed for the offense for which the person was14982
convicted, a class six suspension of the offender's driver's14983
license, commercial driver's license, temporary instruction14984
permit, probationary license, or nonresident operating privilege14985
from the range specified in division (A)(6) of section 4510.02 of14986
the Revised Code. No judge shall suspend the first three months14987
of suspension of an offender's license, permit, or privilege14988
required by this division.14989

       (4)(B) If the trial judge of any court of record suspends or14990
revokes the driver's or commercial driver's license or permit or14991
nonresident operating privilege of a person who is convicted of or14992
pleads guilty to any offense for which sucha suspension or14993
revocationof that type is provided by law or ordinance, in14994
addition to all other penalties provided by law or ordinance, the14995
judge may issue an order prohibiting the offender from14996
registering, renewing, or transferring the registration of any14997
vehicle during the period that the offender's license, permit, or14998
privilege is suspended or revoked. The court promptly shall send14999
a copy of the order to the registrar of motor vehicles.15000

       Upon receipt of such anthe order from the court, neither the15001
registrar nor any deputy registrar shall accept any application15002
for the registration, registration renewal, or transfer of15003
registration of any motor vehicle owned or leased by the person15004
named in the order during the period that the person's license,15005
permit, or privilege is suspended or revoked, unless the registrar15006
is properly notified by the court that the order of suspension or15007
revocation has been canceled. When the period of suspension or15008
revocation expires or the order is canceled, the registrar or15009
deputy registrar shall accept the application for registration,15010
registration renewal, or transfer of registration of the person15011
named in the order.15012

       (B) Except as otherwise provided in this section, the trial15013
judge of any court of record and the mayor of a mayor's court, in15014
addition to or independent of all other penalties provided by law15015
or by ordinance, shall revoke the driver's or commercial driver's15016
license or permit or nonresident operating privilege of any person15017
who is convicted of or pleads guilty to a violation of division15018
(A) of section 4511.19 of the Revised Code, of a municipal15019
ordinance relating to operating a vehicle while under the15020
influence of alcohol, a drug of abuse, or alcohol and a drug of15021
abuse, or of a municipal ordinance that is substantially15022
equivalent to division (A) of section 4511.19 of the Revised Code15023
relating to operating a vehicle with a prohibited concentration of15024
alcohol in the blood, breath, or urine or suspend the license,15025
permit, or privilege as follows:15026

       (1) Except when division (B)(2), (3), or (4) of this section15027
applies and the judge or mayor is required to suspend or revoke15028
the offender's license or permit pursuant to that division, the15029
judge or mayor shall suspend the offender's driver's or commercial15030
driver's license or permit or nonresident operating privilege for15031
not less than six months nor more than three years.15032

       (2) Subject to division (B)(4) of this section, if, within15033
six years of the offense, the offender has been convicted of or15034
pleaded guilty to one violation of division (A) or (B) of section15035
4511.19 of the Revised Code, a municipal ordinance relating to15036
operating a vehicle while under the influence of alcohol, a drug15037
of abuse, or alcohol and a drug of abuse, a municipal ordinance15038
relating to operating a motor vehicle with a prohibited15039
concentration of alcohol in the blood, breath, or urine, section15040
2903.04 of the Revised Code in a case in which the offender was15041
subject to the sanctions described in division (D) of that15042
section, section 2903.06 or 2903.08 of the Revised Code, former15043
section 2903.07 of the Revised Code, or a municipal ordinance that15044
is substantially similar to former section 2903.07 of the Revised15045
Code in a case in which the jury or judge found that the offender15046
was under the influence of alcohol, a drug of abuse, or alcohol15047
and a drug of abuse, or a statute of the United States or of any15048
other state or a municipal ordinance of a municipal corporation15049
located in any other state that is substantially similar to15050
division (A) or (B) of section 4511.19 of the Revised Code, the15051
judge shall suspend the offender's driver's or commercial driver's15052
license or permit or nonresident operating privilege for not less15053
than one year nor more than five years.15054

       (3) Subject to division (B)(4) of this section, if, within15055
six years of the offense, the offender has been convicted of or15056
pleaded guilty to two violations described in division (B)(2) of15057
this section, or a statute of the United States or of any other15058
state or a municipal ordinance of a municipal corporation located15059
in any other state that is substantially similar to division (A)15060
or (B) of section 4511.19 of the Revised Code, the judge shall15061
suspend the offender's driver's or commercial driver's license or15062
permit or nonresident operating privilege for not less than one15063
year nor more than ten years.15064

       (4) If, within six years of the offense, the offender has15065
been convicted of or pleaded guilty to three or more violations15066
described in division (B)(2) of this section, a statute of the15067
United States or of any other state or a municipal ordinance of a15068
municipal corporation located in any other state that is15069
substantially similar to division (A) or (B) of section 4511.19 of15070
the Revised Code, or if the offender previously has been convicted15071
of or pleaded guilty to a violation of division (A) of section15072
4511.19 of the Revised Code under circumstances in which the15073
violation was a felony and regardless of when the violation and15074
the conviction or guilty plea occurred, the judge shall suspend15075
the offender's driver's or commercial driver's license or permit15076
or nonresident operating privilege for a period of time set by the15077
court but not less than three years, and the judge may permanently15078
revoke the offender's driver's or commercial driver's license or15079
permit or nonresident operating privilege.15080

       (5) The filing of an appeal by a person whose driver's or15081
commercial driver's license is suspended or revoked under division15082
(B)(1), (2), (3), or (4) of this section regarding any aspect of15083
the person's trial or sentence does not stay the operation of the15084
suspension or revocation.15085

       (C) The trial judge of any court of record or the mayor of a15086
mayor's court, in addition to or independent of all other15087
penalties provided by law or by ordinance, may suspend the15088
driver's or commercial driver's license or permit or nonresident15089
operating privilege of any person who violates a requirement or15090
prohibition of the court imposed under division (F) of this15091
section or division (G)(1) of section 2951.02 of the Revised Code15092
as follows:15093

       (1) For not more than one year, upon conviction for a first15094
violation of the requirement or prohibition;15095

       (2) For not more than five years, upon conviction for a15096
second or subsequent violation of the requirement or prohibition15097
during the same period of required use of an ignition interlock15098
device that is certified pursuant to section 4511.83 of the15099
Revised Code.15100

       (D)(1) The trial judge of any court of record, in addition15101
to or independent of all other penalties provided by law or by15102
ordinance, shall permanently revoke the driver's or commercial15103
driver's license or permit or nonresident operating privilege of15104
any person who is convicted of or pleads guilty to a violation of15105
section 2903.04 or 2903.06 of the Revised Code in a case in which15106
division (D) of section 2903.04 or division (B) of section 2903.0615107
of the Revised Code requires the judge to permanently revoke the15108
license, permit, or privilege.15109

       (2) In addition to any prison term authorized or required by15110
the section that establishes the offense and sections 2929.13 and15111
2929.14 of the Revised Code, and in addition to any other sanction15112
imposed for the offense under the section that establishes the15113
offense or sections 2929.11 to 2929.182 of the Revised Code, the15114
court that sentences an offender who is convicted of or pleads15115
guilty to a violation of section 2925.02, 2925.03, 2925.04,15116
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,15117
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the15118
Revised Code either shall revoke or, if it does not revoke, shall15119
suspend for not less than six months or more than five years, as15120
specified in the section that establishes the offense, the15121
person's driver's or commercial driver's license or permit. If15122
the person's driver's or commercial driver's license or permit is15123
under suspension on the date the court imposes sentence upon the15124
person, any revocation imposed upon the person that is referred to15125
in division (D)(2) of this section shall take effect immediately. 15126
If the person's driver's or commercial driver's license or permit15127
is under suspension on the date the court imposes sentence upon15128
the person, any period of suspension imposed upon the person that15129
is referred to in division (D)(2) of this section shall take15130
effect on the next day immediately following the end of that15131
period of suspension. If the person is sixteen years of age or15132
older and is a resident of this state but does not have a current,15133
valid Ohio driver's or commercial driver's license or permit, the15134
court shall order the registrar to deny to the person the issuance15135
of a driver's or commercial driver's license or permit for six15136
months beginning on the date the court imposes a sentence upon the15137
person. If the person has not attained the age of sixteen years15138
on the date the court sentences the person for the violation, the15139
period of denial shall commence on the date the person attains the15140
age of sixteen years.15141

       (E) Except as otherwise provided in this section, the trial15142
judge of any court of record and the mayor of a mayor's court, in15143
addition to or independent of all other penalties provided by law15144
or ordinance, shall suspend for not less than sixty days nor more15145
than two years the driver's or commercial driver's license or15146
permit or nonresident operating privilege of any person who is15147
convicted of or pleads guilty to a violation of division (B) of15148
section 4511.19 of the Revised Code or of a municipal ordinance15149
substantially equivalent to that division relating to operating a15150
vehicle with a prohibited concentration of alcohol in the blood,15151
breath, or urine.15152

       (F)(1) A person is not entitled to request, and a judge or15153
mayor shall not grant to the person, occupational driving15154
privileges under division (F) of this section if a person's15155
driver's or commercial driver's license or permit or nonresident15156
operating privilege has been suspended pursuant to division (B) or15157
(C) of this section or pursuant to division (F) of section15158
4511.191 of the Revised Code, and the person, within the preceding15159
seven years, has been convicted of or pleaded guilty to three or15160
more violations of one or more of the following:15161

       (a) Division (A) or (B) of section 4511.19 of the Revised15162
Code;15163

       (b) A municipal ordinance relating to operating a vehicle15164
while under the influence of alcohol, a drug of abuse, or alcohol15165
and a drug of abuse;15166

       (c) A municipal ordinance relating to operating a vehicle15167
with a prohibited concentration of alcohol in the blood, breath,15168
or urine;15169

       (d) Section 2903.04 of the Revised Code in a case in which15170
the person was subject to the sanctions described in division (D)15171
of that section;15172

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of15173
section 2903.08 of the Revised Code or a municipal ordinance that15174
is substantially similar to either of those divisions;15175

       (f) Division (A)(2), (3), or (4) of section 2903.06,15176
division (A)(2) of section 2903.08, or former section 2903.07 of15177
the Revised Code, or a municipal ordinance that is substantially15178
similar to any of those divisions or that former section, in a15179
case in which the jury or judge found that the person was under15180
the influence of alcohol, a drug of abuse, or alcohol and a drug15181
of abuse;15182

       (g) A statute of the United States or of any other state or15183
a municipal ordinance of a municipal corporation located in any15184
other state that is substantially similar to division (A) or (B)15185
of section 4511.19 of the Revised Code.15186

       (2) Any other person who is not described in division (F)(1)15187
of this section and whose driver's or commercial driver's license15188
or nonresident operating privilege has been suspended under any of15189
those divisions may file a petition that alleges that the15190
suspension would seriously affect the person's ability to continue15191
the person's employment. The petition of a person whose license,15192
permit, or privilege was suspended pursuant to division (F) of15193
section 4511.191 of the Revised Code shall be filed in the court15194
specified in division (I)(4) of that section, and the petition of15195
a person whose license, permit, or privilege was suspended under15196
division (B) or (C) of this section shall be filed in the15197
municipal, county, mayor's, or in the case of a minor, juvenile15198
court that has jurisdiction over the place of arrest. Upon15199
satisfactory proof that there is reasonable cause to believe that15200
the suspension would seriously affect the person's ability to15201
continue the person's employment, the judge of the court or mayor15202
of the mayor's court may grant the person occupational driving15203
privileges during the period during which the suspension otherwise15204
would be imposed, except that the judge or mayor shall not grant15205
occupational driving privileges for employment as a driver of15206
commercial motor vehicles to any person who is disqualified from15207
operating a commercial motor vehicle under section 3123.611 or15208
4506.16 of the Revised Code or whose commercial driver's license15209
or commercial driver's temporary intruction permit has been15210
suspended under section 3123.58 of the Revised Code, and shall not15211
grant occupational driving privileges during any of the following15212
periods of time:15213

       (a) The first fifteen days of suspension imposed upon an15214
offender whose license, permit, or privilege is suspended pursuant15215
to division (B)(1) of this section or division (F)(1) of section15216
4511.191 of the Revised Code. On or after the sixteenth day of15217
suspension, the court may grant the offender occupational driving15218
privileges, but the court may provide that the offender shall not15219
exercise the occupational driving privileges unless the vehicles15220
the offender operates are equipped with ignition interlock15221
devices.15222

       (b) The first thirty days of suspension imposed upon an15223
offender whose license, permit, or privilege is suspended pursuant15224
to division (B)(2) of this section or division (F)(2) of section15225
4511.191 of the Revised Code. On or after the thirty-first day of15226
suspension, the court may grant the offender occupational driving15227
privileges, but the court may provide that the offender shall not15228
exercise the occupational driving privileges unless the vehicles15229
the offender operates are equipped with ignition interlock15230
devices.15231

       (c) The first one hundred eighty days of suspension imposed15232
upon an offender whose license, permit, or privilege is suspended15233
pursuant to division (B)(3) of this section or division (F)(3) of15234
section 4511.191 of the Revised Code. The judge may grant15235
occupational driving privileges to an offender who receives a15236
suspension under either of those divisions on or after the one15237
hundred eighty-first day of the suspension only if division (F) of15238
this section does not prohibit the judge from granting the15239
privileges and only if the judge, at the time of granting the15240
privileges, also issues an order prohibiting the offender, while15241
exercising the occupational driving privileges during the period15242
commencing with the one hundred eighty-first day of suspension and15243
ending with the first year of suspension, from operating any motor15244
vehicle unless it is equipped with a certified ignition interlock15245
device. After the first year of the suspension, the court may15246
authorize the offender to continue exercising the occupational15247
driving privileges in vehicles that are not equipped with ignition15248
interlock devices. If the offender does not petition for15249
occupational driving privileges until after the first year of15250
suspension and if division (F) of this section does not prohibit15251
the judge from granting the privileges, the judge may grant the15252
offender occupational driving privileges without requiring the use15253
of a certified ignition interlock device.15254

       (d) The first three years of suspension imposed upon an15255
offender whose license, permit, or privilege is suspended pursuant15256
to division (B)(4) of this section or division (F)(4) of section15257
4511.191 of the Revised Code. The judge may grant occupational15258
driving privileges to an offender who receives a suspension under15259
either of those divisions after the first three years of15260
suspension only if division (F) of this section does not prohibit15261
the judge from granting the privileges and only if the judge, at15262
the time of granting the privileges, also issues an order15263
prohibiting the offender from operating any motor vehicle, for the15264
period of suspension following the first three years of15265
suspension, unless the motor vehicle is equipped with a certified15266
ignition interlock device.15267

       (G) If a person's driver's or commercial driver's license or15268
permit or nonresident operating privilege has been suspended under15269
division (E) of this section, and the person, within the preceding15270
seven years, has been convicted of or pleaded guilty to three or15271
more violations identified in division (F)(1) of this section, the15272
person is not entitled to request, and the judge or mayor shall15273
not grant to the person, occupational driving privileges under15274
this division. Any other person whose driver's or commercial15275
driver's license or nonresident operating privilege has been15276
suspended under division (E) of this section may file a petition15277
that alleges that the suspension would seriously affect the15278
person's ability to continue the person's employment. The15279
petition shall be filed in the municipal, county, or mayor's court15280
that has jurisdiction over the place of arrest. Upon satisfactory15281
proof that there is reasonable cause to believe that the15282
suspension would seriously affect the person's ability to continue15283
the person's employment, the judge of the court or mayor of the15284
mayor's court may grant the person occupational driving privileges15285
during the period during which the suspension otherwise would be15286
imposed, except that the judge or mayor shall not grant15287
occupational driving privileges for employment as a driver of15288
commercial motor vehicles to any person who is disqualified from15289
operating a commercial motor vehicle under section 4506.16 of the15290
Revised Code, and shall not grant occupational driving privileges15291
during the first sixty days of suspension imposed upon an offender15292
whose driver's or commercial driver's license or permit or15293
nonresident operating privilege is suspended pursuant to division15294
(E) of this section.15295

       (H)(1) After a driver's or commercial driver's license or15296
permit has been suspended or revoked pursuant to this section, the15297
judge of the court or mayor of the mayor's court that suspended or15298
revoked the license or permit shall cause the offender to deliver15299
the license or permit to the court. The judge, mayor, or clerk of15300
the court or mayor's court, if the license or permit has been15301
suspended or revoked in connection with any of the offenses listed15302
in this section, forthwith shall forward it to the registrar with15303
notice of the action of the court.15304

       (2) Suspension of a commercial driver's license under this15305
section shall be concurrent with any period of disqualification15306
under section 3123.611 or 4506.16 of the Revised Code or any15307
period of suspension under section 3123.58 of the Revised Code. No15308
person who is disqualified for life from holding a commercial15309
driver's license under section 4506.16 of the Revised Code shall15310
be issued a driver's license under this chapter during the period15311
for which the commercial driver's license was suspended under this15312
section, and no person whose commercial driver's license is15313
suspended under this section shall be issued a driver's license15314
under this chapter during the period of the suspension.15315

       (I) No judge shall suspend the first thirty days of15316
suspension of a driver's or commercial driver's license or permit15317
or a nonresident operating privilege required under division (A)15318
of this section, no judge or mayor shall suspend the first six15319
months of suspension required under division (B)(1) of this15320
section, no judge shall suspend the first year of suspension15321
required under division (B)(2) of this section, no judge shall15322
suspend the first year of suspension required under division15323
(B)(3) of this section, no judge shall suspend the first three15324
years of suspension required under division (B)(4) of this15325
section, no judge or mayor shall suspend the revocation required15326
by division (D) of this section, and no judge or mayor shall15327
suspend the first sixty days of suspension required under division15328
(E) of this section, except that the court shall credit any period15329
of suspension imposed pursuant to section 4511.191 or 4511.196 of15330
the Revised Code against any time of suspension imposed pursuant15331
to division (B) or (E) of this section as described in division15332
(J) of this section.15333

       (J) The judge of the court or mayor of the mayor's court15334
shall credit any time during which an offender was subject to an15335
administrative suspension of the offender's driver's or commercial15336
driver's license or permit or nonresident operating privilege15337
imposed pursuant to division (E) or (F) of section 4511.191 or a15338
suspension imposed by a judge, referee, or mayor pursuant to15339
division (B)(1) or (2) of section 4511.196 of the Revised Code15340
against the time to be served under a related suspension imposed15341
pursuant to this section.15342

       (K) The judge or mayor shall notify the bureau of any15343
determinations made, and of any suspensions or revocations15344
imposed, pursuant to division (B) of this section.15345

       (L)(1) If a court issues an ignition interlock order under15346
division (F) of this section, the order shall authorize the15347
offender during the specified period to operate a motor vehicle15348
only if it is equipped with a certified ignition interlock device.15349
The court shall provide the offender with a copy of an ignition15350
interlock order issued under division (F) of this section, and the15351
copy of the order shall be used by the offender in lieu of an Ohio15352
driver's or commercial driver's license or permit until the15353
registrar or a deputy registrar issues the offender a restricted15354
license.15355

       An order issued under division (F) of this section does not15356
authorize or permit the offender to whom it has been issued to15357
operate a vehicle during any time that the offender's driver's or15358
commercial driver's license or permit is suspended or revoked15359
under any other provision of law.15360

       (2) The offender may present the ignition interlock order to15361
the registrar or to a deputy registrar. Upon presentation of the15362
order to the registrar or a deputy registrar, the registrar or15363
deputy registrar shall issue the offender a restricted license. A15364
restricted license issued under this division shall be identical15365
to an Ohio driver's license, except that it shall have printed on15366
its face a statement that the offender is prohibited during the15367
period specified in the court order from operating any motor15368
vehicle that is not equipped with a certified ignition interlock15369
device, and except that the date of commencement and the date of15370
termination of the period shall be indicated conspicuously upon15371
the face of the license.15372

       (3) As used in this section:15373

       (a) "Ignition interlock device" has the same meaning as in15374
section 4511.83 of the Revised Code.15375

       (b) "Certified ignition interlock device" means an ignition15376
interlock device that is certified pursuant to section 4511.83 of15377
the Revised Code.15378


       Sec. 4507.164.  (A) Except as provided in divisions (C) to15380
(E) of this section, when the license of any person is suspended15381
or revoked pursuant to any provision of the Revised Code other15382
than division (B)(G) of section 4507.164511.19 of the Revised15383
Code and other than section 4510.07 of the Revised Code for a15384
violation of a municipal OVI ordinance, the trial judge may15385
impound the identification license plates of any motor vehicle15386
registered in the name of the person.15387

       (B)(1) When the license of any person is suspended or15388
revoked pursuant to division (B)(1)(G)(1)(a) of section 4507.1615389
4511.19 of the Revised Code, or pursuant to section 4510.07 of the15390
Revised Code for a municipal OVI offense when the suspension is15391
equivalent in length to the suspension under division (G) of15392
section 4511.19 of the Revised Code that is specified in this15393
division, the trial judge of the court of record or the mayor of15394
the mayor's court that suspended or revoked the license may15395
impound the identification license plates of any motor vehicle15396
registered in the name of the person.15397

       (2) When the license of any person is suspended or revoked15398
pursuant to division (B)(2)(G)(1)(b) of section 4507.164511.19 of15399
the Revised Code, or pursuant to section 4510.07 of the Revised15400
Code for a municipal OVI offense when the suspension is equivalent15401
in length to the suspension under division (G) of section 4511.1915402
of the Revised Code that is specified in this division, the trial15403
judge of the court of record that suspended or revoked the license15404
shall order the impoundment of the identification license plates15405
of the motor vehicle the offender was operating at the time of the15406
offense and the immobilization of that vehicle in accordance with15407
section 4503.233 and division (A)(2),, (6), or (7)(G)(1)(b) of15408
section 4511.994511.19 or division (B)(2)(i) or (ii)(a) of15409
section 4511.193 of the Revised Code and may impound the15410
identification license plates of any other motor vehicle15411
registered in the name of the person whose license is suspended or15412
revoked.15413

       (3) When the license of any person is suspended or revoked15414
pursuant to division (B)(3)(G)(1)(c), (d), or (4)(e) of section15415
4507.164511.19 of the Revised Code, or pursuant to section15416
4510.07 of the Revised Code for a municipal OVI offense when the15417
suspension is equivalent in length to the suspension under15418
division (G) of section 4511.19 of the Revised Code that is15419
specified in this division, the trial judge of the court of record15420
that suspended or revoked the license shall order the criminal15421
forfeiture to the state of the motor vehicle the offender was15422
operating at the time of the offense in accordance with section15423
4503.234 and division (A)(3) or (4)(G)(1)(c), (d), or (8)(e) of15424
section 4511.994511.19 or division (B)(2)(b)(iii) of section15425
4511.193 of the Revised Code and may impound the identification15426
license plates of any other motor vehicle registered in the name15427
of the person whose license is suspended or revoked.15428

       (C)(1) When a person is convicted of or pleads guilty to a15429
violation of division (D)(2) of section 4507.024510.14 of the15430
Revised Code or a substantially equivalent municipal ordinance and15431
division (B)(1) or (2) of section 4507.994510.14 or division15432
(C)(1) or (2) of section 4507.364510.161 of the Revised Code15433
applies, the trial judge of the court of record or the mayor of15434
the mayor's court that imposes sentence shall order the15435
immobilization of the vehicle the person was operating at the time15436
of the offense and the impoundment of its identification license15437
plates in accordance with section 4503.233 and division (B)(1) or15438
(2) of section 4507.994510.14 or division (C)(1) or (2) of15439
section 4507.3614510.161 of the Revised Code and may impound the15440
identification license plates of any other vehicle registered in15441
the name of that person.15442

       (2) When a person is convicted of or pleads guilty to a15443
violation of division (D)(2) of section 4507.024510.14 of the15444
Revised Code or a substantially equivalent municipal ordinance and15445
division (B)(3) of section 4507.994510.14 or division (C)(3) of15446
section 4507.3614510.161 of the Revised Code applies, the trial15447
judge of the court of record that imposes sentence shall order the15448
criminal forfeiture to the state of the vehicle the person was15449
operating at the time of the offense in accordance with section15450
4503.234 and division (B)(3) of section 4507.994510.14 or15451
division (C)(3) of section 4507.3614510.161 of the Revised Code15452
and may impound the identification license plates of any other15453
vehicle registered in the name of that person.15454

       (D)(1) When a person is convicted of or pleads guilty to a15455
violation of division (B)(1)(A) of section 4507.024510.16 of the15456
Revised Code or a substantially equivalent municipal ordinance and15457
division (C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or15458
division (B)(1) or (2) of section 4507.3614510.161 of the Revised15459
Code applies, the trial judge of the court of record or the mayor15460
of the mayor's court that imposes sentence shall order the15461
immobilization of the vehicle the person was operating at the time15462
of the offense and the impoundment of its identification license15463
plates in accordance with section 4503.233 and division15464
(C)(1)(B)(2) or (2)(3) of section 4507.994510.16 or division15465
(B)(1) or (2) of section 4507.3614510.161 of the Revised Code and15466
may impound the identification license plates of any other vehicle15467
registered in the name of that person.15468

       (2) When a person is convicted of or pleads guilty to a15469
violation of division (B)(1)(A) of section 4507.024510.16 of the15470
Revised Code or a substantially equivalent municipal ordinance and15471
division (C)(3)(B)(4) of section 4507.994510.16 or division15472
(B)(3) of section 4507.3614510.161 of the Revised Code applies,15473
the trial judge of the court of record that imposes sentence shall15474
order the criminal forfeiture to the state of the vehicle the15475
person was operating at the time of the offense in accordance with15476
section 4503.234 and division (C)(3)(B)(4) of section 4507.9915477
4510.16 or division (B)(3) of section 4507.3614510.161 of the15478
Revised Code and may impound the identification license plates of15479
any other vehicle registered in the name of that person.15480

       (E)(1) When a person is convicted of or pleads guilty to a15481
violation of section 4507.334511.203 of the Revised Code and the15482
person is sentenced pursuant to division (E)(C)(1) or(2) of15483
section 4507.994511.203 of the Revised Code, the trial judge of15484
the court of record or the mayor of the mayor's court that imposes15485
sentence shall order the immobilization of the vehicle that was15486
involved in the commission of the offense and the impoundment of15487
its identification license plates in accordance with division15488
(E)(C)(1) or(2) of section 4507.994511.203 and section 4503.23315489
of the Revised Code and may impound the identification license15490
plates of any other vehicle registered in the name of that person.15491

       (2) When a person is convicted of or pleads guilty to a15492
violation of section 4507.334511.203 of the Revised Code and the15493
person is sentenced pursuant to division (E)(2)(C)(3) of section15494
4507.994511.203 of the Revised Code, the trial judge of the court15495
of record or the mayor of the mayor's court that imposes sentence15496
shall order the criminal forfeiture to the state of the vehicle15497
that was involved in the commission of the offense in accordance15498
with division (E)(2)(C)(3) of section 4507.994511.203 and section15499
4503.234 of the Revised Code and may impound the identification15500
license plates of any other vehicle registered in the name of that15501
person.15502

       (F) Except as provided in section 4503.233 or 4503.234 of15503
the Revised Code, when the certificate of registration, the15504
identification license plates, or both have been impounded,15505
division (F)(B) of section 4507.02 of the Revised Code is15506
applicable.15507

       (G)As used in this section, "municipal OVI offense" has the15508
same meaning as in section 4511.181 of the Revised Code.15509

       Sec. 4507.17.  Any person whose license is suspended or15510
revoked under sections 4507.01 to 4507.39, inclusive, of the15511
Revised Code,canceled is not entitled to apply for or receive a15512
new license during the effective dates of suchthe suspension or15513
revocationcancellation.15514

       Sec. 4507.19.  The registrar of motor vehicles may suspend or15515
cancel any driver's license upon determination that such license15516
was obtained unlawfully, was issued in error, or has been altered15517
or willfully destroyed.15518

       Sec. 4507.20.  The registrar of motor vehicles, upon15519
determination that any person has more than seven points charged15520
against him under section 4507.021 of the Revised Code, and is not15521
subject to the provisions of section 4507.022 of the Revised Code,15522
or, havingwhen the registrar has good cause to believe that the15523
holder of a driver's or commercial driver's license is incompetent15524
or otherwise not qualified to be licensed, shall upon written15525
notice of at least fivethirty days sent to the licensee's last15526
known address, require himthe licensee to submit to a driver's15527
license examination or, a physical examination, or both, or a15528
commercial driver's license examination. Upon the conclusion of15529
the examination, the registrar may suspend or revoke the license15530
of the person, or may permit himthe licensee to retain the15531
license, or may issue himthe licensee a restricted license.15532
Refusal or neglect of the licensee to submit to the examination is15533
ground for suspension or revocation of histhe licensee's license.15534

       Sec. 4507.21.  (A) Each applicant for a driver's license15535
shall file an application in the office of the registrar of motor15536
vehicles or of a deputy registrar.15537

       (B)(1) Each person under eighteen years of age applying for15538
a driver's license issued in this state shall present satisfactory15539
evidence of having successfully completed any one of the15540
following:15541

       (a) A driver education course approved by the state15542
department of education.15543

       (b) A driver training course approved by the director of15544
public safety.15545

       (c) A driver training course comparable to a driver15546
education or driver training course described in division15547
(B)(1)(a) or (b) of this section and administered by a branch of15548
the armed forces of the United States and completed by the15549
applicant while residing outside this state for the purpose of15550
being with or near any person serving in the armed forces of the15551
United States.15552

       (2) Each person under eighteen years of age applying for a15553
driver's license also shall present, on a form prescribed by the15554
registrar, an affidavit signed by an eligible adult attesting that15555
the person has acquired at least fifty hours of actual driving15556
experience, with at least ten of those hours being at night.15557

       (C) If the registrar or deputy registrar determines that the15558
applicant is entitled to the driver's license, it shall be issued.15559
If the application shows that the applicant's license has been15560
previously revokedcanceled or suspended, the deputy registrar15561
shall forward the application to the registrar, who shall15562
determine whether the license shall be granted.15563

       (D) All applications shall be filed in duplicate, and the15564
deputy registrar issuing the license shall immediately forward to15565
the office of the registrar the original copy of the application,15566
together with the duplicate copy of the certificate, if issued.15567
The registrar shall prescribe rules as to the manner in which the15568
deputy registrar files and maintains the applications and other15569
records. The registrar shall file every application for a15570
driver's or commercial driver's license and index them by name and15571
number, and shall maintain a suitable record of all licenses15572
issued, all convictions and bond forfeitures, all applications for15573
licenses denied, and all licenses whichthat have been suspended15574
or revokedcanceled.15575

       (E) For purposes of section 2313.06 of the Revised Code, the15576
registrar shall maintain accurate and current lists of the15577
residents of each county who are eighteen years of age or older,15578
have been issued, on and after January 1, 1984, driver's or15579
commercial driver's licenses that are valid and current, and would15580
be electors if they were registered to vote, regardless of whether15581
they actually are registered to vote. The lists shall contain the15582
names, addresses, dates of birth, duration of residence in this15583
state, citizenship status, and social security numbers, if the15584
numbers are available, of the licensees, and may contain any other15585
information that the registrar considers suitable.15586

       (F) Each person under eighteen years of age applying for a15587
motorcycle operator's endorsement or a restricted license enabling15588
the applicant to operate a motorcycle shall present satisfactory15589
evidence of having completed the courses of instruction in the15590
motorcycle safety and education program described in section15591
4508.08 of the Revised Code or a comparable course of instruction15592
administered by a branch of the armed forces of the United States15593
and completed by the applicant while residing outside this state15594
for the purpose of being with or near any person serving in the15595
armed forces of the United States. If the registrar or deputy15596
registrar then determines that the applicant is entitled to the15597
endorsement or restricted license, it shall be issued.15598

       (G) No person shall knowingly make a false statement in an15599
affidavit presented in accordance with division (B)(2) of this15600
section.15601

       (H) As used in this section, "eligible adult" means any of15602
the following persons:15603

       (1) A parent, guardian, or custodian of the applicant;15604

       (2) A person over the age of twenty-one who acts in loco15605
parentis of the applicant and who maintains proof of financial15606
responsibility with respect to the operation of a motor vehicle15607
owned by the applicant or with respect to the applicant's15608
operation of any motor vehicle.15609

       (I)Whoever violates division (G) of this section is guilty15610
of a minor misdemeanor and shall be fined one hundred dollars.15611

       Sec. 4507.30.  No person shall do any of the following:15612

       (A) Display, or cause or permit to be displayed, or possess15613
any identification card, driver's or commercial driver's license,15614
temporary instruction permit, or commercial driver's license15615
temporary instruction permit knowing the same to be fictitious, or15616
to have been canceled, revoked, suspended, or altered;15617

       (B) Lend to a person not entitled thereto, or knowingly15618
permit hima person not entitled thereto to use any identification15619
card, driver's or commercial driver's license, temporary15620
instruction permit, or commercial driver's license temporary15621
instruction permit issued to the person so lending or permitting15622
the use thereof;15623

       (C) Display, or represent as one's own, any identification15624
card, driver's or commercial driver's license, temporary15625
instruction permit, or commercial driver's license temporary15626
instruction permit not issued to the person so displaying the15627
same;15628

       (D) Fail to surrender to the registrar of motor vehicles,15629
upon histhe registrar's demand, any identification card, driver's15630
or commercial driver's license, temporary instruction permit, or15631
commercial driver's license temporary instruction permit which15632
that has been suspended,or canceled, or revoked;15633

       (E) In any application for an identification card, driver's15634
or commercial driver's license, temporary instruction permit, or15635
commercial driver's license temporary instruction permit, or any15636
renewal or duplicate thereof, knowingly conceal a material fact,15637
or present any physician's statement required under section15638
4507.08 or 4507.081 of the Revised Code when knowing the same to15639
be false or fictitious.15640

       (F)Whoever violates any division of this section is guilty15641
of a misdemeanor of the first degree.15642

       Sec. 4507.31. (A) No person shall cause or knowingly permit15643
any minor under eighteen to drive a motor vehicle upon a highway15644
as an operator, unless suchthe minor has first obtained a license15645
or permit to drive a motor vehicle under sections 4507.01 to15646
4507.39, inclusive, of the Revised Codethis chapter.15647

       (B)Whoever violates this section is guilty of a misdemeanor15648
of the first degree.15649

       Sec. 4507.321. (A) Notwithstanding the definition of15650
"chauffeur" in section 4501.01 of the Revised Code, no person15651
shall employ,any minor for the purpose of operating a taxicab,15652
any minor under eighteen years of age.15653

       (B)Whoever violates this section is guilty of a misdemeanor15654
of the first degree.15655

       Sec. 4507.35. (A) The operator of a motor vehicle shall15656
display histhe operator's driver's license, or furnish15657
satisfactory proof that hethe operator has sucha driver's15658
license, upon demand of any peace officer or of any person damaged15659
or injured in any collision in which suchthe licensee may be15660
involved. When a demand is properly made and the operator has his15661
the operator's driver's license on or about histhe operator's15662
person, hethe operator shall not refuse to display saidthe15663
license. FailureA person's failure to furnish satisfactory15664
evidence that suchthe person is licensed under sections 4507.0115665
to 4507.30 of the Revised Codethis chapter when suchthe person15666
does not have histhe person's license on or about histhe15667
person's person shall be prima-facie evidence of histhe person's15668
not having obtained sucha driver's license.15669

       (B)Whoever violates this section is guilty of a misdemeanor15670
of the first degree.15671

       Sec. 4507.36. (A) No person shall knowingly make a false15672
statement to any matter or thing required by sections 4507.01 to15673
4507.39, inclusive, of the Revised Codethis chapter.15674

       (B)Whoever violates this section is guilty of a misdemeanor15675
of the first degree.15676

       Sec. 4507.45.  If a person's driver's license, commercial15677
driver's license, or nonresident operating privilege is suspended,15678
disqualified, or revokedcanceled for an indefinite period of time15679
or for a period of at least ninety days, and if at the end of the15680
period of suspension, disqualification, or revocationcancellation15681
the person is eligible to have the license or privilege15682
reinstated, the registrar of motor vehicles shall collect a15683
reinstatement fee of thirty dollars when the person requests15684
reinstatement. However, the registrar shall not collect the fee15685
prescribed by this section if a different driver's license,15686
commercial driver's license, or nonresident operating privilege15687
reinstatement fee is prescribed by law.15688

       Sec. 4507.50.  (A) The registrar of motor vehicles or a15689
deputy registrar, upon receipt of an application filed in15690
compliance with section 4507.51 of the Revised Code by any person15691
who is a resident or a temporary resident of this state and,15692
except as otherwise provided in this section, is not licensed as15693
an operator of a motor vehicle in this state or another licensing15694
jurisdiction, and, except as provided in division (B) of this15695
section, upon receipt of a fee of three dollars and fifty cents,15696
shall issue an identification card to that person.15697

       Any person who is a resident or temporary resident of this15698
state whose Ohio driver's or commercial driver's license has been15699
suspended or revokedcanceled, upon application in compliance with15700
section 4507.51 of the Revised Code and, except as provided in15701
division (B) of this section, payment of a fee of three dollars15702
and fifty cents, may be issued a temporary identification card.15703
The temporary identification card shall be identical to an15704
identification card, except that it shall be printed on its face15705
with a statement that the card is valid during the effective dates15706
of the suspension or revocationcancellation of the cardholder's15707
license, or until the birthday of the cardholder in the fourth15708
year after the date on which it is issued, whichever is shorter.15709
The cardholder shall surrender the identification card to the15710
registrar or any deputy registrar before the cardholder's driver's15711
or commercial driver's license is restored or reissued.15712

       Except as provided in division (B) of this section, the15713
deputy registrar shall be allowed a fee of two dollars and 15714
seventy-five cents commencing on July 1, 2001, three dollars and15715
twenty-five cents commencing on January 1, 2003, and three dollars15716
and fifty cents commencing on January 1, 2004, for each15717
identification card issued under this section. The fee allowed to15718
the deputy registrar shall be in addition to the fee for issuing15719
an identification card.15720

       Neither the registrar nor any deputy registrar shall charge a15721
fee in excess of one dollar and fifty cents for laminating an15722
identification card or temporary identification card. A deputy15723
registrar laminating such a card shall retain the entire amount of15724
the fee charged for lamination, less the actual cost to the15725
registrar of the laminating materials used for that lamination, as15726
specified in the contract executed by the bureau for the15727
laminating materials and laminating equipment. The deputy15728
registrar shall forward the amount of the cost of the laminating15729
materials to the registrar for deposit as provided in this15730
section.15731

       The fee collected for issuing an identification card under15732
this section, except the fee allowed to the deputy registrar,15733
shall be paid into the state treasury to the credit of the state15734
bureau of motor vehicles fund created in section 4501.25 of the15735
Revised Code.15736

       (B) A disabled veteran who has a service-connected15737
disability rated at one hundred per cent by the veterans'15738
administration may apply to the registrar or a deputy registrar15739
for the issuance to that veteran of an identification card or a15740
temporary identification card under this section without payment15741
of any fee prescribed in division (A) of this section, including15742
any lamination fee.15743

       If the identification card or temporary identification card15744
of a disabled veteran described in this division is laminated by a15745
deputy registrar who is acting as a deputy registrar pursuant to a15746
contract with the registrar that is in effect on the effective15747
date of this amendment, the disabled veteran shall pay the deputy15748
registrar the lamination fee prescribed in division (A) of this15749
section. If the identification card or temporary identification15750
card is laminated by a deputy registrar who is acting as a deputy15751
registrar pursuant to a contract with the registrar that is15752
executed after July 29, 1998, the disabled veteran is not15753
required to pay the deputy registrar the lamination fee prescribed15754
in division (A) of this section.15755

       A disabled veteran whose identification card or temporary15756
identification card is laminated by the registrar is not required15757
to pay the registrar any lamination fee.15758

       An application made under division (A) of this section shall15759
be accompanied by such documentary evidence of disability as the15760
registrar may require by rule.15761

       Sec. 4507.52. (A) Each identification card issued by the15762
registrar of motor vehicles or a deputy registrar shall display a15763
distinguishing number assigned to the cardholder, and shall15764
display the following inscription:15765

"STATE OF OHIO IDENTIFICATION CARD
15766

       This card is not valid for the purpose of operating a motor15767
vehicle. It is provided solely for the purpose of establishing15768
the identity of the bearer described on the card, who currently is15769
not licensed to operate a motor vehicle in the state of Ohio."15770

       The identification card shall display substantially the same15771
information as contained in the application and as described in15772
division (A)(1) of section 4507.51 of the Revised Code, but shall15773
not display the cardholder's social security number unless the15774
cardholder specifically requests that the cardholder's social15775
security number be displayed on the card. If federal law15776
requires the cardholder's social security number to be displayed15777
on the identification card, the social security number shall be15778
displayed on the card notwithstanding this section. The15779
identification card also shall display the color photograph of the15780
cardholder. If the cardholder has executed a durable power of15781
attorney for health care or a declaration governing the use or15782
continuation, or the withholding or withdrawal, of life-sustaining15783
treatment and has specified that the cardholder wishes the15784
identification card to indicate that the cardholder has executed15785
either type of instrument, the card also shall display any symbol15786
chosen by the registrar to indicate that the cardholder has15787
executed either type of instrument. The card shall be sealed in15788
transparent plastic or similar material and shall be so designed15789
as to prevent its reproduction or alteration without ready15790
detection.15791

       The identification card for persons under twenty-one years of15792
age shall have characteristics prescribed by the registrar15793
distinguishing it from that issued to a person who is twenty-one15794
years of age or older, except that an identification card issued15795
to a person who applies no more than thirty days before the15796
applicant's twenty-first birthday shall have the characteristics15797
of an identification card issued to a person who is twenty-one15798
years of age or older.15799

       Every identification card issued to a resident of this state15800
shall expire, unless canceled or surrendered earlier, on the15801
birthday of the cardholder in the fourth year after the date on15802
which it is issued. Every identification card issued to a15803
temporary resident shall expire in accordance with rules adopted15804
by the registrar and is nonrenewable, but may be replaced with a15805
new identification card upon the applicant's compliance with all15806
applicable requirements. A cardholder may renew the cardholder's15807
identification card within ninety days prior to the day on which15808
it expires by filing an application and paying the prescribed fee15809
in accordance with section 4507.50 of the Revised Code.15810

       If a cardholder applies for a driver's or commercial driver's15811
license in this state or another licensing jurisdiction, the15812
cardholder shall surrender the cardholder's identification card to15813
the registrar or any deputy registrar before the license is15814
issued.15815

       (B) If a card is lost, destroyed, or mutilated, the person to15816
whom the card was issued may obtain a duplicate by doing both of15817
the following:15818

       (A)(1) Furnishing suitable proof of the loss, destruction,15819
or mutilation to the registrar or a deputy registrar;15820

       (B)(2) Filing an application and presenting documentary15821
evidence under section 4507.51 of the Revised Code.15822

       Any person who loses a card and, after obtaining a duplicate,15823
finds the original, immediately shall surrender the original to15824
the registrar or a deputy registrar.15825

       A cardholder may obtain a replacement identification card15826
that reflects any change of the cardholder's name by furnishing15827
suitable proof of the change to the registrar or a deputy15828
registrar and surrendering the cardholder's existing card.15829

       When a cardholder applies for a duplicate or obtains a15830
replacement identification card, the cardholder shall pay a fee of15831
two dollars and fifty cents. A deputy registrar shall be allowed15832
an additional fee of two dollars and seventy-five cents15833
commencing on July 1, 2001, three dollars and twenty-five cents15834
commencing on January 1, 2003, and three dollars and fifty cents15835
commencing on January 1, 2004, for issuing a duplicate or15836
replacement identification card. A disabled veteran who is a15837
cardholder and has a service-connected disability rated at one15838
hundred per cent by the veterans' administration may apply to the15839
registrar or a deputy registrar for the issuance of a duplicate or15840
replacement identification card without payment of any fee15841
prescribed in this section, and without payment of any lamination15842
fee if the disabled veteran would not be required to pay a15843
lamination fee in connection with the issuance of an15844
identification card or temporary identification card as provided15845
in division (B) of section 4507.50 of the Revised Code.15846

       A duplicate or replacement identification card shall expire15847
on the same date as the card it replaces.15848

       (C) The registrar shall cancel any card upon determining that15849
the card was obtained unlawfully, issued in error, or was altered.15850
The registrar also shall cancel any card that is surrendered to15851
the registrar or to a deputy registrar after the holder has15852
obtained a duplicate, replacement, or driver's or commercial15853
driver's license.15854

       (D)(1) No agent of the state or its political subdivisions15855
shall condition the granting of any benefit, service, right, or15856
privilege upon the possession by any person of an identification15857
card. Nothing in this section shall preclude any publicly15858
operated or franchised transit system from using an identification15859
card for the purpose of granting benefits or services of the15860
system.15861

       (2) No person shall be required to apply for, carry, or15862
possess an identification card.15863

       (C)(E) Except in regard to an identification card issued to15864
a person who applies no more than thirty days before the15865
applicant's twenty-first birthday, neither the registrar nor any15866
deputy registrar shall issue an identification card to a person15867
under twenty-one years of age that does not have the15868
characteristics prescribed by the registrar distinguishing it from15869
the identification card issued to persons who are twenty-one years15870
of age or older.15871

       (F)Whoever violates division (E) of this section is guilty15872
of a minor misdemeanor.15873

       Sec. 4507.99.  (A) Whoever violates division (B)(2) or (D)(1)15874
of section 4507.02 of the Revised Code is guilty of driving under15875
suspension or revocation or in violation of license restrictions,15876
a misdemeanor of the first degree. Whoever violates division (C)15877
of section 4507.02 of the Revised Code is guilty of driving15878
without paying a license reinstatement fee, a misdemeanor of the15879
first degree. Except as otherwise provided in division (D) of15880
section 4507.162 of the Revised Code, the court, in addition to or15881
independent of all other penalties provided by law, may suspend15882
for a period not to exceed one year the driver's or commercial15883
driver's license or permit or nonresident operating privilege of15884
any person who pleads guilty to or is convicted of a violation of15885
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised15886
Code.15887

       (B) Whoever violates division (D)(2) of section 4507.02 of15888
the Revised Code is guilty of driving under OMVI suspension or15889
revocation and shall be punished as provided in division (B)(1),15890
(2), or (3) and divisions (B)(4) to (8) of this section.15891

       (1) Except as otherwise provided in division (B)(2) or (3)15892
of this section, driving under OMVI suspension or revocation is a15893
misdemeanor of the first degree, and the court shall sentence the15894
offender to a term of imprisonment of not less than three15895
consecutive days and may sentence the offender pursuant to section15896
2929.21 of the Revised Code to a longer term of imprisonment. As15897
an alternative to the term of imprisonment required to be imposed15898
by this division, but subject to division (B)(6) of this section,15899
the court may sentence the offender to a term of not less than15900
thirty consecutive days of electronically monitored house arrest15901
as defined in division (A)(4) of section 2929.23 of the Revised15902
Code. The period of electronically monitored house arrest shall15903
not exceed six months. In addition, the court shall impose upon15904
the offender a fine of not less than two hundred fifty and not15905
more than one thousand dollars.15906

       Regardless of whether the vehicle the offender was operating15907
at the time of the offense is registered in the offender's name or15908
in the name of another person, the court, in addition to or15909
independent of any other sentence that it imposes upon the15910
offender and subject to section 4503.235 of the Revised Code,15911
shall order the immobilization for thirty days of the vehicle the15912
offender was operating at the time of the offense and the15913
impoundment for thirty days of the identification license plates15914
of that vehicle. The order for immobilization and impoundment15915
shall be issued and enforced in accordance with section 4503.23315916
of the Revised Code.15917

       (2) If, within five years of the offense, the offender has15918
been convicted of or pleaded guilty to one violation of division15919
(D)(2) of section 4507.02 of the Revised Code or a municipal15920
ordinance that is substantially equivalent to that division,15921
driving under OMVI suspension or revocation is a misdemeanor, and15922
the court shall sentence the offender to a term of imprisonment of15923
not less than ten consecutive days and may sentence the offender15924
to a longer definite term of imprisonment of not more than one15925
year. As an alternative to the term of imprisonment required to15926
be imposed by this division, but subject to division (B)(6) of15927
this section, the court may sentence the offender to a term of not15928
less than ninety consecutive days of electronically monitored15929
house arrest as defined in division (A)(4) of section 2929.23 of15930
the Revised Code. The period of electronically monitored house15931
arrest shall not exceed one year. In addition, the court shall15932
impose upon the offender a fine of not less than five hundred and15933
not more than two thousand five hundred dollars.15934

       Regardless of whether the vehicle the offender was operating15935
at the time of the offense is registered in the offender's name or15936
in the name of another person, the court, in addition to or15937
independent of any other sentence that it imposes upon the15938
offender and subject to section 4503.235 of the Revised Code,15939
shall order the immobilization for sixty days of the vehicle the15940
offender was operating at the time of the offense and the15941
impoundment for sixty days of the identification license plates of15942
that vehicle. The order for immobilization and impoundment shall15943
be issued and enforced in accordance with section 4503.233 of the15944
Revised Code.15945

       (3) If, within five years of the offense, the offender has15946
been convicted of or pleaded guilty to two or more violations of15947
division (D)(2) of section 4507.02 of the Revised Code or a15948
municipal ordinance that is substantially equivalent to that15949
division, driving under OMVI suspension or revocation is guilty of15950
a misdemeanor. The court shall sentence the offender to a term of15951
imprisonment of not less than thirty consecutive days and may15952
sentence the offender to a longer definite term of imprisonment of15953
not more than one year. The court shall not sentence the offender15954
to a term of electronically monitored house arrest as defined in15955
division (A)(4) of section 2929.23 of the Revised Code. In15956
addition, the court shall impose upon the offender a fine of not15957
less than five hundred and not more than two thousand five hundred15958
dollars.15959

       Regardless of whether the vehicle the offender was operating15960
at the time of the offense is registered in the offender's name or15961
in the name of another person, the court, in addition to or15962
independent of any other sentence that it imposes upon the15963
offender and subject to section 4503.235 of the Revised Code,15964
shall order the criminal forfeiture to the state of the vehicle15965
the offender was operating at the time of the offense. The order15966
of criminal forfeiture shall be issued and enforced in accordance15967
with section 4503.234 of the Revised Code.15968

       If title to a motor vehicle that is subject to an order for15969
criminal forfeiture under this section is assigned or transferred15970
and division (C)(2) or (3) of section 4503.234 of the Revised Code15971
applies, in addition to or independent of any other penalty15972
established by law, the court may fine the offender the value of15973
the vehicle as determined by publications of the national auto15974
dealer's association. The proceeds from any fine imposed under15975
this division shall be distributed in accordance with division15976
(D)(4) of section 4503.234 of the Revised Code.15977

       (4) In addition to or independent of all other penalties15978
provided by law or ordinance, the trial judge of any court of15979
record or the mayor of a mayor's court shall suspend for a period15980
not to exceed one year the driver's or commercial driver's license15981
or permit or nonresident operating privilege of an offender who is15982
sentenced under division (B)(1), (2), or (3) of this section.15983

       (5) Fifty per cent of any fine imposed by a court under15984
division (B)(1), (2), or (3) of this section shall be deposited15985
into the county indigent drivers alcohol treatment fund or15986
municipal indigent drivers alcohol treatment fund under the15987
control of that court, as created by the county or municipal15988
corporation pursuant to division (N) of section 4511.191 of the15989
Revised Code.15990

       (6) No court shall impose the alternative sentence of not15991
less than thirty consecutive days of electronically monitored15992
house arrest permitted to be imposed by division (B)(1) of this15993
section or the alternative sentence of a term of not less than15994
ninety consecutive days of electronically monitored house arrest15995
permitted to be imposed by division (B)(2) of this section, unless15996
within sixty days of the date of sentencing, the court issues a15997
written finding, entered into the record, that, due to the15998
unavailability of space at the incarceration facility where the15999
offender is required to serve the term of imprisonment imposed16000
upon the offender, the offender will not be able to begin serving16001
that term of imprisonment within the sixty-day period following16002
the date of sentencing. If the court issues such a finding, the16003
court may impose the alternative sentence comprised of or16004
including electronically monitored house arrest permitted to be16005
imposed by division (B)(1) or (2) of this section.16006

       (7) An offender sentenced under this section to a period of16007
electronically monitored house arrest shall be permitted work16008
release during such period. The duration of the work release16009
shall not exceed the time necessary each day for the offender to16010
commute to and from the place of employment and the offender's16011
home or other place specified by the sentencing court and the time16012
actually spent under employment.16013

       (8) Suspension of a commercial driver's license under this16014
section shall be concurrent with any period of disqualification16015
under section 3123.611 or 4506.16 of the Revised Code or any16016
period of suspension under section 3123.58 of the Revised Code. No16017
person who is disqualified for life from holding a commercial16018
driver's license under section 4506.16 of the Revised Code shall16019
be issued a driver's license under this chapter during the period16020
for which the commercial driver's license was suspended under this16021
section, and no person whose commercial driver's license is16022
suspended under this section shall be issued a driver's license16023
under this chapter during the period of the suspension.16024

       (C) Whoever violates division (B)(1) of section 4507.02 of16025
the Revised Code is guilty of driving under financial16026
responsibility law suspension or revocation and shall be punished16027
as provided in division (C)(1), (2), or (3) and division (C)(4) of16028
this section.16029

       (1) Except as otherwise provided in division (C)(2) or (3)16030
of this section, driving under financial responsibility law16031
suspension or revocation is a misdemeanor of the first degree.16032

       Regardless of whether the vehicle the offender was operating16033
at the time of the offense is registered in the offender's name or16034
in the name of another person, the court, in addition to or16035
independent of any other sentence that it imposes upon the16036
offender and subject to section 4503.235 of the Revised Code,16037
shall order the immobilization for thirty days of the vehicle the16038
offender was operating at the time of the offense and the16039
impoundment for thirty days of the identification license plates16040
of that vehicle. The order for immobilization and impoundment16041
shall be issued and enforced in accordance with section 4503.23316042
of the Revised Code.16043

       (2) If, within five years of the offense, the offender has16044
been convicted of or pleaded guilty to one violation of division16045
(B)(1) of section 4507.02 of the Revised Code or a municipal16046
ordinance that is substantially equivalent to that division,16047
driving under financial responsibility law suspension or16048
revocation is a misdemeanor of the first degree.16049

       Regardless of whether the vehicle the offender was operating16050
at the time of the offense is registered in the offender's name or16051
in the name of another person, the court, in addition to or16052
independent of any other sentence that it imposes upon the16053
offender and subject to section 4503.235 of the Revised Code,16054
shall order the immobilization for sixty days of the vehicle the16055
offender was operating at the time of the offense and the16056
impoundment for sixty days of the identification license plates of16057
that vehicle. The order for immobilization and impoundment shall16058
be issued and enforced in accordance with section 4503.233 of the16059
Revised Code.16060

       (3) If, within five years of the offense, the offender has16061
been convicted of or pleaded guilty to two or more violations of16062
division (B)(1) of section 4507.02 of the Revised Code or a16063
municipal ordinance that is substantially equivalent to that16064
division, driving under financial responsibility law suspension or16065
revocation is a misdemeanor of the first degree.16066

       Regardless of whether the vehicle the offender was operating16067
at the time of the offense is registered in the offender's name or16068
in the name of another person, the court, in addition to or16069
independent of any other sentence that it imposes upon the16070
offender and subject to section 4503.235 of the Revised Code,16071
shall order the criminal forfeiture to the state of the vehicle16072
the offender was operating at the time of the offense. The order16073
of criminal forfeiture shall be issued and enforced in accordance16074
with section 4503.234 of the Revised Code.16075

       If title to a motor vehicle that is subject to an order for16076
criminal forfeiture under this section is assigned or transferred16077
and division (C)(2) or (3) of section 4503.234 of the Revised Code16078
applies, in addition to or independent of any other penalty16079
established by law, the court may fine the offender the value of16080
the vehicle as determined by publications of the national auto16081
dealer's association. The proceeds from any fine imposed under16082
this division shall be distributed in accordance with division16083
(D)(4) of section 4503.234 of the Revised Code.16084

       (4) Except as otherwise provided in division (D) of section16085
4507.162 of the Revised Code, the court, in addition to or16086
independent of all other penalties provided by law, may suspend16087
for a period not to exceed one year the driver's or commercial16088
driver's license or permit or nonresident operating privilege of16089
an offender who is sentenced under division (C)(1), (2), or (3) of16090
this section.16091

       (5) The court shall not release a vehicle from the16092
immobilization ordered under division (C)(1) or (2) of this16093
section unless the court is presented with current proof of16094
financial responsibility with respect to that vehicle.16095

       (D) Whoever violates division (A)(1) or (3) of section16096
4507.02 of the Revised Code by operating a motor vehicle when the16097
offender's driver's or commercial driver's license has been16098
expired for no more than six months is guilty of a minor16099
misdemeanor. Whoever violates division (B) of section 4507.13 or16100
division (C) of section 4507.52 of the Revised Code is guilty of a16101
minor misdemeanor.16102

       (E) Whoever violates section 4507.33 of the Revised Code is16103
guilty of permitting the operation of a vehicle by a person with16104
no legal right to operate a vehicle and shall be punished as16105
provided in division (E)(1) or (2) of this section.16106

       (1) Except as otherwise provided in division (E)(2) of this16107
section, permitting the operation of a vehicle by a person with no16108
legal right to operate a vehicle is a misdemeanor of the first16109
degree. In addition to or independent of any other sentence that16110
it imposes upon the offender and subject to section 4503.235 of16111
the Revised Code, the court shall order the immobilization for16112
thirty days of the vehicle involved in the offense and the16113
impoundment for thirty days of the identification license plates16114
of that vehicle. The order for immobilization and impoundment16115
shall be issued and enforced in accordance with section 4503.23316116
of the Revised Code.16117

       (2) If the offender previously has been convicted of or16118
pleaded guilty to one or more violations of section 4507.33 of the16119
Revised Code, permitting the operation of a vehicle by a person16120
with no legal right to operate a vehicle is a misdemeanor of the16121
first degree. In addition to or independent of any other sentence16122
that it imposes upon the offender and subject to section 4503.23516123
of the Revised Code, the court shall order the criminal forfeiture16124
to the state of the vehicle involved in the offense. The order of16125
criminal forfeiture shall be issued and enforced in accordance16126
with section 4503.234 of the Revised Code.16127

       If title to a motor vehicle that is subject to an order for16128
criminal forfeiture under this section is assigned or transferred16129
and division (C)(2) or (3) of section 4503.234 of the Revised Code16130
applies, in addition to or independent of any other penalty16131
established by law, the court may fine the offender the value of16132
the vehicle as determined by publications of the national auto16133
dealer's association. The proceeds from any fine imposed under16134
this division shall be distributed in accordance with division16135
(D)(4) of section 4503.234 of the Revised Code.16136

       (F) Whoever violates division (F)(1) or (2) of section16137
4507.05, or division (B) or (D) of section 4507.071 of the Revised16138
Code is guilty of a minor misdemeanor.16139

       (G) Whoever violates division (G) of section 4507.21 of the16140
Revised Code shall be fined one hundred dollars.16141

       (H) Except as provided in divisions (A) to (E) of this16142
section and unlessUnless another penalty is provided by the16143
section that contains the provision violated or otherwise is16144
provided by the laws of this state, whoever violates any provision16145
of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the16146
Revised Code is guilty of a misdemeanor of the first degree.16147

       (I) Whenever a person is found guilty of a violation of16148
section 4507.32 of the Revised Code, the trial judge of any court16149
of record, in addition to or independent of all other penalties16150
provided by law or ordinance, may suspend for any period of time16151
not exceeding three years or revoke the license of any person,16152
partnership, association, or corporation, issued under section16153
4511.763 of the Revised Code.16154

       (J)(B) Whenever a person is found guilty of a violation of16155
a traffic offense specified in Traffic Rule 13(B) that requires16156
the person's appearance in court, the court shall require the16157
person to verify the existence at the time of the offense of proof16158
of financial responsibility covering the person's operation of the16159
motor vehicle, or the motor vehicle if registered in the person's16160
name, and notify the registrar pursuant to division (D) of section16161
4509.101 of the Revised Code if the person fails to verify the16162
existence of such proof of financial responsibility.16163

       Sec. 4508.03.  (A) No driver training school shall be16164
established nor any such existing school continued unless the16165
school applies for and obtains from the director of public safety16166
a license in the manner and form prescribed by the director.16167

       The rules shall state the requirements for a school license,16168
including requirements concerning location, equipment, courses of16169
instruction, instructors, previous records of the school and16170
instructors, financial statements, schedule of fees and charges,16171
character and reputation of the operators, insurance in suchthe16172
sum and with suchthose provisions as the director considers16173
necessary to protect adequately the interests of the public, and16174
suchany other matters as the director may prescribe for the16175
protection of the public. The rules also shall require financial16176
responsibility information as part of the driver education16177
curriculum.16178

       (B) Any school that offers a driver training program for16179
disabled persons shall provide specially trained instructors for16180
the driver training of such persons. No school shall operate a16181
driver training program for disabled persons after June 30, 1978,16182
unless it has been licensed for such operation by the director. No16183
person shall act as a specially trained instructor in a driver16184
training program for disabled persons operated by a school after16185
June 30, 1978, unless that person has been licensed by the16186
director.16187

       (C) The director shall certify instructors to teach driver16188
training to disabled persons in accordance with training program16189
requirements established by the department of public safety.16190

       (D) No person shall operate a driver training school unless16191
the person has a valid license issued by the director under this16192
section.16193

       (E) Whoever violates division (D) of this section is guilty16194
of operating a driver training school without a valid license, a16195
minor misdemeanor. On a second or subsequent offense within two16196
years after the first offense, the person is guilty of a16197
misdemeanor of the fourth degree.16198

       Sec. 4508.04. (A) No person shall act as a driver training16199
instructor and on and after June 30, 1978, no person shall act as16200
a driver training instructor for disabled persons unless such16201
person applies for and obtains from the director of public safety16202
a license in the manner and form prescribed by the director. The16203
director shall provide by rule for instructors' license16204
requirements including moral character, physical condition,16205
knowledge of the courses of instruction, motor vehicle laws and16206
safety principles, previous personal and employment records, and16207
such other matters as the director may prescribe for the16208
protection of the public. Driver training instructors for16209
disabled persons shall meet such additional requirements and16210
receive such additional classroom and practical instruction as the16211
director shall prescribe by rule.16212

       (B)(1)No license shall be issued under this section to a16213
person if, within ten years of the date of application for the16214
license, the person has pleaded guilty to or been convicted of a16215
felony under the laws of this state or the comparable laws of16216
another jurisdiction.16217

       (2) No license shall be issued under this section to a16218
person if, within five years of the date of application for the16219
license, the person has pleaded guilty to or been convicted of a16220
misdemeanor of the first or second degree that is reasonably16221
related to the person's fitness to be issued such a license.16222

       (C) No person shall knowingly make a false statement on a16223
license application submitted under this section.16224

       (D)(1) Whoever violates division (A) of this section is16225
guilty of acting as a driver training instructor without a valid16226
license, a misdemeanor of the fourth degree.16227

       (2) Whoever violates division (C) of this section may be16228
charged with falsification under section 2921.13 of the Revised16229
Code.16230

       Sec. 4508.06. (A) The director of public safety may refuse to16231
issue, or may suspend or revoke, a license in any case wherein16232
which the director finds the applicant or licensee has violated16233
any of the provisions of this chapter, or any of the regulations16234
adopted by the director. ANo person whose license has been16235
suspended or revoked licenseunder this section shall be returned16236
fail to return the license to the director by the licensee.16237

       (B) Whoever violates division (A) of this section is guilty16238
of failing to return a suspended or revoked license, a minor16239
misdemeanor or, on a second or subsequent offense within two years16240
after the first offense, a misdemeanor of the fourth degree.16241

       Sec. 4508.091. (A) No person who operates a driver training16242
school shall use or cause to be used in the operation of the16243
driving school and upon any public property or private property16244
used for vehicular traffic any vehicle that does not meet the16245
minimum standards that are established by the director of public16246
safety and that are applicable to vehicles used in the operation16247
of a driving school.16248

       (B) Whoever violates this section is guilty of using an16249
unsafe vehicle at a driving school, a minor misdemeanor or, on a16250
second or subsequent offense within two years after the first16251
offense, a misdemeanor of the fourth degree.16252

       Sec. 4509.02.  As used in sections 4509.314509.291 to16253
4509.67, inclusive, of the Revised Code:16254

       (A) "Judgment" means any judgment which has become final by16255
expiration without appeal of the time within which an appeal might16256
have been perfected, or by final affirmation on appeal, rendered16257
by a court of competent jurisdiction of any state or of the United16258
States, upon a cause of action arising out of the ownership,16259
maintenance, or use of any motor vehicle for damages, including16260
damages for care and loss of services because of bodily injury to16261
or death of any person, or for damages because of injury to or16262
destruction of property, including the loss of use thereof, or16263
upon a cause of action on an agreement of settlement for such16264
damages.16265

       (B) "State" means any state, territory, or possession of the16266
United States, the District of Columbia, or any province of the16267
Dominion of Canada.16268

       Sec. 4509.101.  (A)(1) No person shall operate, or permit16269
the operation of, a motor vehicle in this state, unless proof of16270
financial responsibility is maintained continuously throughout the16271
registration period with respect to that vehicle, or, in the case16272
of a driver who is not the owner, with respect to that driver's16273
operation of that vehicle.16274

       (2) Whoever violates division (A)(1) of this section shall16275
be subject to the following civil penalties:16276

       (a) Suspension of the person's operating privilegesSubject16277
to divisions (A)(2)(b) and (c) of this section, a class E16278
suspension of the person's driver's license, commercial driver's16279
license, temporary instruction permit, probationary license, or16280
nonresident operating privilege for the period of time specified16281
in division (B)(5) of section 4510.02 of the Revised Code and16282
impoundment of the person's license until the person complies with16283
division (A)(5) of this section. The suspension shall be for a16284
period of not less than ninety days except that if,.The court may16285
grant limited driving privileges to the person only if the person16286
presents proof of financial responsibility and has complied with16287
division (A)(5) of this section.16288

       (b) If, within five years of the violation, the person's16289
operating privileges are again suspended and the person's license16290
again is impounded one or more times for a violation of division16291
(A)(1) of this section, a class C suspension of the person's16292
driver's license, commercial driver's license, temporary16293
instruction permit, probationary license, or nonresident operating16294
privilege for the period of time specified in division (B)(3) of16295
section 4510.02 of the Revised Code. The court may grant limited16296
driving privileges to the person only if the person presents proof16297
of financial responsibility and has complied with division (A)(5)16298
of this section, and no court may grant limited driving privileges16299
for the first fifteen days of the suspension shall be for a period16300
of not less than one year. Except as provided by section 4509.10516301
of the Revised Code, the suspension is not subject to revocation,16302
suspension, or occupational or other limited operating privileges.16303

       (b)(c)If, within five years of the violation, the person's16304
operating privileges are suspended and the person's license is16305
impounded two or more times for a violation of division (A)(1) of16306
this section, a class B suspension of the person's driver's16307
license, commercial driver's license, temporary instruction16308
permit, probationary license, or nonresident operating privilege16309
for the period of time specified in division (B)(2) of section16310
4510.02 of the Revised Code. No court may grant limited driving16311
privileges during the suspension.16312

       (d) In addition to the suspension of an owner's license16313
under division (A)(2)(a), (b),or(c) of this section, the16314
suspension of the rights of the owner to register the motor16315
vehicle and the impoundment of the owner's certificate of16316
registration and license plates until the owner complies with16317
division (A)(5) of this section.16318

       (3) A person to whom this state has issued a certificate of16319
registration for a motor vehicle or a license to operate a motor16320
vehicle or who is determined to have operated any motor vehicle or16321
permitted the operation in this state of a motor vehicle owned by16322
the person shall be required to verify the existence of proof of16323
financial responsibility covering the operation of the motor16324
vehicle or the person's operation of the motor vehicle under any16325
of the following circumstances:16326

       (a) The person or a motor vehicle owned by the person is16327
involved in a traffic accident that requires the filing of an16328
accident report under section 4509.06 of the Revised Code.16329

       (b) The person receives a traffic ticket indicating that16330
proof of the maintenance of financial responsibility was not16331
produced upon the request of a peace officer or state highway16332
patrol trooper made in accordance with division (D)(2) of this16333
section.16334

       (c) Whenever, in accordance with rules adopted by the16335
registrar, the person is randomly selected by the registrar and16336
requested to provide such verification.16337

       (4) An order of the registrar that suspends and impounds a16338
license or registration, or both, shall state the date on or16339
before which the person is required to surrender the person's16340
license or certificate of registration and license plates. The16341
person is deemed to have surrendered the license or certificate of16342
registration and license plates, in compliance with the order, if16343
the person does either of the following:16344

       (a) On or before the date specified in the order, personally16345
delivers the license or certificate of registration and license16346
plates, or causes the delivery of the items, to the registrar;16347

       (b) Mails the license or certificate of registration and16348
license plates to the registrar in an envelope or container16349
bearing a postmark showing a date no later than the date specified16350
in the order.16351

       (5) Except as provided in division (A)(6) of this section,16352
the registrar shall not restore any operating privileges or16353
registration rights suspended under this section, return any16354
license, certificate of registration, or license plates impounded16355
under this section, or reissue license plates under section16356
4503.232 of the Revised Code, if the registrar destroyed the16357
impounded license plates under that section, or reissue a license16358
under section 4507.544510.52 of the Revised Code, if the16359
registrar destroyed the suspended license under that section,16360
unless the rights are not subject to suspension or revocation16361
under any other law and unless the person, in addition to16362
complying with all other conditions required by law for16363
reinstatement of the operating privileges or registration rights,16364
complies with all of the following:16365

       (a) Pays a financial responsibility reinstatement fee of16366
seventy-five dollars for the first violation of division (A)(1) of16367
this section, two hundred fifty dollars for a second violation of16368
that division, and five hundred dollars for a third or subsequent16369
violation of that division;16370

       (b) If the person has not voluntarily surrendered the16371
license, certificate, or license plates in compliance with the16372
order, pays a financial responsibility nonvoluntary compliance fee16373
in an amount, not to exceed fifty dollars, determined by the16374
registrar;16375

       (c) Files and continuously maintains proof of financial16376
responsibility under sections 4509.44 to 4509.65 of the Revised16377
Code.16378

       (6) If the registrar issues an order under division (A)(2)16379
of this section resulting from the failure of a person to respond16380
to a financial responsibility random verification request under16381
division (A)(3)(c) of this section and the person successfully16382
maintains an affirmative defense to a violation of section 4507.0216383
4510.16 of the Revised Code or is determined by the registrar or a16384
deputy registrar to have been in compliance with division (A)(1)16385
of this section at the time of the initial financial16386
responsibility random verification request, the registrar shall do16387
both of the following:16388

       (a) Terminate the order of suspension or impoundment;16389

       (b) Restore the operating privileges and registration rights16390
of the person without payment of the fees established in divisions16391
(A)(5)(a) and (b) of this section and without a requirement to16392
file proof of financial responsibility.16393

       (B)(1) Every party required to file an accident report under16394
section 4509.06 of the Revised Code also shall include with the16395
report a document described in division (G)(1) of this section.16396

       If the registrar determines, within forty-five days after the16397
report is filed, that an operator or owner has violated division16398
(A)(1) of this section, the registrar shall do all of the16399
following:16400

       (a) Order the impoundment, with respect to the motor vehicle16401
involved, required under division (A)(2)(b)(d) of this section, of16402
the certificate of registration and license plates of any owner16403
who has violated division (A)(1) of this section;16404

       (b) Order the suspension required under division (A)(2)(a),16405
(b),or(c) of this section of the license of any operator or16406
owner who has violated division (A)(1) of this section;16407

       (c) Record the name and address of the person whose16408
certificate of registration and license plates have been impounded16409
or are under an order of impoundment, or whose license has been16410
suspended or is under an order of suspension; the serial number of16411
the person's license; the serial numbers of the person's16412
certificate of registration and license plates; and the person's16413
social security account number, if assigned, or, where the motor16414
vehicle is used for hire or principally in connection with any16415
established business, the person's federal taxpayer identification16416
number. The information shall be recorded in such a manner that16417
it becomes a part of the person's permanent record, and assists16418
the registrar in monitoring compliance with the orders of16419
suspension or impoundment.16420

       (d) Send written notification to every person to whom the16421
order pertains, at the person's last known address as shown on the16422
records of the bureau. The person, within ten days after the date16423
of the mailing of the notification, shall surrender to the16424
registrar, in a manner set forth in division (A)(4) of this16425
section, any certificate of registration and registration plates16426
under an order of impoundment, or any license under an order of16427
suspension.16428

       (2) The registrar shall issue any order under division16429
(B)(1) of this section without a hearing. Any person adversely16430
affected by the order, within ten days after the issuance of the16431
order, may request an administrative hearing before the registrar,16432
who shall provide the person with an opportunity for a hearing in16433
accordance with this paragraph. A request for a hearing does not16434
operate as a suspension of the order. The scope of the hearing16435
shall be limited to whether the person in fact demonstrated to the16436
registrar proof of financial responsibility in accordance with16437
this section. The registrar shall determine the date, time, and16438
place of any hearing, provided that the hearing shall be held, and16439
an order issued or findings made, within thirty days after the16440
registrar receives a request for a hearing. If requested by the16441
person in writing, the registrar may designate as the place of16442
hearing the county seat of the county in which the person resides16443
or a place within fifty miles of the person's residence. The16444
person shall pay the cost of the hearing before the registrar, if16445
the registrar's order of suspension or impoundment is upheld.16446

       (C) Any order of suspension or impoundment issued under this16447
section or division (B) of section 4509.37 of the Revised Code may16448
be terminated at any time if the registrar determines upon a16449
showing of proof of financial responsibility that the operator or16450
owner of the motor vehicle was in compliance with division (A)(1)16451
of this section at the time of the traffic offense, motor vehicle16452
inspection, or accident that resulted in the order against the16453
person. A determination may be made without a hearing. This16454
division does not apply unless the person shows good cause for the16455
person's failure to present satisfactory proof of financial16456
responsibility to the registrar prior to the issuance of the16457
order.16458

       (D)(1) For the purpose of enforcing this section, every16459
peace officer is deemed an agent of the registrar.16460

       (a) Except as provided in division (D)(1)(b) of this16461
section, any peace officer who, in the performance of the peace16462
officer's duties as authorized by law, becomes aware of a person16463
whose license is under an order of suspension, or whose16464
certificate of registration and license plates are under an order16465
of impoundment, pursuant to this section, may confiscate the16466
license, certificate of registration, and license plates, and16467
return them to the registrar.16468

       (b) Any peace officer who, in the performance of the peace16469
officer's duties as authorized by law, becomes aware of a person16470
whose license is under an order of suspension, or whose16471
certificate of registration and license plates are under an order16472
of impoundment resulting from failure to respond to a financial16473
responsibility random verification, shall not, for that reason,16474
arrest the owner or operator or seize the vehicle or license16475
plates. Instead, the peace officer shall issue a citation for a16476
violation of division (B)(1) of section 4507.024510.16 of the16477
Revised Code specifying the circumstances as failure to respond to16478
a financial responsibility random verification.16479

       (2) A peace officer shall request the owner or operator of a16480
motor vehicle to produce proof of financial responsibility in a16481
manner described in division (G) of this section at the time the16482
peace officer acts to enforce the traffic laws of this state and16483
during motor vehicle inspections conducted pursuant to section16484
4513.02 of the Revised Code.16485

       (3) A peace officer shall indicate on every traffic ticket16486
whether the person receiving the traffic ticket produced proof of16487
the maintenance of financial responsibility in response to the16488
officer's request under division (D)(2) of this section. The16489
peace officer shall inform every person who receives a traffic16490
ticket and who has failed to produce proof of the maintenance of16491
financial responsibility that the person must submit proof to the16492
traffic violations bureau with any payment of a fine and costs for16493
the ticketed violation or, if the person is to appear in court for16494
the violation, the person must submit proof to the court.16495

       (4)(a) If a person who has failed to produce proof of the16496
maintenance of financial responsibility appears in court for a16497
ticketed violation, the court may permit the defendant to present16498
evidence of proof of financial responsibility to the court at such16499
time and in such manner as the court determines to be necessary or16500
appropriate. The clerk of courts shall provide the registrar with16501
the identity of any person who fails to submit proof of the16502
maintenance of financial responsibility pursuant to division16503
(D)(3) of this section.16504

       (b) If a person who has failed to produce proof of the16505
maintenance of financial responsibility also fails to submit that16506
proof to the traffic violations bureau with payment of a fine and16507
costs for the ticketed violation, the traffic violations bureau16508
shall notify the registrar of the identity of that person.16509

       (5)(a) Upon receiving notice from a clerk of courts or16510
traffic violations bureau pursuant to division (D)(4) of this16511
section, the registrar shall order the suspension of the license16512
of the person required under division (A)(2)(a), (b),or(c) of16513
this section and the impoundment of the person's certificate of16514
registration and license plates required under division16515
(A)(2)(b)(d) of this section, effective thirty days after the date16516
of the mailing of notification. The registrar also shall notify16517
the person that the person must present the registrar with proof16518
of financial responsibility in accordance with this section,16519
surrender to the registrar the person's certificate of16520
registration, license plates, and license, or submit a statement16521
subject to section 2921.13 of the Revised Code that the person did16522
not operate or permit the operation of the motor vehicle at the16523
time of the offense. Notification shall be in writing and shall16524
be sent to the person at the person's last known address as shown16525
on the records of the bureau of motor vehicles. The person,16526
within fifteen days after the date of the mailing of notification,16527
shall present proof of financial responsibility, surrender the16528
certificate of registration, license plates, and license to the16529
registrar in a manner set forth in division (A)(4) of this16530
section, or submit the statement required under this section16531
together with other information the person considers appropriate.16532

       If the registrar does not receive proof or the person does16533
not surrender the certificate of registration, license plates, and16534
license, in accordance with this division, the registrar shall16535
permit the order for the suspension of the license of the person16536
and the impoundment of the person's certificate of registration16537
and license plates to take effect.16538

       (b) In the case of a person who presents, within the16539
fifteen-day period, documents to show proof of financial16540
responsibility, the registrar shall terminate the order of16541
suspension and the impoundment of the registration and license16542
plates required under division (A)(2)(b)(d) of this section and16543
shall send written notification to the person, at the person's16544
last known address as shown on the records of the bureau.16545

       (c) Any person adversely affected by the order of the16546
registrar under division (D)(5)(a) or (b) of this section, within16547
ten days after the issuance of the order, may request an16548
administrative hearing before the registrar, who shall provide the16549
person with an opportunity for a hearing in accordance with this16550
paragraph. A request for a hearing does not operate as a16551
suspension of the order. The scope of the hearing shall be16552
limited to whether the person in fact demonstrated to the16553
registrar proof of financial responsibility in accordance with16554
this section. The registrar shall determine the date, time, and16555
place of any hearing; provided, that the hearing shall be held,16556
and an order issued or findings made, within thirty days after the16557
registrar receives a request for a hearing. If requested by the16558
person in writing, the registrar may designate as the place of16559
hearing the county seat of the county in which the person resides16560
or a place within fifty miles of the person's residence. Such16561
person shall pay the cost of the hearing before the registrar, if16562
the registrar's order of suspension or impoundment under division16563
(D)(5)(a) or (b) of this section is upheld.16564

       (6) A peace officer may charge an owner or operator of a16565
motor vehicle with a violation of division (B)(1) of section16566
4507.024510.16 of the Revised Code when the owner or operator16567
fails to show proof of the maintenance of financial responsibility16568
pursuant to a peace officer's request under division (D)(2) of16569
this section, if a check of the owner or operator's driving record16570
indicates that the owner or operator, at the time of the operation16571
of the motor vehicle, is required to file and maintain proof of16572
financial responsibility under section 4509.45 of the Revised Code16573
for a previous violation of this chapter.16574

       (7) Any forms used by law enforcement agencies in16575
administering this section shall be prescribed, supplied, and paid16576
for by the registrar.16577

       (8) No peace officer, law enforcement agency employing a16578
peace officer, or political subdivision or governmental agency16579
that employs a peace officer shall be liable in a civil action for16580
damages or loss to persons arising out of the performance of any16581
duty required or authorized by this section.16582

       (9) As used in this division and divisions (E) and (G) of16583
this section, "peace officer" has the meaning set forth in section16584
2935.01 of the Revised Code.16585

       (E) All fees, except court costs, collected under this16586
section shall be paid into the state treasury to the credit of the16587
financial responsibility compliance fund. The financial16588
responsibility compliance fund shall be used exclusively to cover16589
costs incurred by the bureau in the administration of this section16590
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code,16591
and by any law enforcement agency employing any peace officer who16592
returns any license, certificate of registration, and license16593
plates to the registrar pursuant to division (C) of this section,16594
except that the director of budget and management may transfer16595
excess money from the financial responsibility compliance fund to16596
the state bureau of motor vehicles fund if the registrar16597
determines that the amount of money in the financial16598
responsibility compliance fund exceeds the amount required to16599
cover such costs incurred by the bureau or a law enforcement16600
agency and requests the director to make the transfer.16601

       All investment earnings of the financial responsibility16602
compliance fund shall be credited to the fund.16603

       (F) Chapter 119. of the Revised Code applies to this section16604
only to the extent that any provision in that chapter is not16605
clearly inconsistent with this section.16606

       (G)(1) The registrar, court, traffic violations bureau, or16607
peace officer may require proof of financial responsibility to be16608
demonstrated by use of a standard form prescribed by the16609
registrar. If the use of a standard form is not required, a16610
person may demonstrate proof of financial responsibility under16611
this section by presenting to the traffic violations bureau,16612
court, registrar, or peace officer any of the following documents16613
or a copy of the documents:16614

       (a) A financial responsibility identification card as16615
provided in section 4509.1044509.103 of the Revised Code;16616

       (b) A certificate of proof of financial responsibility on a16617
form provided and approved by the registrar for the filing of an16618
accident report required to be filed under section 4509.06 of the16619
Revised Code;16620

       (c) A policy of liability insurance, a declaration page of a16621
policy of liability insurance, or liability bond, if the policy or16622
bond complies with section 4509.20 or sections 4509.49 to 4509.6116623
of the Revised Code;16624

       (d) A bond or certification of the issuance of a bond as16625
provided in section 4509.59 of the Revised Code;16626

       (e) A certificate of deposit of money or securities as16627
provided in section 4509.62 of the Revised Code;16628

       (f) A certificate of self-insurance as provided in section16629
4509.72 of the Revised Code.16630

       (2) If a person fails to demonstrate proof of financial16631
responsibility in a manner described in division (G)(1) of this16632
section, the person may demonstrate proof of financial16633
responsibility under this section by any other method that the16634
court or the bureau, by reason of circumstances in a particular16635
case, may consider appropriate.16636

       (3) A motor carrier certificated by the interstate commerce16637
commission or by the public utilities commission may demonstrate16638
proof of financial responsibility by providing a statement16639
designating the motor carrier's operating authority and averring16640
that the insurance coverage required by the certificating16641
authority is in full force and effect.16642

       (4)(a) A finding by the registrar or court that a person is16643
covered by proof of financial responsibility in the form of an16644
insurance policy or surety bond is not binding upon the named16645
insurer or surety or any of its officers, employees, agents, or16646
representatives and has no legal effect except for the purpose of16647
administering this section.16648

       (b) The preparation and delivery of a financial16649
responsibility identification card or any other document16650
authorized to be used as proof of financial responsibility under16651
this division does not do any of the following:16652

       (i) Create any liability or estoppel against an insurer or16653
surety, or any of its officers, employees, agents, or16654
representatives;16655

       (ii) Constitute an admission of the existence of, or of any16656
liability or coverage under, any policy or bond;16657

       (iii) Waive any defenses or counterclaims available to an16658
insurer, surety, agent, employee, or representative in an action16659
commenced by an insured or third-party claimant upon a cause of16660
action alleged to have arisen under an insurance policy or surety16661
bond or by reason of the preparation and delivery of a document16662
for use as proof of financial responsibility.16663

       (c) Whenever it is determined by a final judgment in a16664
judicial proceeding that an insurer or surety, which has been16665
named on a document accepted by a court or the registrar as proof16666
of financial responsibility covering the operation of a motor16667
vehicle at the time of an accident or offense, is not liable to16668
pay a judgment for injuries or damages resulting from such16669
operation, the registrar, notwithstanding any previous contrary16670
finding, shall forthwith suspend the operating privileges and16671
registration rights of the person against whom the judgment was16672
rendered as provided in division (A)(2) of this section.16673

       (H) In order for any document described in division16674
(G)(1)(b) of this section to be used for the demonstration of16675
proof of financial responsibility under this section, the document16676
shall state the name of the insured or obligor, the name of the16677
insurer or surety company, and the effective and expiration dates16678
of the financial responsibility, and designate by explicit16679
description or by appropriate reference all motor vehicles covered16680
which may include a reference to fleet insurance coverage.16681

       (I) For purposes of this section, "owner" does not include a16682
licensed motor vehicle leasing dealer as defined in section16683
4517.01 of the Revised Code, but does include a motor vehicle16684
renting dealer as defined in section 4549.65 of the Revised Code. 16685
Nothing in this section or in section 4509.51 of the Revised Code16686
shall be construed to prohibit a motor vehicle renting dealer from16687
entering into a contractual agreement with a person whereby the16688
person renting the motor vehicle agrees to be solely responsible16689
for maintaining proof of financial responsibility, in accordance16690
with this section, with respect to the operation, maintenance, or16691
use of the motor vehicle during the period of the motor vehicle's16692
rental.16693

       (J) The purpose of this section is to require the16694
maintenance of proof of financial responsibility with respect to16695
the operation of motor vehicles on the highways of this state, so16696
as to minimize those situations in which persons are not16697
compensated for injuries and damages sustained in motor vehicle16698
accidents. The general assembly finds that this section contains16699
reasonable civil penalties and procedures for achieving this16700
purpose.16701

       (K) Nothing in this section shall be construed to be subject16702
to section 4509.78 of the Revised Code.16703

       (L) The registrar shall adopt rules in accordance with16704
Chapter 119. of the Revised Code that are necessary to administer16705
and enforce this section. The rules shall include procedures for16706
the surrender of license plates upon failure to maintain proof of16707
financial responsibility and provisions relating to reinstatement16708
of registration rights, acceptable forms of proof of financial16709
responsibility, and verification of the existence of financial16710
responsibility during the period of registration.16711

       Sec. 4509.17.  Except as provided in sections 4509.01 to16712
4509.78 of the Revised Code, upon failure of any person to request16713
a hearing as provided for in section 4509.13 of the Revised Code,16714
or to deposit the security required under section 4509.12 of the16715
Revised Code within thirty days after the registrar of motor16716
vehicles has sent the notice provided for in section 4509.13 of16717
the Revised Code, the registrar shall suspend the license of such16718
impose a class F suspension of the person's driver's license,16719
commercial driver's license, temporary instruction permit,16720
probationary license, or nonresident operating privilege for the16721
period of time specified in division (B)(6) of section 4510.02 of16722
the Revised Code on the person and the registrations of all motor16723
vehicles owned by suchthe person. If the person is a16724
nonresident, the suspension shall include the privilege of16725
operating any motor vehicle within this state or permitting the16726
operation within this state of any motor vehicle owned by the16727
nonresident.16728

       Sec. 4509.24.  (A) The persons involved in or affected by a16729
motor vehicle accident may at any time enter into a written16730
agreement for the payment of an agreed amount with respect to all16731
claims for bodily injury to or death of any person or property16732
damage arising from the accident which may provide for payment in16733
installments. A signed copy of the agreement may be filed with16734
the registrar of motor vehicles.16735

       (B) The registrar, upon filing of any such written16736
agreement, shall not require the deposit of security by any party16737
to the agreement for the benefit or protection of any party to the16738
agreement. The registrar shall modify appropriately any prior16739
order of suspension with reference to such persons, or if security16740
has been deposited, the registrar immediately shall return to the16741
depositor or the depositor's personal representative any deposit16742
for the benefit or protection of any party to the agreement.16743

       (C) If the registrar receives satisfactory evidence that any16744
person obliged to make payment under any such agreement has16745
defaulted in payment, the registrar shall issue an order ofimpose16746
a class F suspension with respect to thatof the offender's16747
driver's license, commercial driver's license, temporary16748
instruction permit, probationary license, or nonresident operating16749
privilege for the period of time specified in division (B)(6) of16750
section 4510.02 of the Revised Code on the person as provided in16751
section 4509.17 of the Revised Code. Such an order of suspension16752
remains in effect until any of the following occurs:16753

       (1) Security is deposited by the person to whom the16754
suspension applies in such amount as the registrar may then16755
determine;16756

       (2) The registrar receives satisfactory evidence that the16757
entire obligation has been paid or released;16758

       (3) A period of two years has elapsed following the breach16759
of agreement and satisfactory evidence is filed with the registrar16760
that no action has been instituted on the agreement during that16761
period.16762

       Sec. 4509.291.  (A) When a nonresident's operating privilege16763
is suspended pursuant to section 4509.101, 4509.17, or 4509.24 of16764
the Revised Code for a violation of any provision of sections16765
4509.01 to 4509.78, inclusive, of the Revised Code, the registrar16766
of motor vehicles shall transmit a certified copy of the record of16767
such action to the official in charge of the issuance of licenses16768
and registration certificates in the state in which such16769
nonresident resides, if the law of such other state provides for16770
action in relation thereto similar to the provision set forth in16771
division (B) of this section.16772

       (B) Upon receipt of a certification that the operating16773
privilege of a resident of this state has been suspended or16774
revoked in any other state pursuant to a law providing for its16775
suspension or revocation for failure to deposit security for the16776
payment of judgments arising out of a motor vehicle accident or16777
failure to give proof of financial responsibility, under16778
circumstances which would require the registrar to suspend a16779
nonresident's operating privilege had the accident occurred in16780
this state, the registrar shall suspend the licenseimpose a class16781
F suspension of the person's driver's license, commercial driver's16782
license, temporary instruction permit, probationary license, or16783
nonresident operating privilege for the period of time specified16784
in division (B)(6) of section 4510.02 of the Revised Code on the16785
person and all registrations of such resident. Such suspension16786
shall continue until such resident furnishes evidence of histhe16787
person's compliance with the law of such other state relating to16788
the deposit of such security or to the giving of proof of16789
financial responsibility.16790

       Sec. 4509.33.  If a nonresident by final order or judgment of16791
a court of record or mayor's court is convicted of, or forfeits16792
bail or collateral deposited to secure an appearance for trial16793
for, any offense enumerated in section 4507.16 of the Revised Code16794
for which the suspension of a license is provided, the registrar16795
of motor vehicles shall suspend or revokeimpose a suspension of16796
the privilege of the nonresident to operate a motor vehicle for16797
the same period for which suspension or revocation of a license by16798
a court of record is authorized by the applicable section 4507.1616799
of the Revised Code. The suspension or revocation shall remain in16800
effect until the expiration of the period so ordered and16801
thereafter until the nonresident gives and thereafter maintains16802
proof of financial responsibility in accordance with section16803
4509.45 of the Revised Code.16804

       The registrar shall also suspend the privilege of the use in16805
this state of every motor vehicle owned by the nonresident, except16806
that the registrar shall not suspend the privilege if the owner16807
has given or immediately gives and thereafter maintains proof of16808
financial responsibility with respect to all motor vehicles owned16809
by the nonresident. The registrar shall restore such privilege of16810
a nonresident owner when the owner gives and thereafter maintains16811
proof of financial responsibility in accordance with section16812
4509.45 of the Revised Code.16813

       Sec. 4509.34.  (A) The suspension or revocation of a license16814
referred to in sectionssection 4509.291 and 4509.31 of the16815
Revised Code shall remain in effect and the registrar of motor16816
vehicles shall not issue to any person whose license is so16817
suspended or revoked any new or renewal license until permitted16818
under the motor vehicle laws, and not then until such person gives16819
and thereafter maintains proof of financial responsibility in16820
accordance with section 4509.45 of the Revised Code.16821

       (B) The suspension of registration referred to in such16822
sections shall remain in effect and the registrar shall not16823
register or reregister in the name of any person whose16824
registration is so suspended as owner of any motor vehicle, nor16825
return or re-issue license plates for such vehicle, until such16826
person gives and thereafter maintains proof of financial16827
responsibility in accordance with section 4509.45 of the Revised16828
Code.16829

       Sec. 4509.35.  Whenever any person fails within thirty days16830
to satisfy a judgment rendered within this state, upon the written16831
request of the judgment creditor or histhe judgment creditor's16832
attorney, the clerk of the court which rendered the judgment, or16833
the judge of the court or mayor of the mayor's court if the court16834
has no clerk, immediately shall forward a certified copy of the16835
judgment to the registrar of motor vehicles.16836

       Whenever any nonresident has been convicted of the offenses16837
enumerated in section 4507.16an offense for which the court is16838
required to impose a license suspension under any provision of the16839
Revised Code or has forfeited bail given to secure histhe16840
nonresident's appearance for trial upon a charge of any offense16841
enumerated in that sectionfor which the court is required to16842
impose a license suspension under any provision of the Revised16843
Code, the clerk of every court of record and the mayor of every16844
mayor's court immediately shall forward to the registrar a16845
certified copy or transcript of the conviction or order forfeiture16846
of bail.16847

       Sec. 4509.37.  (A) The registrar of motor vehicles upon16848
receipt of a certified copy of a judgment, shall forthwith suspend16849
impose a class F suspension for the period of time specified in16850
division (B)(6) of section 4510.02 of the Revised Code of the16851
license and registration and any nonresident's operating privilege16852
of any person against whom such judgment was rendered, except as16853
provided in sections 4509.01 to 4509.78 of the Revised Code.16854

       Such certified copy of a judgment shall include the last16855
known address, the social security number, if known, and the16856
operator's license number, of the judgment debtor.16857

       (B) The registrar shall also impose the civil penalties16858
specified in division (A)(2) of section 4509.101 of the Revised16859
Code unless either of the following applies:16860

       (1) The judgment debtor presents proof of financial16861
responsibility to the registrar proving that the judgment debtor16862
was covered, at the time of the motor vehicle accident out of16863
which the cause of action arose, by proof of financial16864
responsibility in compliance with section 4509.101 of the Revised16865
Code.16866

       (2) The judgment debtor proves to the registrar that the16867
judgment debtor's registration and license have been previously16868
suspended under section 4509.101 of the Revised Code by reason of16869
the judgment debtor's failure to prove that the judgment debtor16870
was covered, at the time of the motor vehicle accident out of16871
which the cause of action arose, by proof of financial16872
responsibility.16873

       Sec. 4509.40. Any license, registration, and nonresident's16874
operating privilege suspendedThe registrar of motor vehicles16875
shall impose a class F suspension of the person's driver's16876
license, commercial driver's license, temporary instruction16877
permit, probationary license, or nonresident operating privilege16878
for the period of time specified in division (B)(6) of section16879
4510.02 of the Revised Code for nonpayment of a judgment shall16880
remain so suspended for a period of seven years from the effective16881
date of suspension, and while such order is in force no license,16882
registration, or permit to operate a motor vehicle shall be issued16883
in the name of such person, including any such person not16884
previously licensed. The registrar shall vacate the order of16885
suspension upon proof that such judgment is stayed, or satisfied16886
in full or to the extent provided in section 4509.41 of the16887
Revised Code, subject to the exemptions stated in sections16888
4509.37, 4509.38, 4509.39, and 4509.42 of the Revised Code, and16889
upon such person's filing with the registrar of motor vehicles16890
evidence of financial responsibility in accordance with section16891
4509.45 of the Revised Code.16892

       Sec. 4509.42.  (A) A judgment debtor upon due notice to the16893
judgment creditor may apply to the court in which the judgment was16894
rendered for the privilege of paying the judgment in installments16895
and the court, in its discretion and without prejudice to any16896
other legal remedies which the judgment creditor has, may order16897
and fix the amounts and times of payment of the installments.16898

       (B) The registrar of motor vehicles shall not suspend for16899
nonpayment of a judgment, a license, registration, or16900
nonresident's operating privilege, and shall restore the license,16901
registration, or nonresident's operating privilege suspended for16902
nonpayment, when the judgment debtor gives proof of financial16903
responsibility and maintains it in accordance with section 4509.4516904
of the Revised Code, and obtains an order permitting the payment16905
of the judgment in installments, and while the payment of any16906
installment is not in default.16907

       (C) If the judgment debtor fails to pay any installment as16908
specified by such order, then upon notice of default the registrar16909
shall forthwith suspendimpose a class F suspension of the16910
license, registration, or nonresident's operating privilege of the16911
judgment debtor until such judgment is satisfied as specified in16912
division (B)(6) of section 4510.02 of the Revised Code.16913

       Sec. 4509.45. (A) Proof of financial responsibility when16914
required under section 4507.022, 4509.101, 4509.32, 4509.33,16915
4509.34, 4509.38, 4509.40, 4509.42, or 4509.44,or4510.038 of the16916
Revised Code may be given by filing any of the following:16917

       (A)(1) A financial responsibility identification card as16918
provided in section 4509.104 of the Revised Code;16919

       (B)(2) A certificate of insurance as provided in section16920
4509.46 or 4509.47 of the Revised Code;16921

       (C)(3) A bond as provided in section 4509.59 of the Revised16922
Code;16923

       (D)(4) A certificate of deposit of money or securities as16924
provided in section 4509.62 of the Revised Code;16925

       (E)(5) A certificate of self-insurance, as provided in16926
section 4509.72 of the Revised Code, supplemented by an agreement16927
by the self-insurer that, with respect to accidents occurring16928
while the certificate is in force, hethe self-insurer will pay16929
the same amounts that an insurer would have been obligated to pay16930
under an owner's motor vehicle liability policy if it had issued16931
such a policy to the self-insurer.16932

       Such proof(B)Proof under division (A) of this section shall16933
be filed and maintained for five years from the date of the16934
registrar's imposition of a class A, B, or C suspension of16935
operating privileges by the registrar of motor vehiclesand shall16936
be filed and maintained for three years from the date of the16937
registrar's imposition of a class D, E, or F suspension of16938
operating privileges.16939

       Sec. 4509.74. (A) No person shall fail to report a motor16940
vehicle accident as required under the laws of this state.16941

       (B)Whoever violates this section is guilty of a minor16942
misdemeanor.16943

       Sec. 4509.77. (A) No person shall willfully fail to return16944
a license or registration as required in section 4509.69 of the16945
Revised Code.16946

       (B)Whoever violates this section shall be fined not more16947
than five hundred dollars, imprisoned for not more than thirty16948
days, or both.16949

       Sec. 4509.78. (A) No person shall violate section 4509.0116950
to 4509.78, inclusive, of the Revised Code for which no penalty is16951
otherwise provided.16952

       (B)Whoever violates this section shall be fined not more16953
than five hundred dollars, imprisoned not more than ninety days,16954
or both.16955

       Sec. 4509.79.  (A) As used in this section, "ridesharing16956
arrangement" means the transportation of persons in a motor16957
vehicle where such transportation is incidental to another purpose16958
of a volunteer driver and includes ridesharing arrangements known16959
as carpools, vanpools, and buspools.16960

       (B) Every owner registering as a passenger car a motor16961
vehicle designed and used for carrying more than nine but not more16962
than fifteen passengers or registering a bus under division (H)(8)16963
of section 4503.04 of the Revised Code shall have in effect,16964
whenever the motor vehicle is used in a ridesharing arrangement, a16965
policy of liability insurance with respect to the motor vehicle in16966
amounts and coverage no less than:16967

       (1) One hundred thousand dollars because of bodily injury to16968
or death of one person in any one accident;16969

       (2) Three hundred thousand dollars because of bodily injury16970
to or death of two or more persons in any one accident;16971

       (3) Fifty thousand dollars because of injury to property of16972
others in any one accident.16973

       (C)Whoever violates this section shall be fined not more16974
than five thousand dollars.16975

       Sec. 4509.80.  (A) Every owner registering a chauffeured16976
limousine shall furnish and maintain proof of financial16977
responsibility with respect to the limousine by filing with the16978
registrar of motor vehicles any of the following:16979

       (1) A certificate of insurance as provided in section16980
4509.46 or 4509.47 of the Revised Code;16981

       (2) A policy of liability insurance, a declaration page of a16982
policy of liability insurance, or liability bond, if the policy or16983
bond provides coverage in accordance with division (B) of this16984
section and otherwise complies with sections 4509.49 to 4509.61 of16985
the Revised Code, and if the policy or bond provides that such16986
policy or bond shall not be canceled or terminated prior to not16987
less than ten days after a written notice of cancellation or16988
termination is filed with the registrar;16989

       (3) A bond or certification of the issuance of a bond if the16990
bond provides coverage in the amount of three hundred thousand16991
dollars and otherwise complies with section 4509.59 of the Revised16992
Code;16993

       (4) A certificate of deposit of money or securities if the16994
certificate of deposit provides coverage in the amount of three16995
hundred thousand dollars and otherwise complies with section16996
4509.62 of the Revised Code;16997

       (5) A certificate of self-insurance as provided in section16998
4509.72 of the Revised Code.16999

       (B) As used in this section and section 4509.81 of the17000
Revised Code, "proof of financial responsibility" means proof of17001
ability to respond in damages for liability, on account of17002
accidents occurring subsequent to the effective date of such17003
proof, arising out of the ownership, maintenance, or use of a17004
chauffeured limousine in the amount of one hundred thousand17005
dollars because of bodily injury to or death of one person in any17006
one accident, three hundred thousand dollars because of bodily17007
injury to or death of two or more persons in any one accident, and17008
fifty thousand dollars because of injury to property of others in17009
any one accident.17010

       (C) Upon the request of a law enforcement officer, the17011
operator of any chauffeured limousine shall produce proof of17012
compliance with this section. The law enforcement officer17013
requesting such proof shall notify the registrar of any violation17014
of this section. The notice to the registrar shall be on a form17015
prescribed by the registrar and supplied by the registrar at the17016
registrar's expense, and shall include the license plate number of17017
the chauffeured limousine and any other information the registrar17018
requires.17019

       (D) The owner, or histhe owner's designee, shall provide17020
written notice to the registrar of cancellation or termination of17021
the coverage required by this section not less than ten days prior17022
to the effective date of cancellation, and, on or before the17023
effective date of cancellation, shall voluntarily surrender the17024
livery license plate sticker for the vehicle or vehicles for which17025
the cancellation is effective. If the livery license plate17026
sticker is timely and voluntarily surrendered, the registrar17027
shall, upon the filing of proof of financial responsibility as17028
required by this section, reinstate the livery registration of the17029
vehicle and issue a current livery license plate sticker for the17030
vehicle.17031

       (E)Whoever violates this section is guilty of a misdemeanor17032
of the first degree.17033

       Sec. 4509.81.  (A) Upon receipt of a notification of17034
violation as provided in division (C) of section 4509.80 of the17035
Revised Code; upon failure of a timely surrender of the livery17036
license plate sticker as required by division (D) of section17037
4509.80 of the Revised Code; or if the registrar of motor17038
vehicles, upon receipt of notification from an insurer of the17039
imminent cancellation or termination of coverage required by17040
section 4509.80 of the Revised Code, fails to receive evidence of17041
a continuation or substitution of coverage prior to the17042
cancellation or termination date, the registrar shall order the17043
immediate suspension of the rights of the owner of the chauffeured17044
limousine described in the notice to register the limousine and17045
the impoundment of the certificate of registration and17046
registration plates for the limousine. The registrar shall notify17047
the owner that the owner must surrender the certificate of17048
registration and registration plates to the registrar. The17049
notification shall be in writing and sent to the owner at the17050
owner's last known address as shown in the records of the bureau17051
of motor vehicles. Proceedings under this section are deemed17052
special, summary statutory proceedings.17053

       (B) The order of suspension and impoundment of a17054
registration shall state the date on or before which the owner of17055
the chauffeured limousine involved is required to surrender the17056
certificate of registration and registration plates to the17057
registrar. The owner shall be deemed to have surrendered the17058
certificate of registration and registration plates if the owner17059
causes the items to be delivered to the registrar on or before the17060
date specified in the order or mails the items to the registrar in17061
an envelope or container bearing a postmark showing a date no17062
later than the date specified in the order.17063

       (C) The registrar shall not restore any registration rights17064
suspended under this section, return any certificate of17065
registration or registration plates impounded under this section,17066
or reissue registration plates under section 4503.232 of the17067
Revised Code, if the registrar destroyed the impounded17068
registration plates under that section, unless those rights are17069
not subject to suspension or revocation under any other law and17070
unless the owner complies with both of the following:17071

       (1) Pays a financial responsibility reinstatement fee of17072
thirty dollars. The reinstatement fee may be increased, upon17073
approval of the controlling board, up to an amount not exceeding17074
fifty dollars.17075

       (2) Files and maintains proof of financial responsibility17076
under section 4509.80 of the Revised Code.17077

       (D) Any owner adversely affected by the order of the17078
registrar under this section may, within ten days after the17079
issuance of the order, request an administrative hearing before17080
the registrar, who shall provide the owner with an opportunity for17081
a hearing in accordance with this division. A request for a17082
hearing does not operate as a suspension of the order unless the17083
owner establishes to the satisfaction of the registrar that the17084
operation of the owner's chauffeured limousine will be covered by17085
proof of financial responsibility during the pendency of the17086
appeal. The scope of the hearing shall be limited to whether the17087
owner in fact demonstrated to the registrar proof of financial17088
responsibility in accordance with section 4509.80 of the Revised17089
Code. The registrar shall determine the date, time, and place of17090
any hearing, provided that the hearing shall be held and an order17091
issued or findings made within thirty days after the registrar17092
receives a request for a hearing. If requested by the owner in17093
writing, the registrar may designate as the place of hearing the17094
county seat of the county in which the owner resides or a place17095
within fifty miles of the owner's residence. The owner shall pay17096
the cost of the hearing before the registrar, if the registrar's17097
order of suspension or impoundment is upheld.17098

       (E) Any order of suspension or impoundment issued under this17099
section may be terminated at any time if the registrar determines17100
upon a showing of proof of financial responsibility that the owner17101
of the limousine was in compliance with section 4509.80 of the17102
Revised Code at the time of the incident that resulted in the17103
order against the owner. Such a determination may be made without17104
a hearing.17105

       (F) All fees collected under this section shall be paid into17106
the state treasury to the credit of the financial responsibility17107
compliance fund created by section 4509.101 of the Revised Code.17108

       (G) Chapter 119. of the Revised Code applies to this section17109
only to the extent that any provision in that chapter is not17110
clearly inconsistent with this section.17111

       (H)(1) Proof of financial responsibility may be demonstrated17112
by any of the methods authorized in section 4509.80 of the Revised17113
Code.17114

       (2) Divisions (G)(4)(a) and (b) of section 4509.101 of the17115
Revised Code apply to any finding by the registrar under this17116
section that an owner is covered by proof of financial17117
responsibility.17118

       Sec. 4510.01.  As used in this title and in Title XXIX of17119
the Revised Code:17120

       (A) "Cancel" or "cancellation" means the annulment or17121
termination by the bureau of motor vehicles of a driver's license,17122
commercial driver's license, temporary instruction permit,17123
probationary license, or nonresident operating privilege because17124
it was obtained unlawfully, issued in error, altered, or willfully17125
destroyed, or because the holder no longer is entitled to the17126
license, permit, or privilege.17127

       (B) "Drug abuse offense" has the same meaning as in section17128
2925.01 of the Revised Code.17129

       (C) "Ignition interlock device" means a device approved by17130
the director of public safety that connects a breath analyzer to a17131
motor vehicle's ignition system, that is constantly available to17132
monitor the concentration by weight of alcohol in the breath of17133
any person attempting to start that motor vehicle by using its17134
ignition system, and that deters starting the motor vehicle by use17135
of its ignition system unless the person attempting to start the17136
vehicle provides an appropriate breath sample for the device and17137
the device determines that the concentration by weight of alcohol17138
in the person's breath is below a preset level.17139

       (D) "Immobilizing or disabling device" means a device17140
approved by the director of public safety that may be ordered by a17141
court to be used by an offender as a condition of limited driving17142
privileges. "Immobilizing or disabling device" includes an17143
ignition interlock device, and any prototype device that is used17144
according to protocols designed to ensure efficient and effective17145
monitoring of limited driving privileges granted by a court to an17146
offender.17147

       (E) "Moving violation" means any violation of any statute or17148
ordinance that regulates the operation of vehicles, streetcars, or17149
trackless trolleys on the highways or streets. "Moving violation"17150
does not include a violation of section 4513.263 of the Revised17151
Code or a substantially equivalent municipal ordinance, a17152
violation of any statute or ordinance regulating pedestrians or17153
the parking of vehicles, vehicle size or load limitations, vehicle17154
fitness requirements, or vehicle registration.17155

       (F) "Municipal OVI ordinance" and "municipal OVI offense"17156
have the same meanings as in section 4511.181 of the Revised Code.17157

       (G) "Prototype device" means any testing device to monitor17158
limited driving privileges that has not yet been approved or17159
disapproved by the director of public safety.17160

       (H) "Suspend" or "suspension" means the permanent or17161
temporary withdrawal, by action of a court or the bureau of motor17162
vehicles, of a driver's license, commercial driver's license,17163
temporary instruction permit, probationary license, or nonresident17164
operating privilege for the period of the suspension or the17165
permanent or temporary withdrawal of the privilege to obtain a17166
license, permit, or privilege of that type for the period of the17167
suspension.17168

       Sec. 4510.02.  (A) When a court elects or is required to17169
suspend the driver's license, commercial driver's license,17170
temporary instruction permit, probationary license, or nonresident17171
operating privilege of any offender from a specified suspension17172
class, for each of the following suspension classes, the court17173
shall impose a definite period of suspension from the range17174
specified for the suspension class:17175

       (1) For a class one suspension, a definite period for the17176
life of the person subject to the suspension;17177

       (2) For a class two suspension, a definite period of three17178
years to life;17179

       (3) For a class three suspension, a definite period of two17180
to ten years;17181

       (4) For a class four suspension, a definite period of one to17182
five years;17183

       (5) For a class five suspension, a definite period of six17184
months to three years;17185

       (6) For a class six suspension, a definite period of three17186
months to two years;17187

       (7) For a class seven suspension, a definite period not to17188
exceed one year.17189

       (B) When the bureau of motor vehicles elects or is required17190
to suspend the driver's license, commercial driver's license,17191
temporary instruction permit, probationary license, or nonresident17192
operating privilege of any person from a specified suspension17193
class, for each of the following suspension classes, the period of17194
suspension shall be as follows:17195

       (1) For a class A suspension, three years;17196

       (2) For a class B suspension, two years;17197

       (3) For a class C suspension, one year;17198

       (4) For a class D suspension, six months;17199

       (5) For a class E suspension, three months;17200

       (6) For a class F suspension, until conditions are met.17201

       (C) The court may require a person to successfully complete17202
a remedial driving course as a condition for the return of full17203
driving privileges after a suspension period imposed from any17204
range in division (A) of this section or otherwise imposed by the17205
court pursuant to any other provision of law ends.17206

       (D) When a court or the bureau suspends the driver's17207
license, commercial driver's license, temporary instruction17208
permit, probationary license, or nonresident operating privilege17209
of any offender or person pursuant to any provision of law that17210
does not provide for the suspension to be from a class set forth17211
in division (A) or (B) of this section, except as otherwise17212
provided in the provision that authorizes or requires the17213
suspension, the suspension shall be subject to and governed by17214
this chapter.17215

       Sec. 4510.021.  (A)(1) Unless expressly prohibited by17216
section 2919.22, section 4510.13, or any other section of the17217
Revised Code, a court may grant limited driving privileges for any17218
purpose described in division (A)(1)(a), (b), or (c) of this17219
section during any suspension imposed by the court. In granting17220
the privileges, the court shall specify the purposes, times, and17221
places of the privileges and may impose any other reasonable17222
conditions on the person's driving of a motor vehicle. The17223
privileges shall be for any of the following limited purposes:17224

       (a) Occupational, educational, vocational, or medical17225
purposes;17226

       (b) Taking the driver's or commercial driver's license17227
examination;17228

       (c) Attending court-ordered treatment.17229

       (B) Unless expressly authorized by a section of the Revised17230
Code, a court may not grant limited driving privileges during any17231
suspension imposed by the bureau of motor vehicles. To obtain17232
limited driving privileges during a suspension imposed by the17233
bureau, a petition may be filed in a court of record in the county17234
in which the person under suspension resides. A person who is not17235
a resident of this state shall file any petition for privileges in17236
the Franklin county municipal court, or, if the person is a minor,17237
in the Franklin county juvenile court. If a court grants limited17238
driving privileges as described in this division, the privileges17239
shall be for any of the limited purposes identified in division17240
(A) of this section.17241

       (C) When the use of an immobilizing or disabling device is17242
not otherwise required by law, the court, as a condition of17243
granting limited driving privileges, may require that the person's17244
vehicle be equipped with an immobilizing or disabling device,17245
except as provided in division (C) of section 4510.43 of the17246
Revised Code. When the use of restricted license plates issued17247
under section 4503.231 of the Revised Code is not otherwise17248
required by law, the court, as a condition of granting limited17249
driving privileges, may require that the person's vehicle be17250
equipped with restricted licenseplates of that nature, except as17251
provided in division (B) of that section.17252

       (D) When the court grants limited driving privileges under17253
section 4510.31 of the Revised Code or any other provision of law17254
during the suspension of the temporary instruction permit or17255
probationary driver's license of a person who is under eighteen17256
years of age, the court may include as a purpose of the privilege17257
the person's practicing of driving with the person's parent,17258
guardian, or other custodian during the period of the suspension.17259
If the court grants limited driving privileges for this purpose,17260
the court, in addition to all other conditions it imposes, shall17261
impose as a condition that the person exercise the privilege only17262
when a parent, guardian, or custodian of the person who holds a17263
current valid driver's or commercial driver's license issued by17264
this state actually occupies the seat beside the person in the17265
vehicle the person is operating.17266

       (E) Before granting limited driving privileges under this17267
section, the court shall require the offender to provide proof of17268
financial responsibility pursuant to section 4509.45 of the17269
Revised Code.17270

       Sec. 4510.03.  (A) Every county court judge, mayor of a17271
mayor's court, and clerk of a court of record shall keep a full17272
record of every case in which a person is charged with any17273
violation of any provision of sections 4511.01 to 4511.771 or17274
4513.01 to 4513.36 of the Revised Code or of any other law or17275
ordinance regulating the operation of vehicles, streetcars, and17276
trackless trolleys on highways or streets.17277

       (B) If a person is convicted of or forfeits bail in relation17278
to a violation of any section listed in division (A) of this17279
section or a violation of any other law or ordinance regulating17280
the operation of vehicles, streetcars, and trackless trolleys on17281
highways or streets, the county court judge, mayor of a mayor's17282
court, or clerk, within ten days after the conviction or bail17283
forfeiture, shall prepare and immediately forward to the bureau of17284
motor vehicles an abstract, certified by the preparer to be true17285
and correct, of the court record covering the case in which the17286
person was convicted or forfeited bail. Every court of record17287
also shall forward to the bureau of motor vehicles an abstract of17288
the court record as described in division (C) of this section upon17289
the conviction of any person of aggravated vehicular homicide or17290
vehicular homicide or of a felony in the commission of which a17291
vehicle was used.17292

       (C) Each abstract required by this section shall be made17293
upon a form approved and furnished by the bureau and shall include17294
the name and address of the person charged, the number of the17295
person's driver's or commercial driver's license, probationary17296
driver's license, or temporary instruction permit, the17297
registration number of the vehicle involved, the nature of the17298
offense, the date of the offense, the date of hearing, the plea,17299
the judgment, or whether bail was forfeited, and the amount of the17300
fine or forfeiture.17301

       Sec. 4510.031.  (A) A United States district court that17302
has jurisdiction within this state may utilize the provisions of17303
section 4510.03 of the Revised Code in regard to any case in which17304
a person is charged with any violation of any provision of17305
sections 4511.01 to 4511.771 or 4513.01 to 4513.36 of the Revised17306
Code or of any other law or ordinance regulating the operation of17307
vehicles, streetcars, and trackless trolleys on highways or17308
streets located on federal property within this state. The court17309
also may forward to the bureau an abstract upon the conviction of17310
any person of aggravated vehicular homicide or vehicular homicide17311
or of a felony in the commission of which a vehicle was used.17312

       (B) If a United States district court acts under this17313
section, it shall follow the procedures established in section17314
4510.03 of the Revised Code.17315

       (C) The bureau of motor vehicles shall accept and process an17316
abstract received from a United States district court under this17317
section in the same manner as it accepts and processes an abstract17318
received from a county court judge, mayor of a mayor's court, or17319
clerk of a court of record.17320

       Sec. 4510.032.  (A) If a person is charged with a17321
violation of section 4511.19 of the Revised Code or a violation of17322
any municipal OVI ordinance; if that charge is dismissed or17323
reduced; if the person is convicted of or forfeits bail in17324
relation to a violation of any other section of the Revised Code17325
or of any ordinance that regulates the operation of vehicles,17326
streetcars, and trackless trolleys on highways and streets but17327
that does not relate to operating a vehicle while under the17328
influence of alcohol, a drug of abuse, or a combination of them or17329
to operating a vehicle with a prohibited concentration of alcohol17330
in the whole blood, blood serum or plasma, breath, or urine; and17331
if the violation of which the person was convicted or in relation17332
to which the person forfeited bail arose out of the same facts and17333
circumstances and the same act as did the charge that was17334
dismissed or reduced, the abstract prepared under section 4510.0317335
of the Revised Code also shall set forth the charge that was17336
dismissed or reduced, indicate that it was dismissed or reduced,17337
and indicate that the violation resulting in the conviction or17338
bail forfeiture arose out of the same facts and circumstances and17339
the same act as did the charge that was dismissed or reduced.17340

       (B) If a charge against a person of a violation of division17341
(A) of section 4510.11, division (A) of section 4510.14, or17342
division (A) of section 4510.16 of the Revised Code or any17343
municipal ordinance that is substantially equivalent to any of17344
those divisions is dismissed or reduced and if the person is17345
convicted of or forfeits bail in relation to a violation of any17346
other section of the Revised Code or any other ordinance that17347
regulates the operation of vehicles, streetcars, and trackless17348
trolleys on highways and streets that arose out of the same facts17349
and circumstances as did the charge that was dismissed or reduced,17350
the abstract also shall set forth the charge that was dismissed or17351
reduced, indicate that it was dismissed or reduced, and indicate17352
that the violation resulting in the conviction or bail forfeiture17353
arose out of the same facts and circumstances and the same act as17354
did the charge that was dismissed or reduced.17355

       (C)(1) If a child has been adjudicated an unruly or17356
delinquent child or a juvenile traffic offender for having17357
committed any act that if committed by an adult would be a drug17358
abuse offense or any violation of division (B) of section 2917.1117359
or of section 4511.19 of the Revised Code, the court shall notify17360
the bureau, by means of an abstract of the court record as17361
described in divisions (B) and (C) of section 4510.03 of the17362
Revised Code, within ten days after the adjudication.17363

       (2) If a court requires a child to attend a drug abuse or17364
alcohol abuse education, intervention, or treatment program, the17365
abstract required by division (C)(1) of this section and forwarded17366
to the bureau also shall include the name and address of the17367
operator of the program and the date that the child entered the17368
program. If the child satisfactorily completes the program, the17369
court, immediately upon receipt of the information, shall send to17370
the bureau an updated abstract that also shall contain the date on17371
which the child satisfactorily completed the program.17372

       Sec. 4510.034.  (A) Division (B) of this section applies17373
in relation to persons who are convicted of or plead guilty to any17374
of the following:17375

       (1) A violation of division (A) of section 4510.11,17376
division (A) of section 4510.14, or division (A) of section17377
4510.16 of the Revised Code;17378

       (2) A violation of a municipal ordinance substantially17379
equivalent to any division set forth in division (A)(1) of this17380
section;17381

       (3) A violation of division (A) of section 4511.19 of the17382
Revised Code or a violation of section 4511.203 of the Revised17383
Code;17384

       (4) A violation of a municipal OVI ordinance.17385

       (B) If a person is convicted of or pleads guilty to any17386
violation set forth in division (A) of this section and if17387
division (D) of section 4503.234 of the Revised Code prohibits the17388
registrar of motor vehicles and all deputy registrars from17389
accepting an application for the registration of, or registering,17390
any motor vehicle in the name of that person, the abstract17391
prepared pursuant to section 4510.03, 4510.031, or 4510.032 of the17392
Revised Code shall specifically set forth these facts and clearly17393
indicate the date on which the order of criminal forfeiture was17394
issued or would have been issued but for the operation of section17395
4503.234 of the Revised Code. If the registrar receives an17396
abstract containing this information relating to a person, the17397
registrar, in accordance with sections 4503.12 and 4503.234 of the17398
Revised Code, shall take all necessary measures to prevent the17399
registrar's office or any deputy registrar from accepting from the17400
person, for the period of time ending five years after the date on17401
which the order was issued or would have been issued and as17402
described in section 4503.234 of the Revised Code, any new17403
application for the registration of any motor vehicle in the name17404
of the person.17405

       Sec. 4510.035.  The purposeful failure or refusal of any17406
person to comply with any provision of section 4510.03, 4510.032,17407
4510.034, 4510.036, or 4510.037 of the Revised Code constitutes17408
misconduct in office and is a ground for removal of the person17409
from the office.17410

       Sec. 4510.036.  (A) The bureau of motor vehicles shall17411
record within ten days, after receipt, and shall keep at its main17412
office, all abstracts received under this section or section17413
4510.03, 4510.031, 4510.032, or 4510.034 of the Revised Code and17414
shall maintain records of convictions and bond forfeitures for any17415
violation of a state law or a municipal ordinance regulating the17416
operation of vehicles, streetcars, and trackless trolleys on17417
highways and streets, except a violation related to parking a17418
motor vehicle.17419

       (B) Every court of record or mayor's court before which a17420
person is charged with a violation for which points are chargeable17421
by this section shall assess and transcribe to the abstract of17422
conviction that is furnished by the bureau to the court the number17423
of points chargeable by this section in the correct space assigned17424
on the reporting form. A United States district court that has17425
jurisdiction within this state and before which a person is17426
charged with a violation for which points are chargeable by this17427
section may assess and transcribe to the abstract of conviction17428
report that is furnished by the bureau the number of points17429
chargeable by this section in the correct space assigned on the17430
reporting form. If the federal court so assesses and transcribes17431
the points chargeable for the offense and furnishes the report to17432
the bureau, the bureau shall record the points in the same manner17433
as those assessed and transcribed by a court of record or mayor's17434
court.17435

       (C) A court shall assess the following points for an17436
offense based on the following formula:17437

       (1) Aggravated vehicular homicide, vehicular homicide,17438
vehicular manslaughter, aggravated vehicular assault, or vehicular17439
assault when the offense involves the operation of a vehicle,17440
streetcar, or trackless trolley on a highway or street ..........17441
6 points17442

       (2) A violation of section 2921.331 of the Revised Code or17443
any ordinance prohibiting the willful fleeing or eluding of a law17444
enforcement officer .......... 6 points17445

       (3) A violation of section 4549.02 or 4549.021 of the17446
Revised Code or any ordinance requiring the driver of a vehicle to17447
stop and disclose identity at the scene of an accident ..........17448
6 points17449

       (4) A violation of section 4511.251 of the Revised Code or17450
any ordinance prohibiting street racing .......... 6 points17451

       (5) A violation of section 4510.11, 4510.14, 4510.16, or17452
4510.21 of the Revised Code or any ordinance prohibiting the17453
operation of a motor vehicle while the driver's or commercial17454
driver's license is under suspension .......... 6 points17455

       (6) A violation of division (A) of section 4511.19 of the17456
Revised Code, any ordinance prohibiting the operation of a vehicle17457
while under the influence of alcohol, a drug of abuse, or a17458
combination of them, or any ordinance substantially equivalent to17459
division (A) of section 4511.19 of the Revised Code prohibiting17460
the operation of a vehicle with a prohibited concentration of17461
alcohol in the whole blood, blood serum or plasma, breath, or17462
urine .......... 6 points17463

       (7) A violation of section 2913.03 of the Revised Code that17464
does not involve an aircraft or motorboat or any ordinance17465
prohibiting the operation of a vehicle without the consent of the17466
owner .......... 6 points17467

       (8) Any offense under the motor vehicle laws of this state17468
that is a felony, or any other felony in the commission of which a17469
motor vehicle was used .......... 6 points17470

       (9) A violation of division (B) of section 4511.19 of the17471
Revised Code or any ordinance substantially equivalent to that17472
division prohibiting the operation of a vehicle with a prohibited17473
concentration of alcohol in the whole blood, blood serum or17474
plasma, breath, or urine .......... 4 points17475

       (10) A violation of section 4511.20 of the Revised Code or17476
any ordinance prohibiting the operation of a motor vehicle in17477
willful or wanton disregard of the safety of persons or property17478
.......... 4 points17479

       (11) A violation of any law or ordinance pertaining to17480
speed:17481

       (a) Notwithstanding divisions (C)(11)(b) and (c) of this17482
section, when the speed exceeds the lawful speed limit by thirty17483
miles per hour or more .......... 4 points17484

       (b) When the speed exceeds the lawful speed limit of17485
fifty-five miles per hour or more by more than ten miles per hour17486
.......... 2 points17487

       (c) When the speed exceeds the lawful speed limit of less17488
than fifty-five miles per hour by more than five miles per hour17489
.......... 2 points17490

       (d) When the speed does not exceed the amounts set forth in17491
divisions (C)(11)(a), (b), or (c) of this section .......... 017492
points17493

       (12) Operating a motor vehicle in violation of a restriction17494
imposed by the registrar .......... 2 points17495

       (13) All other moving violations reported under this section17496
.......... 2 points17497

       (D) Upon receiving notification from the proper court,17498
including a United States district court that has jurisdiction17499
within this state, the bureau shall delete any points entered for17500
a bond forfeiture if the driver is acquitted of the offense for17501
which bond was posted.17502

       (E) If a person is convicted of or forfeits bail for two or17503
more offenses arising out of the same facts and points are17504
chargeable for each of the offenses, points shall be charged for17505
only the conviction or bond forfeiture for which the greater17506
number of points is chargeable, and, if the number of points17507
chargeable for each offense is equal, only one offense shall be17508
recorded, and points shall be charged only for that offense.17509

       Sec. 4510.037.  (A) When the registrar of motor vehicles17510
determines that the total points charged against any person under17511
section 4510.036 of the Revised Code exceed five, the registrar17512
shall send a warning letter to the person at the person's last17513
known address by regular mail. The warning letter shall list the17514
reported violations that are the basis of the points charged, list17515
the number of points charged for each violation, and outline the17516
suspension provisions of this section.17517

       (B) When the registrar determines that the total points17518
charged against any person under section 4510.036 of the Revised17519
Code within any two-year period beginning on the date of the first17520
conviction within the two-year period is equal to twelve or more,17521
the registrar shall send a written notice to the person at the17522
person's last known address by regular mail. The notice shall17523
list the reported violations that are the basis of the points17524
charged, list the number of points charged for each violation, and17525
state that, because the total number of points charged against the17526
person within the applicable two-year period is equal to twelve or17527
more, the registrar is imposing a class D suspension of the17528
person's driver's or commercial driver's license or permit or17529
nonresident operating privileges for the period of time specified17530
in division (B)(4) of section 4510.02 of the Revised Code. The17531
notice also shall state that the suspension is effective on the17532
twentieth day after the mailing of the notice, unless the person17533
files a petition appealing the determination and suspension in the17534
municipal court, county court, or, if the person is under the age17535
of eighteen, the juvenile division of the court of common pleas in17536
whose jurisdiction the person resides or, if the person is not a17537
resident of this state, in the Franklin county municipal court or17538
juvenile division of the Franklin county court of common pleas. 17539
By filing the appeal of the determination and suspension, the17540
person agrees to pay the cost of the proceedings in the appeal of17541
the determination and suspension and alleges that the person can17542
show cause why the person's driver's or commercial driver's17543
license or permit or nonresident operating privileges should not17544
be suspended.17545

       (C)(1) Any person against whom at least two but less than17546
twelve points have been charged under section 4510.036 of the17547
Revised Code may enroll in a course of remedial driving17548
instruction that is approved by the director of public safety.17549
Upon the person's completion of an approved course of remedial17550
driving instruction, the person may apply to the registrar on a17551
form prescribed by the registrar for a credit of two points on the17552
person's driving record. Upon receipt of the application and17553
proof of completion of the approved remedial driving course, the17554
registrar shall approve the two-point credit. The registrar shall17555
not approve any credits for a person who completes an approved17556
course of remedial driving instruction pursuant to a judge's order17557
under section 4510.02 of the Revised Code.17558

       (2) In any three-year period, the registrar shall approve17559
only one two-point credit on a person's driving record under17560
division (C)(1) of this section. The registrar shall approve not17561
more than five two-point credits on a person's driving record17562
under division (C)(1) of this section during that person's17563
lifetime.17564

       (D) When a judge of a court of record suspends a person's17565
driver's or commercial driver's license or permit or nonresident17566
operating privilege and charges points against the person under17567
section 4510.036 of the Revised Code for the offense that resulted17568
in the suspension, the registrar shall credit that period of17569
suspension against the time of any subsequent suspension imposed17570
under this section for which those points were used to impose the17571
subsequent suspension. When a United States district court that17572
has jurisdiction within this state suspends a person's driver's or17573
commercial driver's license or permit or nonresident operating17574
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.17575
4381 (1988), 18 U.S.C.A. 13, as amended, the district court17576
prepares an abstract pursuant to section 4510.031 of the Revised17577
Code, and the district court charges points against the person17578
under section 4510.036 of the Revised Code for the offense that17579
resulted in the suspension, the registrar shall credit the period17580
of suspension imposed by the district court against the time of17581
any subsequent suspension imposed under this section for which the17582
points were used to impose the subsequent suspension.17583

       (E) The registrar, upon the written request of a licensee17584
who files a petition under division (B) of this section, shall17585
furnish the licensee a certified copy of the registrar's record of17586
the convictions and bond forfeitures of the person. This record17587
shall include the name, address, and date of birth of the17588
licensee; the name of the court in which each conviction or bail17589
forfeiture took place; the nature of the offense that was the17590
basis of the conviction or bond forfeiture; and any other17591
information that the registrar considers necessary. If the record17592
indicates that twelve points or more have been charged against the17593
person within a two-year period, it is prima-facie evidence that17594
the person is a repeat traffic offender, and the registrar shall17595
suspend the person's driver's or commercial driver's license or17596
permit or nonresident operating privilege pursuant to division (B)17597
of this section.17598

       In hearing the petition and determining whether the person17599
filing the petition has shown cause why the person's driver's or17600
commercial driver's license or permit or nonresident operating17601
privilege should not be suspended, the court shall decide the17602
issue on the record certified by the registrar and any additional17603
relevant, competent, and material evidence that either the17604
registrar or the person whose license is sought to be suspended17605
submits.17606

       (F) If a petition is filed under division (B) of this17607
section in a county court, the prosecuting attorney of the county17608
in which the case is pending shall represent the registrar in the17609
proceedings, except that, if the petitioner resides in a municipal17610
corporation within the jurisdiction of the county court, the city17611
director of law, village solicitor, or other chief legal officer17612
of the municipal corporation shall represent the registrar in the17613
proceedings. If a petition is filed under division (B) of this17614
section in a municipal court, the registrar shall be represented17615
in the resulting proceedings as provided in section 1901.34 of the17616
Revised Code.17617

       (G) If the court determines from the evidence submitted that17618
a person who filed a petition under division (B) of this section17619
has failed to show cause why the person's driver's or commercial17620
driver's license or permit or nonresident operating privileges17621
should not be suspended, the court shall assess against the person17622
the cost of the proceedings in the appeal of the determination17623
and suspension and shall impose the applicable suspension under17624
this section or suspend all or a portion of the suspension and17625
impose any conditions or probation upon the person that the court17626
considers proper. If the court determines from the evidence17627
submitted that a person who filed a petition under division (B) of17628
this section has shown cause why the person's driver's or17629
commercial driver's license or permit or nonresident operating17630
privileges should not be suspended, the costs of the appeal17631
proceeding shall be paid out of the county treasury of the county17632
in which the proceedings were held.17633

       (H) Any person whose driver's or commercial driver's license17634
or permit or nonresident operating privileges are suspended under17635
this section is not entitled to apply for or receive a new17636
driver's or commercial driver's license or permit or to request or17637
be granted nonresident operating privileges during the effective17638
period of the suspension.17639

       (I) Upon the termination of any suspension or other penalty17640
imposed under this section involving the surrender of license or17641
permit and upon the request of the person whose license or permit17642
was suspended or surrendered, the registrar shall return the17643
license or permit to the person upon determining that the person17644
has complied with all provisions of section 4510.038 of the17645
Revised Code or, if the registrar destroyed the license or permit17646
pursuant to section 4510.52 of the Revised Code, shall reissue the17647
person's license or permit.17648

       (J) Any person whose driver's or commercial driver's license17649
or permit or nonresident operating privileges are suspended as a17650
repeat traffic offender under this section and who, during the17651
suspension, operates any motor vehicle upon any public roads and17652
highways is guilty of a misdemeanor of the first degree, and the17653
court shall sentence the offender to a minimum term of three days17654
in jail. No court shall suspend the first three days of jail time17655
imposed pursuant to this division.17656

       (K) The registrar, in accordance with specific statutory17657
authority, may suspend the privilege of driving a motor vehicle on17658
the public roads and highways of this state that is granted to17659
nonresidents by section 4507.04 of the Revised Code.17660

       Sec. 4507.022.        Sec. 4510.038.  Any person whose driver's or17661
commercial driver's license or permit is suspended, or who is put17662
on probation or granted limited or occupational driving17663
privileges, under section 4507.021 or division (E) of section17664
4507.164510.037,under division (H) of section 4511.19, or under17665
section 4510.07 of the Revised Code for a violation of a municipal17666
ordinance that is substantially equivalent to division (B) of17667
section4511.19 of the Revised Code, is not eligible to retain the17668
person's license, or to have the person's driving privileges17669
reinstated, until each of the following has occurred:17670

       (A) The person successfully completes a course of remedial17671
driving instruction approved by the director of public safety,17672
provided the person commences taking the course after the person's17673
driver's or commercial driver's license or permit is suspended17674
under section 4507.021 or division (E) of section 4507.16 of the17675
Revised Code. A minimum of twenty-five per cent of the number of17676
hours of instruction included in the course shall be devoted to17677
instruction on driver attitude.17678

       The course also shall devote a number of hours to instruction17679
in the area of alcohol and drugs and the operation of motor17680
vehicles. The instruction shall include, but not be limited to, a17681
review of the laws governing the operation of a motor vehicle17682
while under the influence of alcohol, drugs, or botha combination17683
of them, the dangers of operating a motor vehicle while under the17684
influence of alcohol, drugs, or botha combination of them, and17685
other information relating to the operation of motor vehicles and17686
the consumption of alcoholic beverages and use of drugs. The17687
director, in consultation with the director of alcohol and drug17688
addiction services, shall prescribe the content of the17689
instruction. The number of hours devoted to the area of alcohol17690
and drugs and the operation of motor vehicles shall comprise a17691
minimum of twenty-five per cent of the number of hours of17692
instruction included in the course.17693

       (B) The person is examined in the manner provided for in17694
section 4507.20 of the Revised Code, and found by the registrar of17695
motor vehicles to be qualified to operate a motor vehicle;17696

       (C) The person gives and maintains proof of financial17697
responsibility, in accordance with section 4509.45 of the Revised17698
Code.17699

       Sec. 4510.04.  It is an affirmative defense to any17700
prosecution brought under section 4510.11, 4510.14, 4510.16, or17701
4510.21 of the Revised Code or under any substantially equivalent17702
municipal ordinance that the alleged offender drove under17703
suspension, without a valid permit or driver's or commercial17704
driver's license, or in violation of a restriction because of a17705
substantial emergency, and because no other person was reasonably17706
available to drive in response to the emergency.17707

       It is an affirmative defense to any prosecution brought under17708
section 4510.16 of the Revised Code that the order of suspension17709
resulted from the failure of the alleged offender to respond to a17710
financial responsibility random verification request under17711
division (A)(3)(c) of section 4509.101 of the Revised Code and17712
that, at the time of the initial financial responsibility random17713
verification request, the alleged offender was in compliance with17714
division (A)(1) of section 4509.101 of the Revised Code as shown17715
by proof of financial responsibility that was in effect at the17716
time of that request.17717

       Sec. 4507.1611.        Sec. 4510.05.  Except as may otherwise be provided17718
in section 4510.07 or in any other provision of the Revised Code,17719
whenever an offender is convicted of or pleads guilty to a17720
violation of a municipal ordinance that is substantially similar17721
to a provision of the Revised Code, and a court is permitted or17722
required to suspend or revoke a person's driver's or commercial17723
driver's license or permit for a violation of that provision, a17724
court, in addition to any other penalties it is authorized by law17725
to impose upon the offender, may suspend the offender's driver's17726
or commercial driver's license or permit or nonresident operating17727
privileges for the period of time the court determines17728
appropriate, or may revoke the license or permit, but in no case17729
shall the period of suspension imposed for the violation of the17730
municipal ordinance shall not exceed the period of suspension that17731
is permitted or required to be imposed for the violation of the17732
provision of the Revised Code to which the municipal ordinance is17733
substantially similar.17734

       Sec. 4507.1610.        Sec. 4510.06.  If a United States district court17735
whose jurisdiction lies within this state suspends, revokes,or17736
cancels, or forfeits the driver's or commercial driver's license17737
or, permit,or nonresident operating privileges of any person17738
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988),17739
18 U.S.C.A. 13, as amended, that suspension, revocation,or17740
cancellation, or forfeiture is deemed to operate in the same17741
manner and to have the same effect throughout this state as if it17742
were imposed under the laws of this state by a judge of a court of17743
record of this state. In such athat type of case, if the United17744
States district court observes the procedures prescribed by the17745
Revised Code and utilizes the forms prescribed by the registrar of17746
motor vehicles, the bureau of motor vehicles shall make the17747
appropriate notation or record and shall take any other action17748
that is prescribed or permitted by the Revised Code.17749

       Sec. 4507.1613.        Sec. 4510.07.  The court imposing a sentence upon17750
an offender for any violation of a municipal ordinance that is17751
substantially equivalent to a violation of section 2903.06 or17752
2907.24 of the Revised Code or for any violation of a municipal17753
OVI ordinance also shall impose a suspension of the offender's17754
driver's license, commercial driver's license, temporary17755
instruction permit, probationary license, or nonresident operating17756
privilege from the range specified in division (B) of section17757
4510.02 of the Revised Code that is equivalent in length to the17758
suspension required for a violation of section 2903.06 or 2907.2417759
or division (A) or (B) of section4511.19 of the Revised Code17760
under similar circumstances.17761

       Sec. 4510.10.  (A) As used in this section,17762
"reinstatement fees" means the fees that are required under17763
section 4507.1612, 4507.45, 4509.101, 4509.81, 4511.191, 4511.951,17764
or any other provision of the Revised Code, or under a schedule17765
established by the bureau of motor vehicles, in order to reinstate17766
a driver's or commercial driver's license or permit or nonresident17767
operating privilege of an offender under a suspension.17768

       (B) When a municipal court or county court determines in a17769
pending case involving an offender that the offender cannot17770
reasonably pay reinstatement fees due and owing by the offender17771
relative to a suspension that has been or that will be imposed in17772
the case, then the court, by order, may undertake either of the17773
following, in order of preference:17774

       (1) Establish a reasonable payment plan of not less than17775
fifty dollars per month, to be paid by the offender to the bureau17776
of motor vehicles in all succeeding months until all reinstatement17777
fees required of the offender are paid in full;17778

       (2) If the offender, but for the payment of the17779
reinstatement fees, otherwise would be entitled to operate a17780
vehicle in this state or to obtain reinstatement of the offender's17781
operating privileges, permit the offender to operate a motor17782
vehicle, as authorized by the court, until a future date upon17783
which date all reinstatement fees must be paid in full. A payment17784
extension granted under this division shall not exceed one hundred17785
eighty days, and any operating privileges granted under this17786
division shall be solely for the purpose of permitting the17787
offender occupational or "family necessity" privileges in order to17788
enable the offender to reasonably acquire the delinquent17789
reinstatement fees due and owing.17790

       (C) If a municipal court or county court, by order,17791
undertakes either activity described in division (B)(1) or (2) of17792
this section, the court, at any time after the issuance of the17793
order, may determine that a change of circumstances has occurred17794
and may amend the order as justice requires, provided that the17795
amended order also shall be an order that is permitted under17796
division (B)(1) or (2) of this section.17797

       (D) If a court enters an order of the type described in17798
division (B)(1), (B)(2), or (C) of this section, during the17799
pendency of the order, the offender in relation to whom it applies17800
is not subject to prosecution for failing to pay the reinstatement17801
fees covered by the order.17802

       Sec. 4510.11.  (A) No person whose driver's or17803
commercial driver's license or permit or nonresident operating17804
privilege has been suspended under any provision of the Revised17805
Code, other than Chapter 4509. of the Revised Code, or under any17806
applicable law in any other jurisdiction in which the person's17807
license or permit was issued shall operate any motor vehicle upon17808
the public roads and highways or upon any public or private17809
property used by the public for purposes of vehicular travel or17810
parking within this state during the period of suspension unless17811
the person is granted limited driving privileges and is operating17812
the vehicle in accordance with the terms of the limited driving17813
privileges.17814

       (B) No person shall operate any motor vehicle upon a highway17815
or any public or private property used by the public for purposes17816
of vehicular travel or parking in this state in violation of any17817
restriction of the person's driver's or commercial driver's17818
license or permit imposed under division (D) of section 4506.10 or17819
under section 4507.14 of the Revised Code.17820

       (C)(1) Whoever violates this section is guilty of driving17821
under suspension or in violation of a license restriction, a17822
misdemeanor of the first degree. The court shall impose upon the17823
offender a class seven suspension of the offender's driver's17824
license, commercial driver's license, temporary instruction17825
permit, probationary license, or nonresident operating privilege17826
from the range specified in division (A)(7) of section 4510.02 of17827
the Revised Code.17828

       (2) Except as provided in division (C)(3) or (4) of this17829
section, the court, in addition to any other penalty that it17830
imposes on the offender and if the vehicle is registered in the17831
offender's name, shall order the immobilization of the vehicle17832
involved in the offense for thirty days in accordance with section17833
4503.233 of the Revised Code and the impoundment of that vehicle's17834
license plates for thirty days.17835

       (3) If the offender previously has been convicted of or17836
pleaded guilty to one violation of this section or of a17837
substantially similar municipal ordinance, the court, in addition17838
to any other sentence that it imposes on the offender and if the17839
vehicle is registered in the offender's name, shall order the17840
immobilization of the vehicle involved in the offense for sixty17841
days in accordance with section 4503.233 of the Revised Code and17842
the impoundment of that vehicle's license plates for sixty days.17843

       (4) If the offender previously has been convicted of or17844
pleaded guilty to two or more violations of this section or of a17845
substantially similar municipal ordinance, the court, in addition17846
to any other sentence that it imposes on the offender and if the17847
vehicle is registered in the offender's name, shall order the17848
criminal forfeiture of the vehicle involved in the offense to the17849
state.17850

       (D) Any order for immobilization and impoundment under this17851
section shall be issued and enforced under section 4503.233 of the17852
Revised Code. The court shall not release a vehicle from17853
immobilization ordered under this section unless the court is17854
presented with current proof of financial responsibility with17855
respect to that vehicle.17856

       (E) Any order of criminal forfeiture under this section17857
shall be issued and enforced under section 4503.234 of the Revised17858
Code. Upon receipt of the copy of the order from the court,17859
neither the registrar of motor vehicles nor a deputy registrar17860
shall accept any application for the registration or transfer of17861
registration of any motor vehicle owned or leased by the person17862
named in the declaration of forfeiture. The period of17863
registration denial shall be five years after the date of the17864
order, unless, during that period, the court having jurisdiction17865
of the offense that led to the order terminates the forfeiture and17866
notifies the registrar of the termination. The registrar then17867
shall take necessary measures to permit the person to register a17868
vehicle owned or leased by the person or to transfer registration17869
of the vehicle.17870

       Sec. 4510.12.  (A)(1) No person, except those expressly17871
exempted under sections 4507.03, 4507.04, and 4507.05 of the17872
Revised Code, shall operate any motor vehicle upon a public road17873
or highway or any public or private property used by the public17874
for purposes of vehicular travel or parking in this state unless17875
the person has a valid driver's license issued under Chapter 4507.17876
of the Revised Code or a commercial driver's license issued under17877
Chapter 4506. of the Revised Code.17878

       (2) No person, except a person expressly exempted under17879
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall17880
operate any motorcycle upon a public road or highway or any public17881
or private property used by the public for purposes of vehicular17882
travel or parking in this state unless the person has a valid17883
license as a motorcycle operator that was issued upon application17884
by the registrar of motor vehicles under Chapter 4507. of the17885
Revised Code. The license shall be in the form of an endorsement,17886
as determined by the registrar, upon a driver's or commercial17887
driver's license, if the person has a valid license to operate a17888
motor vehicle or commercial motor vehicle, or in the form of a17889
restricted license as provided in section 4507.14 of the Revised17890
Code, if the person does not have a valid license to operate a17891
motor vehicle or commercial motor vehicle.17892

       (B) Whoever violates this section is guilty of operating a17893
motor vehicle without a valid license and shall be punished as17894
follows:17895

       (1) If the offender's driver's or commercial driver's17896
license or permit was expired at the time of the offense for no17897
more than six months, subject to divisions (B)(3) to (5) of this17898
section, the offense is a minor misdemeanor.17899

       (2) If the offender's driver's or commercial driver's17900
license or permit was expired at the time of the offense for more17901
than six months, subject to divisions (B)(3) to (5) of this17902
section, the offense is a misdemeanor of the fourth degree.17903

       (3) If the offender previously was convicted of or pleaded17904
guilty to one violation of this section or a substantially17905
equivalent municipal ordinance within the past three years, the17906
offense is a misdemeanor of the third degree.17907

       (4) If the offender previously was convicted of or pleaded17908
guilty to two violations of this section or a substantially17909
equivalent municipal ordinance within the past three years, the17910
offense is a misdemeanor of the second degree.17911

       (5) If the offender previously was convicted of or pleaded17912
guilty to three or more violations of this section or a17913
substantially equivalent municipal ordinance within the past three17914
years, the offense is a misdemeanor of the first degree.17915

       (C) The court shall not impose a license suspension for a17916
first violation of this section or if more than three years have17917
passed since the offender's last violation of this section or a17918
substantially equivalent municipal ordinance.17919

       (D) If the offender was convicted of or pleaded guilty to17920
one or more violations of this section or a substantially17921
equivalent municipal ordinance within the past three years, and if17922
the offender's license was expired for more than six months at the17923
time of the offense, the court shall impose a class seven17924
suspension of the offender's driver license, commercial driver's17925
license, temporary instruction permit, probationary license, or17926
nonresident operating privilege from the range specified in17927
division (A)(7) of section 4510.02 of the Revised Code.17928

       Sec. 4510.13.  (A)(1) Divisions (A)(2) to (7) of this17929
section apply to a judge or mayor regarding the suspension of, or17930
the grant of limited driving privileges during, a suspension of an17931
offender's driver's or commercial driver's license or permit or17932
nonresident operating privilege imposed under division (G) or (H)17933
of section 4511.19 of the Revised Code, under division (B) or (C)17934
of section 4511.191 of the Revised Code, or under section 4510.0717935
of the Revised Code for a conviction of a violation of a municipal17936
OVI ordinance.17937

       (2) No judge or mayor shall suspend the following portions17938
of the suspension of an offender's driver's or commercial driver's17939
license or permit or nonresident operating privilege imposed under17940
division (G) or (H) of section 4511.19 of the Revised Code or17941
under section 4510.07 of the Revised Code for a conviction of a17942
violation of a municipal OVI ordinance, provided that division17943
(A)(2) of this section does not limit a court or mayor in17944
crediting any period of suspension imposed pursuant to division17945
(B) or (C) of section 4511.191 of the Revised Code against any17946
time of judicial suspension imposed pursuant to section 4511.19 or17947
4510.07 of the Revised Code, as described in divisions (B)(2) and17948
(C)(2) of section 4511.191 of the Revised Code:17949

       (a) The first six months of a suspension imposed under17950
division (G)(1)(a) of section 4511.19 of the Revised Code or of a17951
comparable length suspension imposed under section 4510.07 of the17952
Revised Code;17953

       (b) The first year of a suspension imposed under division17954
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a17955
comparable length suspension imposed under section 4510.07 of the17956
Revised Code;17957

       (c) The first three years of a suspension imposed under17958
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code17959
or of a comparable length suspension imposed under section 4510.0717960
of the Revised Code;17961

       (d) The first sixty days of a suspension imposed under17962
division (H) of section 4511.19 of the Revised Code or of a17963
comparable length suspension imposed under section 4510.07 of the17964
Revised Code.17965

       (3) No judge or mayor shall grant limited driving privileges17966
to an offender whose driver's or commercial driver's license or17967
permit or nonresident operating privilege has been suspended under17968
division (G) or (H) of section 4511.19 of the Revised Code, under17969
division (C) of section 4511.191 of the Revised Code, or under17970
section 4510.07 of the Revised Code for a municipal OVI conviction17971
if the offender, within the preceding six years, has been17972
convicted of or pleaded guilty to three or more violations of one17973
or more of the Revised Code sections, municipal ordinances,17974
statutes of the United States or another state, or municipal17975
ordinances of a municipal corporation of another state that are17976
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the17977
Revised Code.17978

       Additionally, no judge or mayor shall grant limited driving17979
privileges to an offender whose driver's or commercial driver's17980
license or permit or nonresident operating privilege has been17981
suspended under division (B) of section 4511.191 of the Revised17982
Code if the offender, within the preceding six years, has refused17983
three previous requests to consent to a chemical test of the17984
person's whole blood, blood serum or plasma, breath, or urine to17985
determine its alcohol content.17986

       (4) No judge or mayor shall grant limited driving privileges17987
for employment as a driver of commercial motor vehicles to an17988
offender whose driver's or commercial driver's license or permit17989
or nonresident operating privilege has been suspended under17990
division (G) or (H) of section 4511.19 of the Revised Code, under17991
division (B) or (C) of section 4511.191 of the Revised Code, or17992
under section 4510.07 of the Revised Code for a municipal OVI17993
conviction if the offender is disqualified from operating a17994
commercial motor vehicle, or whose license or permit has been17995
suspended, under section 3123.58 or 4506.16 of the Revised Code.17996

       (5) No judge or mayor shall grant limited driving privileges17997
to an offender whose driver's or commercial driver's license or17998
permit or nonresident operating privilege has been suspended under17999
division (G) or (H) of section 4511.19 of the Revised Code, under18000
division (C) of section 4511.191 of the Revised Code, or under18001
section 4510.07 of the Revised Code for a conviction of a18002
violation of a municipal OVI ordinance during any of the following18003
periods of time:18004

       (a) The first fifteen days of a suspension imposed under18005
division (G)(1)(a) of section 4511.19 of the Revised Code or a18006
comparable length suspension imposed under section 4510.07 of the18007
Revised Code, or of a suspension imposed under division (C)(1)(a)18008
of section 4511.191 of the Revised Code. On or after the18009
sixteenth day of the suspension, the court may grant limited18010
driving privileges, but the court may require that the offender18011
shall not exercise the privileges unless the vehicles the offender18012
operates are equipped with immobilizing or disabling devices that18013
monitor the offender's alcohol consumption or any other type of18014
immobilizing or disabling devices, except as provided in division18015
(C) of section 4510.43 of the Revised Code.18016

       (b) The first thirty days of a suspension imposed under18017
division (G)(1)(b) of section 4511.19 of the Revised Code or a18018
comparable length suspension imposed under section 4510.07 of the18019
Revised Code, or of a suspension imposed under division (C)(1)(b)18020
of section 4511.191 of the Revised Code. On or after the18021
thirty-first day of suspension, the court may grant limited18022
driving privileges, but the court may require that the offender18023
shall not exercise the privileges unless the vehicles the offender18024
operates are equipped with immobilizing or disabling devices that18025
monitor the offender's alcohol consumption or any other type of18026
immobilizing or disabling devices, except as provided in division18027
(C) of section 4510.43 of the Revised Code.18028

       (c) The first sixty days of a suspension imposed under18029
division (H) of section 4511.19 of the Revised Code or a18030
comparable length suspension imposed under section 4510.07 of the18031
Revised Code.18032

       (d) The first one hundred eighty days of a suspension18033
imposed under division (G)(1)(c) of section 4511.19 of the Revised18034
Code or a comparable length suspension imposed under section18035
4510.07 of the Revised Code, or of a suspension imposed under18036
division (C)(1)(c) of section 4511.191 of the Revised Code. The18037
judge may grant limited driving privileges on or after the one18038
hundred eighty-first day of the suspension only if the judge, at18039
the time of granting the privileges, also issues an order18040
prohibiting the offender, while exercising the privileges during18041
the period commencing with the one hundred eighty-first day of18042
suspension and ending with the first year of suspension, from18043
operating any motor vehicle unless it is equipped with an18044
immobilizing or disabling device that monitors the offender's18045
alcohol consumption. After the first year of the suspension, the18046
court may authorize the offender to continue exercising the18047
privileges in vehicles that are not equipped with immobilizing or18048
disabling devices that monitor the offender's alcohol consumption,18049
except as provided in division (C) of section 4510.43 of the18050
Revised Code. If the offender does not petition for limited18051
driving privileges until after the first year of suspension, the18052
judge may grant limited driving privileges without requiring the18053
use of an immobilizing or disabling device that monitors the18054
offender's alcohol consumption.18055

       (e) The first three years of a suspension imposed under18056
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code18057
or a comparable length suspension imposed under section 4510.07 of18058
the Revised Code, or of a suspension imposed under division18059
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may18060
grant limited driving privileges after the first three years of18061
suspension only if the judge, at the time of granting the18062
privileges, also issues an order prohibiting the offender from18063
operating any motor vehicle, for the period of suspension18064
following the first three years of suspension, unless the motor18065
vehicle is equipped with an immobilizing or disabling device that18066
monitors the offender's alcohol consumption, except as provided in18067
division (C) of section 4510.43 of the Revised Code.18068

       (6) No judge or mayor shall grant limited driving privileges18069
to an offender whose driver's or commercial driver's license or18070
permit or nonresident operating privilege has been suspended under18071
division (B) of section 4511.191 of the Revised Code during any of18072
the following periods of time:18073

       (a) The first thirty days of suspension imposed under18074
division (B)(1)(a) of section 4511.191 of the Revised Code;18075

       (b) The first ninety days of suspension imposed under18076
division (B)(1)(b) of section 4511.191 of the Revised Code;18077

       (c) The first year of suspension imposed under division18078
(B)(1)(c) of section 4511.191 of the Revised Code;18079

       (d) The first three years of suspension imposed under18080
division (B)(1)(d) of section 4511.191 of the Revised Code.18081

       (7) In any case in which a judge or mayor grants limited18082
driving privileges to an offender whose driver's or commercial18083
driver's license or permit or nonresident operating privilege has18084
been suspended under division (G) of section 4511.19 of the18085
Revised Code or under section 4510.07 of the Revised Code for a18086
municipal OVI conviction, the judge or mayor shall impose as a18087
condition of the privileges that the offender must display on the18088
vehicle that is driven subject to the privileges restricted18089
license plates that are issued under section 4503.231 of the18090
Revised Code, except as provided in division (B) of that section.18091

       (B) Any person whose driver's or commercial driver's license18092
or permit or nonresident operating privilege has been suspended18093
pursuant to section 4511.19 or 4511.191 of the Revised Code or18094
under section 4510.07 of the Revised Code for a violation of a18095
municipal OVI ordinance may file a petition for limited driving18096
privileges during the suspension. The person shall file the18097
petition in the court that has jurisdiction over the place of18098
arrest. Subject to division (A) of this section, the court may18099
grant the person limited driving privileges during the period18100
during which the suspension otherwise would be imposed. However,18101
the court shall not grant the privileges for employment as a18102
driver of a commercial motor vehicle to any person who is18103
disqualified from operating a commercial motor vehicle under18104
section 4506.16 of the Revised Code or during any of the periods18105
prescribed by division (A) of this section.18106

       (C)(1) After a driver's or commercial driver's license or18107
permit or nonresident operating privilege has been suspended18108
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4511.19,18109
4511.251, 4549.02, 4549.021, or 5743.99 of the Revised Code, any18110
provision of Chapter 2925. of the Revised Code, or section 4510.0718111
of the Revised Code for a violation of a municipal OVI ordinance,18112
the judge of the court or mayor of the mayor's court that18113
suspended the license, permit, or privilege shall cause the18114
offender to deliver to the court the license or permit. The18115
judge, mayor, or clerk of the court or mayor's court shall forward18116
to the registrar the license or permit together with notice of the18117
action of the court.18118

       (2) A suspension of a commercial driver's license under any18119
section or chapter identified in division (C)(1) of this section18120
shall be concurrent with any period of suspension or18121
disqualification under section 3123.58 or 4506.16 of the Revised18122
Code. No person who is disqualified for life from holding a18123
commercial driver's license under section 4506.16 of the Revised18124
Code shall be issued a driver's license under this chapter during18125
the period for which the commercial driver's license was suspended18126
under this section, and no person whose commercial driver's18127
license is suspended under any section or chapter identified in18128
division (C)(1) of this section shall be issued a driver's license18129
under Chapter 4507. of the Revised Code during the period of the18130
suspension.18131

       (3) No judge or mayor shall suspend any class one18132
suspension, or any portion of any class one suspension, required18133
by section 2903.04 or 2903.06 of the Revised Code. No judge or18134
mayor shall suspend the first thirty days of any class two, class18135
three, class four, class five, or class six suspension imposed18136
under section 2903.06 or 2903.08 of the Revised Code.18137

       (D) The judge of the court or mayor of the mayor's court18138
shall credit any time during which an offender was subject to an18139
administrative suspension of the offender's driver's or commercial18140
driver's license or permit or nonresident operating privilege18141
imposed pursuant to section 4511.191 or 4511.192 of the Revised18142
Code or a suspension imposed by a judge, referee, or mayor18143
pursuant to division (B)(1) or (2) of section 4511.196 of the18144
Revised Code against the time to be served under a related18145
suspension imposed pursuant to any section or chapter identified18146
in division (C)(1) of this chapter.18147

       (E) The judge or mayor shall notify the bureau of motor18148
vehicles of any determinations made pursuant to this section and18149
of any suspension imposed pursuant to any section or chapter18150
identified in division (C)(1) of this section.18151

       (F)(1) If a court issues an immobilizing or disabling device18152
order under section 4510.43 of the Revised Code, the order shall18153
authorize the offender during the specified period to operate a18154
motor vehicle only if it is equipped with an immobilizing or18155
disabling device, except as provided in division (C) of that18156
section. The court shall provide the offender with a copy of an18157
immobilizing or disabling device order issued under section18158
4510.43 of the Revised Code, and the offender shall use the copy18159
of the order in lieu of an Ohio driver's or commercial driver's18160
license or permit until the registrar or a deputy registrar issues18161
the offender a restricted license.18162

       An order issued under section 4510.43 of the Revised Code18163
does not authorize or permit the offender to whom it has been18164
issued to operate a vehicle during any time that the offender's18165
driver's or commercial driver's license or permit is suspended18166
under any other provision of law.18167

       (2) An offender may present an immobilizing or disabling18168
device order to the registrar or to a deputy registrar. Upon18169
presentation of the order to the registrar or a deputy registrar,18170
the registrar or deputy registrar shall issue the offender a18171
restricted license. A restricted license issued under this18172
division shall be identical to an Ohio driver's license, except18173
that it shall have printed on its face a statement that the18174
offender is prohibited during the period specified in the court18175
order from operating any motor vehicle that is not equipped with18176
an immobilizing or disabling device. The date of commencement and18177
the date of termination of the period of suspension shall be18178
indicated conspicuously upon the face of the license.18179

       Sec. 4510.14.  (A) No person whose driver's or commercial18180
driver's license or permit or nonresident operating privilege has18181
been suspended under section 4511.19. 4511.191, or 4511.196 of the18182
Revised Code or under section 4510.07 of the Revised Code for a18183
conviction of a violation of a municipal OVI ordinance shall18184
operate any motor vehicle upon the public roads or highways within18185
this state during the period of the suspension. 18186

       (B) Whoever violates this section is guilty of driving under18187
OVI suspension. The court shall sentence the offender under18188
Chapter 2929. of the Revised Code, subject to the differences18189
authorized or required by this section.18190

       (1) Except as otherwise provided in division (B)(2) or (3)18191
of this section, driving under OVI suspension is a misdemeanor of18192
the first degree. The court shall sentence the offender to all of18193
the following:18194

       (a) A mandatory jail term of three consecutive days. The18195
three-day term shall be imposed, unless, subject to division (C)18196
of this section, the court instead imposes a sentence of not less18197
than thirty consecutive days of electronically monitored house18198
arrest. A period of electronically monitored house arrest imposed18199
under this division shall not exceed six months. If the court18200
imposes a mandatory three-day jail term under this division, the18201
court may impose a jail term in addition to that term, provided18202
that in no case shall the cumulative jail term imposed for the18203
offense exceed six months.18204

       (b) A fine of not less than two hundred fifty and not more18205
than one thousand dollars;18206

       (c) A license suspension under division (E) of this section;18207

       (d) If the vehicle the offender was operating at the time of18208
the offense is registered in the offender's name, immobilization18209
for thirty days of the offender's vehicle and impoundment for18210
thirty days of the identification license plates of that vehicle.18211
The order for immobilization and impoundment shall be issued and18212
enforced in accordance with section 4503.233 of the Revised Code.18213

       (2) If, within six years of the offense, the offender18214
previously has been convicted of or pleaded guilty to one18215
violation of this section or one equivalent offense, driving under18216
OVI suspension is a misdemeanor of the first degree. The court18217
shall sentence the offender to all of the following:18218

       (a) A mandatory jail term of ten consecutive days. 18219
Notwithstanding the terms of imprisonment provided in Chapter18220
2929. of the Revised Code, the court may sentence the offender to18221
a longer jail term of not more than one year. The ten-day18222
mandatory jail term shall be imposed unless, subject to division18223
(C) of this section, the court instead imposes a sentence of not18224
less than ninety consecutive days of electronically monitored18225
house arrest. The period of electronically monitored house arrest18226
shall not exceed one year. 18227

        (b) Notwithstanding the fines provided for in Chapter 2929.18228
of the Revised Code, a fine of not less than five hundred and not18229
more than two thousand five hundred dollars;18230

       (c) A license suspension under division (E) of this section;18231

       (d) If the vehicle the offender was operating at the time of18232
the offense is registered in the offender's name, immobilization18233
of the offender's vehicle for sixty days and the impoundment for18234
sixty days of the identification license plates of that vehicle. 18235
The order for immobilization and impoundment shall be issued and18236
enforced in accordance with section 4503.233 of the Revised Code.18237

       (3) If, within six years of the offense, the offender18238
previously has been convicted of or pleaded guilty to two or more18239
violations of this section or two or more equivalent offenses,18240
driving under OVI suspension is a misdemeanor. The court shall18241
sentence the offender to all of the following:18242

       (a) A mandatory jail term of thirty consecutive days.18243
Notwithstanding the terms of imprisonment provided in Chapter18244
2929. of the Revised Code, the court may sentence the offender to18245
a longer jail term of not more than one year. The court shall not18246
sentence the offender to a term of electronically monitored house18247
arrest in lieu of the mandatory portion of the jail term. 18248

       (b) Notwithstanding the fines set forth in Chapter 2929. of18249
the Revised Code, a fine of not less than five hundred and not18250
more than two thousand five hundred dollars;18251

       (c) A license suspension under division (E) of this section;18252

       (d) If the vehicle the offender was operating at the time of18253
the offense is registered in the offender's name, criminal18254
forfeiture to the state of the offender's vehicle. The order of18255
criminal forfeiture shall be issued and enforced in accordance18256
with section 4503.234 of the Revised Code. If title to a motor18257
vehicle that is subject to an order for criminal forfeiture under18258
this division is assigned or transferred and division (B)(2) or18259
(3) of section 4503.234 of the Revised Code applies, the court may18260
fine the offender the value of the vehicle as determined by18261
publications of the national auto dealer's association. The18262
proceeds from any fine so imposed shall be distributed in18263
accordance with division (C)(2) of section 4503.234 of the Revised18264
Code.18265

       (C) No court shall impose an alternative sentence of18266
electronically monitored house arrest under division (B)(1) or (2)18267
of this section unless, within sixty days of the date of18268
sentencing, the court issues a written finding on the record that,18269
due to the unavailability of space at the jail where the offender18270
is required to serve the jail term imposed, the offender will not18271
be able to begin serving that term within the sixty-day period18272
following the date of sentencing.18273

       An offender sentenced under this section to a period of18274
electronically monitored house arrest shall be permitted work18275
release during that period.18276

       (D) Fifty per cent of any fine imposed by a court under18277
division (B)(1), (2), or (3) of this section shall be deposited18278
into the county indigent drivers alcohol treatment fund or18279
municipal indigent drivers alcohol treatment fund under the18280
control of that court, as created by the county or municipal18281
corporation pursuant to division (H) of section 4511.191 of the18282
Revised Code.18283

       (E) In addition to or independent of all other penalties18284
provided by law or ordinance, the trial judge of any court of18285
record or the mayor of a mayor's court shall impose on an offender18286
who is convicted of or pleads guilty to a violation of this18287
section a class seven suspension of the offender's driver's or18288
commercial driver's license or permit or nonresident operating18289
privilege from the range specified in division (A)(7) of section18290
4510.02 of the Revised Code.18291

       When permitted as specified in section 4510.021 of the18292
Revised Code, if the court grants limited driving privileges18293
during a suspension imposed under this section, the privileges18294
shall be granted on the additional condition that the offender18295
must display restricted license plates, issued under section18296
4503.231 of the Revised Code, on the vehicle driven subject to the18297
privileges, except as provided in division (B) of that section.18298

       A suspension of a commercial driver's license under this18299
section shall be concurrent with any period of suspension or18300
disqualification under section 3123.58 or 4506.16 of the Revised18301
Code. No person who is disqualified for life from holding a18302
commercial driver's license under section 4506.16 of the Revised18303
Code shall be issueda driver's license under Chapter 4507. of the18304
Revised Code during the period for which the commercial driver's18305
license was suspended under this section, and no person whose18306
commercial driver's license is suspended under this section shall18307
be issued a driver's license under Chapter 4507. of the Revised18308
Code during the period of the suspension.18309

       (F) As used in this section:18310

       (1) "Electronically monitored house arrest" has the same18311
meaning as in section 2929.23 of the Revised Code.18312

       (2) "Equivalent offense" means any of the following:18313

       (a) A violation of a municipal ordinance, law of another18314
state, or law of the United States that is substantially18315
equivalent to division (A) of this section;18316

       (b) A violation of a former law of this state that was18317
substantially equivalent to division (A) of this section. 18318

       (3) "Jail" has the same meaning as in section 2929.01 of the18319
Revised Code.18320

       (4) "Mandatory jail term" means the mandatory term in jail18321
of three, ten, or thirty consecutive days that must be imposed18322
under division (B)(1), (2), or (3) of this section upon an18323
offender convicted of a violation of division (A) of this section18324
and in relation to which all of the following apply:18325

       (a) Except as specifically authorized under this section,18326
the term must be served in a jail.18327

       (b) Except as specifically authorized under this section,18328
the term cannot be suspended, reduced, or otherwise modified18329
pursuant to section 2929.51, 2951.02, or any other provision of18330
the Revised Code.18331

       Sec. 4507.34.        Sec. 4510.15.  Whenever a person is found guilty of18332
reckless operation of a motor vehicle under the laws of this state18333
or under any ordinance of any political subdivision of this state,18334
of operating a motor vehicle in violation of such laws or18335
ordinances, relating to reckless operation, the trial court of any18336
court of record may, in addition to or independent of all other18337
penalties provided by law, suspend for any period of time or18338
revoke themay impose a class five suspension of the offender's18339
driver's license or commercial driver's license of any person so18340
convicted or pleading guilty to such offenses for any period that18341
it determines, not to exceed one yearor permit or nonresident18342
operating privilege from the range specified in division (A)(5) of18343
section 4510.02 of the Revised Code.18344

       Suspension of a commercial driver's license under this18345
section shall be concurrent with any period of suspension18346
disqualification under section 3123.6113123.58 or 4506.16 of the18347
Revised Code or period of suspension under section 3123.58 of the18348
Revised Code. No person who is disqualified for life from holding18349
a commercial driver's license under section 4506.16 of the Revised18350
Code shall be issued a driver's license under this chapterChapter18351
4507. of the Revised Code during the period for which the18352
commercial driver's license was suspended under this section, and18353
no person whose commercial driver's license is suspended under18354
this section shall be issued a driver's license under this chapter18355
Chapter 4507. of the Revised Code during the period of the18356
suspension.18357

       Sec. 4510.16.  (A) No person, whose driver's or commercial18358
driver's license or temporary instruction permit or nonresident's18359
operating privilege has been suspended or canceled pursuant to18360
Chapter 4509. of the Revised Code, shall operate any motor vehicle18361
within this state, or knowingly permit any motor vehicle owned by18362
the person to be operated by another person in the state, during18363
the period of the suspension or cancellation, except as18364
specifically authorized by Chapter 4509. of the Revised Code. No18365
person shall operate a motor vehicle within this state, or18366
knowingly permit any motor vehicle owned by the person to be18367
operated by another person in the state, during the period in18368
which the person is required by section 4509.45 of the Revised18369
Code to file and maintain proof of financial responsibility for a18370
violation of section 4509.101 of the Revised Code, unless proof of18371
financial responsibility is maintained with respect to that18372
vehicle.18373

       (B)(1) Whoever violates this section is guilty of driving18374
under financial responsibility law suspension or cancellation, a18375
misdemeanor of the first degree. The court shall impose a class18376
seven suspension of the offender's driver's or commercial driver's18377
license or permit or nonresident operating privilege for the18378
period of time specified in division (A)(7) of section 4510.02 of18379
the Revised Code.18380

       (2) If the vehicle is registered in the offender's name, the18381
court, in addition to or independent of any other sentence that it18382
imposes upon the offender, shall do one of the following:18383

       (a) Except as otherwise provided in division (B)(2)(b) or (c)18384
of this section, order the immobilization for thirty days of the18385
vehicle involved in the offense and the impoundment for thirty18386
days of the license plates of that vehicle;18387

       (b) If the offender previously has been convicted of or18388
pleaded guilty to one violation of this section or a substantially18389
similar municipal ordinance, order the immobilization for sixty18390
days of the vehicle involved in the offense and impoundment for18391
sixty days of the license plates of that vehicle;18392

       (c) If the offender previously has been convicted of or18393
pleaded guilty to two or more violations of this section or a18394
substantially similar municipal ordinance, order the criminal18395
forfeiture to the state of the vehicle involved in the offense. If18396
title to a motor vehicle that is subject to an order for criminal18397
forfeiture under this division is assigned or transferred and18398
division (B)(2) or (3) of section 4503.234 of the Revised Code18399
applies, in addition to or independent of any other penalty18400
established by law, the court may fine the offender the value of18401
the vehicle as determined by publications of the national auto18402
dealers association. The proceeds from any fine so imposed shall18403
be distributed in accordance with division (C)(2) of that section.18404

       (C) Any order for immobilization and impoundment under this18405
section shall be issued and enforced in accordance with sections18406
4503.233 and 4507.02 of the Revised Code, as applicable. Any18407
order of criminal forfeiture shall be issued and enforced in18408
accordance with section 4503.234 of the Revised Code. The court18409
shall not release a vehicle from immobilization orders under this18410
section unless the court is presented with current proof of18411
financial responsibility with respect to that vehicle.18412

       Sec. 4507.361.        Sec. 4510.161.  (A) The requirements and sanctions18413
imposed by divisions (B) and (C) of this section are an adjunct to18414
and derive from the state's exclusive authority over the18415
registration and titling of motor vehicles and do not comprise a18416
part of the criminal sentence to be imposed upon a person who18417
violates a municipal ordinance that is substantially equivalent to18418
section 4510.14 or to division (B)(1) or (D)(2)(A) of section18419
4507.024510.16 of the Revised Code.18420

       (B) If a person is convicted of or pleads guilty to a18421
municipal ordinance that is substantially equivalent to division18422
(B)(1)(A) of section 4507.024510.16 of the Revised Code, the18423
court, in addition to and independent of any sentence that it18424
imposes upon the offender for the offense, regardless of whether18425
if the vehicle the offender was operating at the time of the18426
offense is registered in histhe offender's name or in the name of18427
another person, and subject to section 4503.235 of the Revised18428
Code, shall do whichever of the following is applicable:18429

       (1) If, within five years of the current offense, the18430
offender has not been convicted of or pleaded guilty to a18431
violation of division (A) of section 4510.16 or former division18432
(B)(1) of section 4507.02 of the Revised Code or a municipal18433
ordinance that is substantially equivalent to thateither18434
division, the court shall order the immobilization for thirty days18435
of the vehicle the offender was operating at the time of the18436
offense and the impoundment for thirty days of the identification18437
license plates of that vehicle.18438

       (2) If, within five years of the current offense, the18439
offender has been convicted of or pleaded guilty to one violation18440
of division (A) of section 4510.16 or former division (B)(1) of18441
section 4507.02 of the Revised Code or a municipal ordinance that18442
is substantially equivalent to thateither division, the court18443
shall order the immobilization for sixty days of the vehicle the18444
offender was operating at the time of the offense and the18445
impoundment for sixty days of the identification license plates of18446
that vehicle.18447

       (3) If, within five years of the current offense, the18448
offender has been convicted of or pleaded guilty to two or more18449
violations of division (A) of section 4510.16 or former division18450
(B)(1) of section 4507.02 of the Revised Code or a municipal18451
ordinance that is substantially equivalent to thateither18452
division, the court shall order the criminal forfeiture to the18453
state of the vehicle the offender was operating at the time of the18454
offense. The order of criminal forfeiture shall be issued and18455
enforced in accordance with section 4503.234 of the Revised Code.18456

       (C) If a person is convicted of or pleads guilty to a18457
municipal ordinance that is substantially equivalent to division18458
(D)(2) of section 4507.024510.14 of the Revised Code, the court,18459
in addition to and independent of any sentence that it imposes18460
upon the offender for the offense, regardless of whetherif the18461
vehicle the offender was operating at the time of the offense is18462
registered in histhe offender's name or in the name of another18463
person, and subject to section 4503.235 of the Revised Code, shall18464
do whichever of the following is applicable:18465

       (1) If, within five years of the current offense, the18466
offender has not been convicted of or pleaded guilty to a18467
violation of section 4510.14 or former division (D)(2) of section18468
4507.02 of the Revised Code or a municipal ordinance that is18469
substantially equivalent to that section or former division, the18470
court shall order the immobilization for thirty days of the18471
vehicle the offender was operating at the time of the offense and18472
the impoundment for thirty days of the identification license18473
plates of that vehicle.18474

       (2) If, within five years of the current offense, the18475
offender has been convicted of or pleaded guilty to one violation18476
of section 4510.14 or former division (D)(2) of section 4507.02 of18477
the Revised Code or a municipal ordinance that is substantially18478
equivalent to that section or former division, the court shall18479
order the immobilization for sixty days of the vehicle the18480
offender was operating at the time of the offense and the18481
impoundment for sixty days of the identification license plates of18482
that vehicle.18483

       (3) If, within five years of the current offense, the18484
offender has been convicted of or pleaded guilty to two or more18485
violations of section 4510.14 or former division (D)(2) of section18486
4507.02 of the Revised Code or a municipal ordinance that is18487
substantially equivalent to that section or former division, the18488
court shall order the criminal forfeiture to the state of the18489
vehicle the offender was operating at the time of the offense.18490

       (D) An order of criminal forfeiture issued pursuant to this18491
section shall be issued and enforced in accordance with section18492
4503.234 of the Revised Code. An order for the immobilization and18493
impoundment of a vehicle that issued pursuant to this section18494
shall be issued and enforced in accordance with section 4503.23318495
of the Revised Code.18496

       Sec. 4507.169.        Sec. 4510.17.  (A) The registrar of motor vehicles18497
shall suspend for the period of time specified in this division18498
the driver's or commercial driver's license or permit of, or deny18499
for such period of time the issuance of a driver's or commercial18500
driver's license or permit to,impose a class D suspension of the18501
person's driver's license, commercial driver's license, temporary18502
instruction permit, probationary license, or nonresident operating18503
privilege for the period of time specified in division (B)(4) of18504
section 4510.02 of the Revised Code on any person who is a18505
resident of this state and is convicted of or pleads guilty to a18506
violation of a statute of any other state or any federal statute18507
that is substantially similar to section 2925.02, 2925.03,18508
2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,18509
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.3718510
of the Revised Code. Upon receipt of a report from a court, court18511
clerk, or other official of any other state or from any federal18512
authority that a resident of this state was convicted of or18513
pleaded guilty to an offense described in this division, the18514
registrar shall send a notice by regular first class mail to the18515
person, at the person's last known address as shown in the records18516
of the bureau of motor vehicles, informing the person of the18517
suspension or denial, that the suspension or denial will take18518
effect twenty-one days from the date of the notice, and that, if18519
the person wishes to appeal the suspension or denial, the person18520
must file a notice of appeal within twenty-one days of the date of18521
the notice requesting a hearing on the matter. If the person18522
requests a hearing, the registrar shall hold the hearing not more18523
than forty days after receipt by the registrar of the notice of18524
appeal. The filing of a notice of appeal does not stay the18525
operation of the suspension or denial that must be imposed18526
pursuant to this division. The scope of the hearing shall be18527
limited to whether the person actually was convicted of or pleaded18528
guilty to the offense for which the suspension or denial is to be18529
imposed.18530

       The period of suspension or denial the registrar is required18531
to impose under this division shall end either on the last day of18532
any period ofthe class D suspension period or of the suspension18533
of the person's nonresident operating privilege imposed by the18534
state or federal court located in the other state, or the date six18535
months and twenty-one days from the date of the notice sent by the18536
registrar to the person under this division, whichever is earlier.18537

       The registrar shall subscribe to or otherwise participate in18538
any information system or register, or enter into reciprocal and18539
mutual agreements with other states and federal authorities, in18540
order to facilitate the exchange of information with other states18541
and the United States government regarding persons who plead18542
guilty to or are convicted of offenses described in this division18543
and therefore are subject to the suspension or denial described in18544
this division.18545

       (B) The registrar shall suspend for the period of time18546
specified in this division the driver's or commercial driver's18547
license or permit of, or deny for such period of time the issuance18548
of a driver's or commercial driver's license or permit to,impose18549
a class D suspension of the person's driver's license, commercial18550
driver's license, temporary instruction permit, probationary18551
license, or nonresident operating privilege for the period of time18552
specified in division (B)(4) of section 4510.02 of the Revised18553
Code on any person who is a resident of this state and is18554
convicted of or pleads guilty to a violation of a statute of any18555
other state or a municipal ordinance of a municipal corporation18556
located in any other state that is substantially similar to18557
section 4511.19 of the Revised Code. Upon receipt of a report18558
from another state made pursuant to section 4507.604510.61 of the18559
Revised Code indicating that a resident of this state was18560
convicted of or pleaded guilty to an offense described in this18561
division, the registrar shall send a notice by regular first class18562
mail to the person, at the person's last known address as shown in18563
the records of the bureau of motor vehicles, informing the person18564
of the suspension or denial, that the suspension or denial will18565
take effect twenty-one days from the date of the notice, and that,18566
if the person wishes to appeal the suspension or denial, the18567
person must file a notice of appeal within twenty-one days of the18568
date of the notice requesting a hearing on the matter. If the18569
person requests a hearing, the registrar shall hold the hearing18570
not more than forty days after receipt by the registrar of the18571
notice of appeal. The filing of a notice of appeal does not stay18572
the operation of the suspension or denial that must be imposed18573
pursuant to this division. The scope of the hearing shall be18574
limited to whether the person actually was convicted of or pleaded18575
guilty to the offense for which the suspension or denial is to be18576
imposed.18577

       The period of suspension or denial the registrar is required18578
to impose under this division shall end either on the last day of18579
any period ofthe class D suspension period or of the suspension18580
of the person's nonresident operating privilege imposed by the18581
state or federal court located in the other state, or the date six18582
months and twenty-one days from the date of the notice sent by the18583
registrar to the person under this division, whichever is earlier.18584

       (C) The registrar shall suspend for the period of time18585
specified in this division the driver's or commercial driver's18586
license or permit of, or deny for such period of time the issuance18587
of a driver's or commercial driver's license or permit to,impose18588
a class D suspension of the child's driver's license, commercial18589
driver's license, temporary instruction permit, or nonresident18590
operating privilege for the period of time specified in division18591
(B)(4) of section 4510.02 of the Revised Code on any child who is18592
a resident of this state and is convicted of or pleads guilty to a18593
violation of a statute of any other state or any federal statute18594
that is substantially similar to section 2925.02, 2925.03,18595
2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,18596
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.3718597
of the Revised Code. Upon receipt of a report from a court, court18598
clerk, or other official of any other state or from any federal18599
authority that a child who is a resident of this state was18600
convicted of or pleaded guilty to an offense described in this18601
division, the registrar shall send a notice by regular first class18602
mail to the child, at the child's last known address as shown in18603
the records of the bureau of motor vehicles, informing the child18604
of the suspension or denial, that the suspension or denial will18605
take effect twenty-one days from the date of the notice, and that,18606
if the child wishes to appeal the suspension or denial, the child18607
must file a notice of appeal within twenty-one days of the date of18608
the notice requesting a hearing on the matter. If the child18609
requests a hearing, the registrar shall hold the hearing not more18610
than forty days after receipt by the registrar of the notice of18611
appeal. The filing of a notice of appeal does not stay the18612
operation of the suspension or denial that must be imposed18613
pursuant to this division. The scope of the hearing shall be18614
limited to whether the child actually was convicted of or pleaded18615
guilty to the offense for which the suspension or denial is to be18616
imposed.18617

       The period of suspension the registrar is required to impose18618
under this division shall end either on the last day of any period18619
ofthe class D suspension period or of the suspension of the18620
child's nonresident operating privilege imposed by the state or18621
federal court located in the other state, or the date six months18622
and twenty-one days from the date of the notice sent by the18623
registrar to the child under this division, whichever is earlier.18624
If the child is a resident of this state who is sixteen years of18625
age or older and does not have a current, valid Ohio driver's or18626
commercial driver's license or permit, the notice shall inform the18627
child that the child will be denied issuance of a driver's or18628
commercial driver's license or permit for six months beginning on18629
the date of the notice. If the child has not attained the age of18630
sixteen years on the date of the notice, the notice shall inform18631
the child that the period of denial of six months shall commence18632
on the date the child attains the age of sixteen years.18633

       The registrar shall subscribe to or otherwise participate in18634
any information system or register, or enter into reciprocal and18635
mutual agreements with other states and federal authorities, in18636
order to facilitate the exchange of information with other states18637
and the United States government regarding children who are18638
residents of this state and plead guilty to or are convicted of18639
offenses described in this division and therefore are subject to18640
the suspension or denial described in this division.18641

       (D) The registrar shall suspend for the period of time18642
specified in this division the driver's or commercial driver's18643
license or permit of, or deny for such period of time the issuance18644
of a driver's or commercial driver's license or permit to,impose18645
a class D suspension of the child's driver's license, commercial18646
driver's license, temporary instruction permit, probationary18647
license, or nonresident operating privilege for the period of time18648
specified in division (B)(4) of section 4510.02 of the Revised18649
Code on any child who is a resident of this state and is convicted18650
of or pleads guilty to a violation of a statute of any other state18651
or a municipal ordinance of a municipal corporation located in any18652
other state that is substantially similar to section 4511.19 of18653
the Revised Code. Upon receipt of a report from another state18654
made pursuant to section 4507.604510.61 of the Revised Code18655
indicating that a child who is a resident of this state was18656
convicted of or pleaded guilty to an offense described in this18657
division, the registrar shall send a notice by regular first class18658
mail to the child, at the child's last known address as shown in18659
the records of the bureau of motor vehicles, informing the child18660
of the suspension or denial, that the suspension or denial will18661
take effect twenty-one days from the date of the notice, and that,18662
if the child wishes to appeal the suspension or denial, the child18663
must file a notice of appeal within twenty-one days of the date of18664
the notice requesting a hearing on the matter. If the child18665
requests a hearing, the registrar shall hold the hearing not more18666
than forty days after receipt by the registrar of the notice of18667
appeal. The filing of a notice of appeal does not stay the18668
operation of the suspension or denial that must be imposed18669
pursuant to this division. The scope of the hearing shall be18670
limited to whether the child actually was convicted of or pleaded18671
guilty to the offense for which the suspension or denial is to be18672
imposed.18673

       The period of suspension the registrar is required to impose18674
under this division shall end either on the last day of any period18675
ofthe class D suspension period or of the suspension of the18676
child's nonresident operating privilege imposed by the state or18677
federal court located in the other state, or the date six months18678
and twenty-one days from the date of the notice sent by the18679
registrar to the child under this division, whichever is earlier.18680
If the child is a resident of this state who is sixteen years of18681
age or older and does not have a current, valid Ohio driver's or18682
commercial driver's license or permit, the notice shall inform the18683
child that the child will be denied issuance of a driver's or18684
commercial driver's license or permit for six months beginning on18685
the date of the notice. If the child has not attained the age of18686
sixteen years on the date of the notice, the notice shall inform18687
the child that the period of denial of six months shall commence18688
on the date the child attains the age of sixteen years.18689

       (E) Any person whose license or permit has been suspended18690
pursuant to division (B) or (D) of this section may file a18691
petition in the municipal or county court, or in case the person18692
is under eighteen years of age, the juvenile court, in whose18693
jurisdiction the person resides, agreeing to pay the cost of the18694
proceedings and alleging that the suspension would seriously18695
affect the person's ability to continue the person's employment.18696
Upon satisfactory proof that there is reasonable cause to believe18697
that the suspension would seriously affect the person's ability to18698
continue the person's employment, the judge may grant the person18699
occupationallimited driving privileges during the period during18700
which the suspension otherwise would be imposed, except that the18701
judge shall not grant occupationallimited driving privileges for18702
employment as a driver of a commercial motor vehicle to any person18703
who would be disqualified from operating a commercial motor18704
vehicle under section 4506.16 of the Revised Code if the violation18705
had occurred in this state, or during any of the following periods18706
of time:18707

       (1) The first fifteen days of the suspension, if the person18708
has not been convicted within fivesix years of the date of the18709
offense giving rise to the suspension under this section of a18710
violation of any of the following:18711

       (a) Section 4511.19 of the Revised Code, of a municipal18712
ordinance relating to operating a vehicle while under the18713
influence of alcohol, a drug of abuse, or alcohol and a drug of18714
abuse;18715

       (b) A municipal ordinance relating to operating a motor18716
vehicle with a prohibited concentration of alcohol in the blood,18717
breath, or urine;18718

       (c) Section 2903.04 of the Revised Code in a case in which18719
the person was subject to the sanctions described in division (D)18720
of that section;18721

       (d) Division (A)(1) of section 2903.06 or division (A)(1) of18722
section 2903.08 of the Revised Code or a municipal ordinance that18723
is substantially similar to either of those divisions;18724

       (e) Division (A)(2), (3), or (4) of section 2903.06,18725
division (A)(2) of section 2903.08, or formeras it existed prior18726
to March 23, 2000 section 2903.07 of the Revised Code, or a18727
municipal ordinance that is substantially similar to any of those18728
divisions or that former section, in a case in which the jury or18729
judge found that the person was under the influence of alcohol, a18730
drug of abuse, or alcohol and a drug of abuse.18731

       (2) The first thirty days of the suspension, if the person18732
has been convicted one time within fivesix years of the date of18733
the offense giving rise to the suspension under this section of18734
any violation identified in division (E)(1) of this section.18735

       (3) The first one hundred eighty days of the suspension, if18736
the person has been convicted two times within fivesix years of18737
the date of the offense giving rise to the suspension under this18738
section of any violation identified in division (E)(1) of this18739
section.18740

       (4) No occupationallimited driving privileges may be18741
granted if the person has been convicted three or more times18742
within five years of the date of the offense giving rise to the18743
suspension under this section of any violation identified in18744
division (E)(1) of this section.18745

       If a person petitions for occupationallimited driving18746
privileges under division (E) of this section, the registrar shall18747
be represented by the county prosecutor of the county in which the18748
person resides if the petition is filed in a juvenile court or18749
county court, except that if the person resides within a city or18750
village that is located within the jurisdiction of the county in18751
which the petition is filed, the city director of law or village18752
solicitor of that city or village shall represent the registrar.18753
If the petition is filed in a municipal court, the registrar shall18754
be represented as provided in section 1901.34 of the Revised Code.18755

       In granting occupationallimited driving privileges under18756
division (E) of this section, the court may impose any condition18757
it considers reasonable and necessary to limit the use of a18758
vehicle by the person. The court shall deliver to the person a18759
permit card, in a form to be prescribed by the court, setting18760
forth the time, place, and other conditions limiting the person's18761
use of a motor vehicle. The grant of occupationallimited driving18762
privileges shall be conditioned upon the person's having the18763
permit in the person's possession at all times during which the18764
person is operating a vehicle.18765

       A person granted occupationallimited driving privileges who18766
operates a vehicle for other than occupationallimited purposes,18767
in violation of any condition imposed by the court or without18768
having the permit in the person's possession, is guilty of a18769
violation of division (D)(1) of section 4507.024510.11 of the18770
Revised Code.18771

       (F) As used in divisions (C) and (D) of this section:18772

       (1) "Child" means a person who is under the age of eighteen18773
years, except that any person who violates a statute or ordinance18774
described in division (C) or (D) of this section prior to18775
attaining eighteen years of age shall be deemed a "child"18776
irrespective of the person's age at the time the complaint or18777
other equivalent document is filed in the other state or a18778
hearing, trial, or other proceeding is held in the other state on18779
the complaint or other equivalent document, and irrespective of18780
the person's age when the period of license suspension or denial18781
prescribed in division (C) or (D) of this section is imposed.18782

       (2) "Is convicted of or pleads guilty to" means, as it18783
relates to a child who is a resident of this state, that in a18784
proceeding conducted in a state or federal court located in18785
another state for a violation of a statute or ordinance described18786
in division (C) or (D) of this section, the result of the18787
proceeding is any of the following:18788

       (a) Under the laws that govern the proceedings of the court,18789
the child is adjudicated to be or admits to being a delinquent18790
child or a juvenile traffic offender for a violation described in18791
division (C) or (D) of this section that would be a crime if18792
committed by an adult;18793

       (b) Under the laws that govern the proceedings of the court,18794
the child is convicted of or pleads guilty to a violation18795
described in division (C) or (D) of this section;18796

       (c) Under the laws that govern the proceedings of the court,18797
irrespective of the terminology utilized in those laws, the result18798
of the court's proceedings is the functional equivalent of18799
division (F)(2)(a) or (b) of this section.18800

       Sec. 4510.21.  (A) No person whose driver's license,18801
commercial driver's license, temporary instruction permit, or18802
nonresident's operating privilege has been suspended shall operate18803
any motor vehicle upon a public road or highway or any public or18804
private property after the suspension has expired unless the18805
person has complied with all license reinstatement requirements18806
imposed by the court, the bureau of motor vehicles, or another18807
provision of the Revised Code.18808

       (B) Whoever violates this section is guilty of failure to18809
reinstate a license, a misdemeanor of the first degree. The court18810
may impose upon the offender a class seven suspension of the18811
offender's driver's license, commercial driver's license,18812
temporary instruction permit, probationary driver's license, or18813
nonresident operating privilege from the range specified in18814
division (A)(7) of section 4510.02 of the Revised Code.18815

       Sec. 4507.168.        Sec. 4510.22.  (A) If a person who has a current18816
valid Ohio driver's or, commercial driver's license,or temporary18817
instruction permit is charged with a violation of any provision in18818
sections 4511.01 to 4511.76, section 4511.84, any provision in18819
sections 4513.01 to 4513.65, or any provision in sections 4549.0118820
to 4549.65 of the Revised Code that is classified as a misdemeanor18821
of the first, second, third, or fourth degree or with a violation18822
of any substantially equivalent municipal ordinance that is18823
substantially comparable to any provision of any of these sections18824
and if the person either fails to appear in court at the required18825
time and place to answer the charge or pleads guilty to or is18826
found guilty of the violation and fails within the time allowed by18827
the court to pay the fine imposed by the court, the court shall18828
declare the forfeituresuspension of the person's license. Thirty18829
days after the declaration of forfeiture, the court shall inform18830
the registrar of motor vehicles of the forfeituredeclaration by18831
entering information relative to the forfeituredeclaration on a18832
form approved and furnished by the registrar and sending the form18833
to the registrar. The court also shall forward the person's18834
license, if it is in the possession of the court, to the18835
registrar. The18836

       The registrar shall suspendimpose a class F suspension of18837
the person's driver's or commercial driver's license, or temporary18838
instruction permit for the period of time specified in division18839
(B)(6) of section 4510.02 of the Revised Code on any person who is18840
named in a declaration received by the registrar under this18841
section. The registrar shall send written notification of the18842
suspension to the person of the suspension at the person's last18843
known address, and, if the person is in possession of the license,18844
order the person to surrender the person's driver's or commercial18845
driver's license or permit to the registrar within forty-eight18846
hours. No18847

       No valid driver's or commercial driver's license shall be18848
granted to the person after the suspension, unless the court18849
having jurisdiction of the offense that led to the suspension18850
orders that the forfeituresuspension be terminated. The court18851
shall so order the termination of the suspension if the person,18852
after having failed to appear in court at the required time and18853
place to answer the charge or after having pleaded guilty to or18854
been found guilty of the violation and having failed within the18855
time allowed by the court to pay the fine imposed by the court,18856
thereafter appears to answer the charge and pays any fine imposed18857
by the court or pays the fine originally imposed by the court. The18858
court shall inform the registrar of the termination of the18859
forfeituresuspension by entering information relative to the18860
termination on a form approved and furnished by the registrar and18861
sending the form to the registrar. The court also shall charge18862
and collect from the person shall pay to the bureau of motor18863
vehicles a fifteen-dollar processing fee to cover the costs of the18864
bureau of motor vehicles in administering this section. The clerk18865
of the court shall transmit monthly all such processing fees to18866
the registrar forshall deposit the fee into the state bureau of18867
motor vehicles fund created by section 4501.25 of the Revised18868
Code.18869

       (B) In addition to suspending the driver's or commercial18870
driver's license or permit of the person named in a declaration of18871
forfeituresuspension, the registrar, upon receipt from the court18872
of the copy of the declaration of forfeituresuspension, shall18873
take any measures that may be necessary to ensure that neither the18874
registrar nor any deputy registrar accepts any application for the18875
registration or transfer of registration of any motor vehicle18876
owned or leased by the person named in the declaration of18877
forfeiture. However, for a motor vehicle leased by a person named18878
in a declaration of forfeiture, the registrar shall not implement18879
the preceding sentence until the registrar adopts procedures for18880
that implementation under section 4503.39 of the Revised Code. The18881
period of denial of registration or transfer shall continue until18882
such time as the court having jurisdiction of the offense that led18883
to the suspension of the person's driver's or commercial driver's18884
license orders the forfeituresuspension to be terminated. Upon18885
receipt by the registrar of an order terminating the forfeiture18886
suspension, the registrar also shall take any measures that may be18887
necessary to permit the person to register a motor vehicle owned18888
or leased by the person or to transfer the registration of such a18889
motor vehicle, if the person later makes application to take such18890
action and otherwise is eligible to register the motor vehicle or18891
to transfer its registration.18892

       The registrar shall not be required to give effect to any18893
declaration of forfeituresuspension or order terminating a18894
forfeituresuspension provided by a court under this section18895
unless the information contained in the declaration or order is18896
transmitted to the registrar by means of an electronic transfer18897
system.18898

       (C) The period of license suspension imposed pursuant to18899
division (A) of this section is independent of any other period of18900
license suspension that the court having jurisdiction over the18901
offense may impose, and the period of license suspension imposed18902
pursuant to that division and the period of denial relating to the18903
issuance or transfer of a certificate of registration for a motor18904
vehicle imposed pursuant to this division (B) of this section18905
remains in effect until the person pays any fine imposed by the18906
court relative to the offense.18907

       Sec. 4507.161.        Sec. 4510.23.  When any person having a driver's or18908
commercial driver's license is adjudicated incompetent for the18909
purpose of holding the license, as provided in section 5122.301 of18910
the Revised Code, the probate judge shall order the license of18911
suchthe person delivered to the court. The court shall forward18912
suchthe license with notice of suchthe adjudication to the18913
registrar of motor vehicles. The registrar of motor vehicles18914
shall suspend such licenseimpose a class F suspension of the18915
person's driver's or commercial driver's license for the period of18916
time specified in division (B)(6) of section 4510.02 of the18917
Revised Code. The suspension shall remain in effect until receipt18918
of written notice by the head of the hospital, or other agency18919
which has or had custody of such person, that such person's mental18920
illness is not an impairment to such person's ability to operate a18921
motor vehicle, or upon receipt of notice from the adjudicating18922
court that such person has been restored to competency by court18923
decree.18924

       Sec. 4507.162.        Sec. 4510.31.  (A)(1) Except as provided in18925
division (C) of this section, the registrar of motor vehicles18926
shall suspend the probationary driver's license, restricted18927
license, or temporary instruction permit issued to any person when18928
the person has been convicted of, pleaded guilty to, or been18929
adjudicated in juvenile court of having committed, prior to the18930
person's eighteenth birthday, any of the following:18931

       (1)(a) Three separate violations of section 2903.06,18932
2903.08, 2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192,18933
4511.20, 4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to18934
4511.48, 4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or18935
4549.03 of the Revised Code, section 4510.14 of the Revised Code18936
involving a suspension imposed under section 4511.191 or 4511.19618937
of the Revised Code, section 2903.04 of the Revised Code in a case18938
in which the person would have been subject to the sanctions18939
described in division (D) of that section had the person been18940
convicted of the violation of that section, former section 2903.0718941
of the Revised Code, or any municipal ordinances similarly18942
relating to the offenses referred to in those sections;18943

       (2)(b) One violation of section 4511.19 of the Revised Code18944
or a substantially similar municipal ordinance;18945

       (3)(c) Two separate violations of any of the Revised Code18946
sections referred to in division (A)(1)(a) of this section, or any18947
municipal ordinance that is substantially similar to any of those18948
sections.18949

       (2) Any person whose license or permit is suspended under18950
division (A)(1)(a), (2)(b), or (3)(c) of this section shall mail18951
or deliver the person's probationary driver's license, restricted18952
license, or temporary instruction permit to the registrar within18953
fourteen days of notification of the suspension. The registrar18954
shall retain the license or permit during the period of the18955
suspension. A suspension pursuant to division (A)(1)(a) of this18956
section shall remain in effect until one year has elapsed since18957
the date of suspension of the probationary driver's license,18958
restricted license, or temporary instruction permitbe a class C18959
suspension, a suspension pursuant to division (A)(2)(1)(b) of this18960
section shall remain in effect until six months have elapsed since18961
the date of the suspensionbe a class D suspension, and a18962
suspension pursuant to division (A)(3)(1)(c) of this section shall18963
remain in effect until ninety days have elapsed since the date of18964
the suspensionbe a class E suspension, all for the periods of18965
time specified in division (B) of section 4510.02 of the Revised18966
Code. If the person's probationary driver's license, restricted18967
license, or temporary instruction permit is under suspension on18968
the date the court imposes sentence upon the person for a18969
violation described in division (A)(2)(1)(b) of this section, the18970
suspension shall take effect on the next day immediately following18971
the end of that period of suspension. If the person is sixteen18972
years of age or older and pleads guilty to or is convicted of a18973
violation described in division (A)(2)(1)(b) of this section and18974
the person does not have a current, valid probationary driver's18975
license, restricted license, or temporary instruction permit, the18976
registrar shall deny the issuance to the person of a probationary18977
driver's license, restricted license, driver's license, commercial18978
driver's license, or temporary instruction permit, as the case may18979
be, for six months beginning on the date the court imposes18980
sentence upon the person for the violation. If the person has not18981
attained the age of sixteen years on the date the court imposes18982
sentence upon the person for the violation, the period of denial18983
shall commence on the date the person attains the age of sixteen18984
years.18985

       (B) The registrar also shall suspendimpose a class D18986
suspension for the period of time specified in division (B)(4) of18987
section 4510.02 of the Revised Code of the temporary instruction18988
permit or probationary driver's license of any person under the18989
age of eighteen who has been adjudicated an unruly child,18990
delinquent child, or a juvenile traffic offender for having18991
committed any act that if committed by an adult would be a drug18992
abuse offense as defined in section 2925.01 of the Revised Code,18993
or a violation of division (B) of section 2917.11 of the Revised18994
Code until the person reaches the age of eighteen years or18995
attends.The registrar, in the registrar's discretion, may18996
terminate the suspension if the child, at the discretion of the18997
court, attends and satisfactorily completes a drug abuse or18998
alcohol abuse education, intervention, or treatment program18999
specified by the court. Any person whose temporary instruction19000
permit or probationary driver's license is suspended under this19001
division shall mail or deliver the person's permit or license to19002
the registrar within fourteen days of notification of the19003
suspension. The registrar shall retain the permit or license19004
during the period of the suspension.19005

       (C)(1) A person is not entitled to request, and a court shall19006
not grant to the person, occupational driving privileges under19007
division (C) of this section if a person is convicted of, pleads19008
guilty to, or is adjudicated in juvenile court of having committed19009
a third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to19010
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or19011
4511.75 of the Revised Code or any similar municipal ordinances,19012
and the person, within the preceding seven years, has been19013
convicted of, pleaded guilty to, or adjudicated in juvenile court19014
of having committed three or more violations of one or more of the19015
following:19016

       (a) Division (A) or (B) of section 4511.19 of the Revised19017
Code;19018

       (b) A municipal ordinance relating to operating a vehicle19019
while under the influence of alcohol, a drug of abuse, or alcohol19020
and a drug of abuse;19021

       (c) A municipal ordinance relating to operating a vehicle19022
with a prohibited concentration of alcohol in the blood, breath,19023
or urine;19024

       (d) Section 2903.04 of the Revised Code in a case in which19025
the person was subject to the sanctions described in division (D)19026
of that section;19027

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of19028
section 2903.08 of the Revised Code or a municipal ordinance that19029
is substantially similar to either of those divisions;19030

       (f) Division (A)(2), (3), or (4) of section 2903.06,19031
division (A)(2) of section 2903.08, or former section 2903.07 of19032
the Revised Code, or a municipal ordinance that is substantially19033
similar to any of those divisions or that former section, in a19034
case in which the jury or judge found that the person was under19035
the influence of alcohol, a drug of abuse, or alcohol and a drug19036
of abuse.19037

       (2) ForExcept as provided in division (C)(3) of this19038
section, for any other person who is not described in division19039
(C)(1) of this section and who is convicted of, pleads guilty to,19040
or is adjudicated in juvenile court of having committed a second19041
or third violation of section 4511.12, 4511.13, 4511.15, 4511.2019042
to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or19043
4511.75 of the Revised Code or any similar municipal ordinances19044
and whose license or permit is suspended under division (A)(1)(a)19045
or (c) of this section, the court in which the second or third19046
conviction, finding, plea, or adjudication resulting in the19047
suspension was made, upon petition of the person, may grant the19048
person occupationallimited driving privileges during the period19049
during which the suspension otherwise would be imposed under19050
division (A)(1)(a) or (c) of this section if the court finds that19051
the person will reach the person's eighteenth birthday before the19052
period of suspension required to be imposed under division (A)(1)19053
of this section expires and further finds reasonable cause to19054
believe that the suspension, if continued beyond the person's19055
eighteenth birthday, will seriously affect the person's ability to19056
continue in employment,educational training, vocational training,19057
or treatment. The occupational driving privileges granted under19058
this division shall be effective on the person's eighteenth19059
birthday and during the period following such birthday for which19060
the suspension otherwise would be imposed. In granting19061
occupationalthe limited driving privileges, the court shall19062
specify the purposes, times, and places at which the person may19063
driveof the privileges and may impose any other conditions upon19064
the person's use ofdriving a motor vehicle that the court19065
considers reasonable and necessary.19066

       A court that grants occupationallimited driving privileges19067
to a person under this division shall retain the person's19068
probationary driver's license, restricted license, or temporary19069
instruction permit during the period the license or permit is19070
suspended and also during the period for which occupational19071
limited driving privileges are granted, and shall deliver to the19072
person a permit card, in a form to be prescribed by the court,19073
setting forth the date on which the occupationallimited driving19074
privileges will become effective, the purposes for which the19075
person may drive, the times and places at which the person may19076
drive, and any other conditions imposed upon the person's use of a19077
motor vehicle.19078

       The court immediately shall notify the registrar, in writing,19079
of a grant of occupationallimited driving privileges under this19080
division. The notification shall specify the date on which the19081
occupationallimited driving privileges will become effective, the19082
purposes for which the person may drive, the times and places at19083
which the person may drive, and any other conditions imposed upon19084
the person's use of a motor vehicle. The registrar shall not19085
suspend the probationary driver's license, restricted license, or19086
temporary instruction permit of any person pursuant to division19087
(A) of this section during any period for which the person has19088
been granted occupationallimited driving privileges as provided19089
in this division, if the registrar has received the notification19090
described in this division from the court.19091

       (2)Except as provided in division (C)(3) of this section, in19092
any case in which the temporary instruction permit or probationary19093
driver's license of a person under eighteen years of age has been19094
suspended under division (A) or (B) of this section or any other19095
provision of law, the court may grant the person limited driving19096
privileges for the purpose of the person's practicing of driving19097
with the person's parent, guardian, or other custodian during the19098
period of the suspension. Any grant of limited driving privileges19099
under this division shall comply with division (D) of section19100
4510.021 of the Revised Code.19101

       (3) A court shall not grant limited driving privileges to a19102
person identified in division (C)(1) or (2) of this section if the19103
person, within the preceding six years, has been convicted of,19104
pleaded guilty to, or adjudicated in juvenile court of having19105
committed three or more violations of one or more of the divisions19106
or sections set forth in divisions (G)(2)(b) to (g) of section19107
2919.22 of the Revised Code.19108

       (D) If a person who has been granted occupationallimited19109
driving privileges under division (C) of this section is convicted19110
of, pleads guilty to, or is adjudicated in juvenile court of19111
having committed, a violation of section 4507.02Chapter4510. of19112
the Revised Code, or a fourth or subsequent violation of any of19113
the other sections of the Revised Code listed in division19114
(A)(1)(a) of this section or any similar municipal ordinance19115
during the period for which the person was granted occupational19116
limited driving privileges, the court that granted the19117
occupationallimited driving privileges shall revoke them and19118
cancelsuspend the person's permit card. The court or the clerk19119
of the court immediately shall forward the person's probationary19120
driver's license, restricted license, or temporary instruction19121
permit together with written notification of the court's action to19122
the registrar. Upon receipt of the license or permit and19123
notification, the registrar shall suspendimpose a class C19124
suspension of the person's probationary driver's license,19125
restricted license, or temporary instruction permit for athe19126
period of one yeartime specified in division (B)(3) of section19127
4510.02 of the Revised Code. The registrar shall retain the19128
license or permit during the period of suspension, and no further19129
occupationallimited driving privileges shall be granted during19130
that period.19131

       (E) No application for a driver's or commercial driver's19132
license shall be received from any person whose probationary19133
driver's license, restricted license, or temporary instruction19134
permit has been suspended under this section until each of the19135
following has occurred:19136

       (1) The suspension period has expired;19137

       (2) A temporary instruction permit or commercial driver's19138
license temporary instruction permit has been issued;19139

       (3) The person successfully completes a juvenile driver19140
improvement program approved by the registrar under division (F)19141
of this section 4510.311of the Revised Code;19142

       (4) The applicant has submitted to the examination for a19143
driver's license as provided for in section 4507.11 or a19144
commercial driver's license as provided in Chapter 4506. of the19145
Revised Code.19146

       (F) The registrar shall establish standards for juvenile19147
driver improvement programs and shall approve any such programs19148
that meet the established standards. The standards established by19149
the registrar shall require a minimum of five hours of classroom19150
instruction, with at least three hours devoted to driver skill19151
requirements and two hours devoted to juvenile driver information19152
related to the driving records of drivers under the age of19153
eighteen, driver perceptions, and the value of the traffic laws. 19154
The standards also shall require a person whose probationary19155
driver's license was suspended under this section to undertake and19156
pass, as successful completion of an approved juvenile driver19157
improvement program, the driver's license examination that a19158
person who holds a temporary instruction permit is required to19159
undertake and pass in order to be issued a probationary driver's19160
license. The person shall pay the applicable fee that is required19161
to accompany an application for a driver's license as prescribed19162
in division (E) of section 4507.23 of the Revised Code. The19163
registrar shall prescribe the requirements for the curriculum to19164
be provided as well as other program directives. Only those19165
programs approved by the registrar shall be acceptable for19166
reinstatement of the driving privileges of a person whose19167
probationary driver's license was suspended under this section.19168

       Sec. 4510.311.  The registrar of motor vehicles shall19169
establish standards for juvenile driver improvement programs and19170
shall approve any programs that meet the established standards.19171
The standards established by the registrar shall require a minimum19172
of five hours of classroom instruction, with at least three hours19173
devoted to driver skill requirements and two hours devoted to19174
juvenile driver information related to the driving records of19175
drivers under eighteen years of age, driver perceptions, and the19176
value of the traffic laws. The standards also shall require a19177
person whose probationary driver's license was suspended under19178
section 4510.31 of the Revised Code to undertake and pass, as19179
successful completion of an approved juvenile driver improvement19180
program, the driver's license examination that a person who holds19181
a temporary instruction permit is required to undertake and pass19182
in order to be issued a probationary driver's license. The person19183
shall pay the applicable fee that is required to accompany an19184
application for a driver's license as prescribed in division (E)19185
of section 4507.23 of the Revised Code. The registrar shall19186
prescribe the requirements for the curriculum to be provided as19187
well as other program directives. Only those programs approved by19188
the registrar shall be acceptable for reinstatement of the driving19189
privileges of a person whose probationary driver's license was19190
suspended under section 4510.31 of the Revised Code.19191

       Sec. 4507.061.        Sec. 4510.32.  (A) The registrar of motor vehicles19192
shall record within ten days of receipt and keep at the main19193
office of the bureau of motor vehicles all information provided to19194
the registrar by the superintendent of a school district in19195
accordance with division (B) of section 3321.13 of the Revised19196
Code.19197

       (B) Whenever the registrar receives a notice under division19198
(B) of section 3321.13 of the Revised Code, the registrar shall19199
suspendimpose a class F suspension of the temporary instruction19200
permit or driver's license of the person who is the subject of the19201
notice for the period of time specified in division (B)(6) of19202
section 4510.02 of the Revised Code, or, if the person has not19203
been issued such a temporary instruction permit or driver's19204
license, the registrar shall deny to the person the issuance of a19205
temporary instruction permit or driver's license. The19206
requirements of the second paragraph of section 119.06 of the19207
Revised Code do not apply to a suspension of a person's temporary19208
instruction permit or driver's license or a denial of a person's19209
opportunity to obtain a temporary instruction permit or driver's19210
license by the registrar under this division.19211

       (C) Upon suspending the temporary instruction permit or19212
driver's license of any person or denying any person the19213
opportunity to be issued such a license or permit as provided in19214
division (B) of this section, the registrar immediately shall19215
notify the person in writing of the suspension or denial and19216
inform the person that the person may petition for a hearing as19217
provided in division (E) of this section.19218

       (D) Any person whose permit or license is suspended under19219
this section shall mail or deliver the person's permit or license19220
to the registrar of motor vehicles within twenty days of19221
notification of the suspension; however, the person's permit or19222
license and the person's driving privileges shall be suspended19223
immediately upon receipt of the notification. The registrar may19224
retain the permit or license during the period of the suspension19225
or the registrar may destroy it under section 4507.544510.52 of19226
the Revised Code. Any such suspension of a person's permit or19227
license or denial of a person's opportunity to obtain a permit or19228
license under this section shall remain in effect until the person19229
attains eighteen years of age or until it is terminated prior to19230
the child's attainment of that age pursuant to division (F) of19231
this section.19232

       (E) Any person whose temporary instruction permit or19233
driver's license has been suspended, or whose opportunity to19234
obtain such a permit or license has been denied pursuant to this19235
section, may file a petition in the juvenile court in whose19236
jurisdiction the person resides alleging error in the action taken19237
by the registrar of motor vehicles under division (B) of this19238
section or alleging one or more of the matters within the scope of19239
the hearing, as described in this division, or both. The19240
petitioner shall notify the registrar and the superintendent of19241
the school district who gave the notice to the registrar and19242
juvenile judge under division (B) of section 3321.13 of the19243
Revised Code of the filing of the petition and send them copies of19244
the petition. The scope of the hearing is limited to the issues19245
of whether the notice given by the superintendent to the registrar19246
was in error and whether the suspension or denial of driving19247
privileges will result in substantial hardship to the petitioner.19248

       The registrar shall furnish the court a copy of the record19249
created in accordance with division (A) of this section. The19250
registrar and the superintendent shall furnish the court with any19251
other relevant information required by the court.19252

       In hearing the matter and determining whether the petitioner19253
has shown that the petitioner's temporary instruction permit or19254
driver's license should not be suspended or that the petitioner's19255
opportunity to obtain such a permit or license should not be19256
denied, the court shall decide the issue upon the information19257
furnished by the registrar and the superintendent and any such19258
additional evidence that the registrar, the superintendent, or the19259
petitioner submits.19260

       If the court finds from the evidence submitted that the19261
petitioner has failed to show error in the action taken by the19262
registrar under division (B) of this section and has failed to19263
prove any of the matters within the scope of the hearing, then the19264
court may assess the cost of the proceeding against the petitioner19265
and shall uphold the suspension of the petitioner's permit or19266
license or the denial of the petitioner's opportunity to obtain a19267
permit or license. If the court finds that the petitioner has19268
shown error in the action taken by the registrar under division19269
(B) of this section or has proved one or more of the matters19270
within the scope of the hearing, or both, the cost of the19271
proceeding shall be paid out of the county treasury of the county19272
in which the proceedings were held, and the suspension of the19273
petitioner's permit or license or the denial of the person's19274
opportunity to obtain a permit or license shall be terminated.19275

       (F) The registrar shall cancel the record created under this19276
section of any person who is the subject of a notice given under19277
division (B) of section 3321.13 of the Revised Code and shall19278
terminate the suspension of the person's permit or license or the19279
denial of the person's opportunity to obtain a permit or license,19280
if any of the following applies:19281

       (1) The person is at least eighteen years of age.19282

       (2) The person provides evidence, as the registrar shall19283
require by rule, of receipt of a high school diploma or a general19284
educational development certificate of high school equivalence.19285

       (3) The superintendent of a school district informs the19286
registrar that the notification of withdrawal, habitual absence19287
without legitimate excuse, suspension, or expulsion concerning the19288
person was in error.19289

       (4) The suspension or denial was imposed subsequent to a19290
notification given under division (B)(3) or (4) of section 3321.1319291
of the Revised Code, and the superintendent of a school district19292
informs the registrar that the person in question has satisfied19293
any terms or conditions established by the school as necessary to19294
terminate the suspension or denial of driving privileges.19295

       (5) The suspension or denial was imposed subsequent to a19296
notification given under division (B)(1) of section 3321.13 of the19297
Revised Code, and the superintendent of a school district informs19298
the registrar that the person in question is now attending school19299
or enrolled in and attending an approved program to obtain a19300
diploma or its equivalent to the satisfaction of the school19301
superintendent.19302

       (6) The suspension or denial was imposed subsequent to a19303
notification given under division (B)(2) of section 3321.13 of the19304
Revised Code, the person has completed at least one semester or19305
term of school after the one in which the notification was given,19306
the person requests the superintendent of the school district to19307
notify the registrar that the person no longer is habitually19308
absent without legitimate excuse, the superintendent determines19309
that the person has not been absent from school without legitimate19310
excuse in the current semester or term, as determined under that19311
division, for more than ten consecutive school days or for more19312
than fifteen total school days, and the superintendent informs the19313
registrar of that fact. If a person described in division (F)(6)19314
of this section requests the superintendent of the school district19315
to notify the registrar that the person no longer is habitually19316
absent without legitimate excuse and the superintendent makes the19317
determination described in this division, the superintendent shall19318
provide the information described in division (F)(6) of this19319
section to the registrar within five days after receiving the19320
request.19321

       (7) The suspension or denial was imposed subsequent to a19322
notification given under division (B)(2) of section 3321.13 of the19323
Revised Code, and the superintendent of a school district informs19324
the registrar that the person in question has received an age and19325
schooling certificate in accordance with section 3331.01 of the19326
Revised Code.19327

       (8) The person filed a petition in court under division (E)19328
of this section and the court found that the person showed error19329
in the action taken by the registrar under division (B) of this19330
section or proved one or more of the matters within the scope of19331
the hearing on the petition, as set forth in division (E) of this19332
section, or both.19333

       At the end of the suspension period under this section and19334
upon the request of the person whose temporary instruction permit19335
or driver's license was suspended, the registrar shall return the19336
driver's license or permit to the person or reissue the person's19337
license or permit under section 4507.544510.52 of the Revised19338
Code, if the registrar destroyed the suspended license or permit19339
under that section.19340

       Sec. 4507.163.        Sec. 4510.33.  (A) AnyNo person of insufficient19341
age to purchase intoxicating liquor or beer who, contrary to19342
division (A) or (C) of section 4507.30 of the Revised Code,19343
displaysshall display as proof that the person is of sufficient19344
age to purchase intoxicating liquor or beer, a driver's or19345
commercial driver's license, knowing the same to be fictitious,19346
altered, or not the person's own, shall thereby forfeit the19347
driving privileges authorized by.The registrar of motor vehicles19348
shall impose a class C suspension of the person's own driver's19349
license, probationary driver's license, commercial driver's19350
license, temporary instruction permit, or commercial driver's19351
license temporary instruction permit and be denied the issuance or19352
reissuance of any such license or permit by the registrar of motor19353
vehicles for one year beginning with the date on which19354
notification of such forfeiture and denial is mailed to the person19355
by the registrarfor the period of time specified in division19356
(B)(3) of section 4510.02 of the Revised Code upon the offender19357
and shall not issue or reissue a license or permit of that type to19358
the offender during the suspension period.19359

       (B) In any prosecution, or in any proceeding before the19360
liquor control commission, in which the defense authorized by19361
section 4301.639 of the Revised Code is sustained, the clerk of19362
the court in which the prosecution was had, or the clerk of the19363
liquor control commission, shall certify to the registrar the19364
facts ascertainable from the clerk's records evidencing violation19365
of division (A) or (C) of section 4507.30 of the Revised Code by a19366
person of insufficient age to purchase intoxicating liquor or19367
beer, including in the certification the person's name and19368
residence address.19369

       (C) The registrar, upon receipt of the certification, shall19370
suspend the person's license or permit to drive subject to review19371
as provided in this section, and shall mail to the person, at the19372
person's last known address, a notice of the suspension and of the19373
hearing provided in division (D) of this section.19374

       (D) Any person whose license or permit to drive has been19375
suspended under this section, within twenty days of the mailing of19376
the notice provided above, may file a petition in the municipal19377
court or county court, or in case the person is under the age of19378
eighteen years, in the juvenile court, in whose jurisdiction the19379
person resides, agreeing to pay the cost of the proceedings, and19380
alleging error by the registrar in the suspension of the license19381
or permit to drive, or in one or more of the matters within the19382
scope of the hearing as provided in this section, or both. The19383
petitioner shall notify the registrar of the filing of the19384
petition and send the registrar a copy thereof. The scope of the19385
hearing shall be limited to whether a court of record did in fact19386
find that the petitioner displayed, or, if the original19387
proceedings were before the liquor control commission, whether the19388
petitioner did in fact display, as proof that the person was of19389
sufficient age to purchase intoxicating liquor or beer, a driver's19390
or commercial driver's license knowing the same to be fictitious,19391
altered, or not the person's own, and whether the person was at19392
that time of insufficient age legally to make a purchase of19393
intoxicating liquor or beer.19394

       (E) In any hearing authorized by this section, the registrar19395
shall be represented by the prosecuting attorney of the county19396
where the petitioner resides.19397

       (F) If the court finds from the evidence submitted that the19398
person has failed to show error in the action by the registrar or19399
in one or more of the matters within the scope of the hearing as19400
limited in division (D) of this section, or both, the court shall19401
assess the cost of the proceeding against the person and shall19402
impose the suspension provided in divisions (A) and (C) of this19403
section. If the court finds that the person has shown error in19404
the action taken by the registrar, or in one or more of the19405
matters within the scope of the hearing as limited in division (B)19406
of this section, or both, the cost of the proceeding shall be paid19407
out of the county treasury of the county in which the proceedings19408
were held, and the suspension provided in divisions (A) and (C) of19409
this section shall not be imposed. The court shall inform the19410
registrar in writing of the action taken.19411

       Sec. 4507.167.        Sec. 4510.34. (A) The registrar of motor vehicles19412
shall revokeimpose a class F suspension for the period of time19413
specified in division (B)(6) of section 4510.02 of the Revised19414
Code of the probationary motorized bicycle license issued to any19415
person when the person has been convicted of, pleaded no contest19416
to and been found guilty of, or pleaded guilty to, in any court of19417
competent jurisdiction, or has been adjudicated in juvenile court19418
of having committed, a violation of division (A) or (D) of section19419
4511.521 of the Revised Code, or of any other section of the19420
Revised Code or similar municipal ordinance for which points are19421
chargeable under section 4507.0214510.036 of the Revised Code.19422

       (B) Any person whose license is revokedsuspended under this19423
section shall mail or deliver histhe person's probationary19424
motorized bicycle license to the registrar within fourteen days of19425
notification of such revocationthe suspension. The registrar19426
shall retain suchthe license during the period of revocation. Any19427
such revocation shall remain in effect until the person reaches19428
sixteen years of agesuspension.19429

       (C) No application for a motorized bicycle license or19430
probationary motorized bicycle license shall be received from any19431
person whose probationary motorized bicycle license has been19432
revokedsuspended under this section until the person reaches19433
sixteen years of age.19434

       Sec. 4507.38.        Sec. 4510.41.  (A) As used in this section:19435

       (1) "Arrested person" means a person who is arrested for a19436
violation of division (B)(1) or (D)(2) of section 4507.02 or19437
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19438
or a municipal ordinance that is substantially equivalent to any19439
of those Revised Code provisionssections, and whose arrest19440
results in a vehicle being seized under division (B) of this19441
section.19442

       (2) "Vehicle owner" means either of the following:19443

       (a) The person in whose name is registered, at the time of19444
the seizure, a vehicle that is seized under division (B) of this19445
section;19446

       (b) A person to whom the certificate of title to a vehicle19447
that is seized under division (B) of this section has been19448
assigned and who has not obtained a certificate of title to the19449
vehicle in that person's name, but who is deemed by the court as19450
being the owner of the vehicle at the time the vehicle was seized19451
under division (B) of this section.19452

       (3) "Interested party" includes the owner of a vehicle19453
seized under this section, all lienholders of such a vehicle, the19454
arrested person, the owner of the place of storage at which a19455
vehicle seized under this section is stored, and the person or19456
entity that caused the vehicle to be removed.19457

       (B)(1) If a person is arrested for a violation of division19458
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19459
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19460
that is substantially equivalent to any of those Revised Code19461
provisionssections, the arresting officer or another officer of19462
the law enforcement agency that employs the arresting officer, in19463
addition to any action that the arresting officer is required or19464
authorized to take by any other provision of law, shall seize the19465
vehicle that the person was operating at the time of,or that was19466
involved in, the alleged offense if the vehicle is registered in19467
the arrested person's name and its license plates. Except as19468
otherwise provided in this division, the officer shall seize the19469
vehicle and its license plates regardless of whether the vehicle19470
is registered in the name of the arrested person or in the name of19471
another person or entity. This section does not apply to or19472
affect any rented or leased vehicle that is being rented or leased19473
for a period of thirty days or less, except that aA law19474
enforcement agency that employs a law enforcement officer who19475
makes an arrest of a type that is described in this division19476
(B)(1) of this section and that involves a rented or leased19477
vehicle of this typethat is being rented or leased for a period19478
of thirty days or less shall notify, within twenty-four hours19479
after the officer makes the arrest, the lessor or owner of the19480
vehicle regarding the circumstances of the arrest and the location19481
at which the vehicle may be picked up. At the time of the seizure19482
of the vehicle, the law enforcement officer who made the arrest19483
shall give the arrested person written notice that the vehicle and19484
its license plates have been seized; that the vehicle either will19485
be kept by the officer's law enforcement agency or will be19486
immobilized at least until the person's initial appearance on the19487
charge of the offense for which the arrest was made; that, at the19488
initial appearance, the court in certain circumstances may order19489
that the vehicle and license plates be released to the vehicle19490
ownerarrested person until the disposition of that charge; that,19491
if the arrested person is convicted of that charge, the court19492
generally must order the immobilization of the vehicle and the19493
impoundment of its license plates or the forfeiture of the19494
vehicle; and that, if the arrested person is not the vehicle19495
owner, the arrested person immediately should inform the vehicle19496
owner that the vehicle and its license plates have been seized and19497
that the vehicle owner may be able to obtain their release at the19498
initial appearance or thereaftermay be charged expenses or19499
charges incurred under this section and section 4503.233 of the19500
Revised Code for the removal and storage of the vehicle.19501

       (2) The arresting officer or a law enforcement officer of19502
the agency that employs the arresting officer shall give written19503
notice of the seizure to the court that will conduct the initial19504
appearance of the arrested person the arrested personon the19505
charges arising out of the arrest. The notice shall be given when19506
the charges are filed against the arrested person. Upon receipt19507
of the notice, the court promptly shall determine whether the19508
arrested person is the vehicle owner and whether there are any19509
liens recorded on the certificate of title to the vehicle. If the19510
court determines that the arrested person is not the vehicle19511
owner, it promptly shall send by regular mail written notice of19512
the seizure of the motor vehicle to the vehiclevehicle's19513
registered owner and to all lienholders recorded on the19514
certificate of title. The written notice to the vehicle owner and19515
lienholders shall contain all of the information required by19516
division (B)(1) of this section to be in a notice to be given to19517
the arrested person and also shall specify the date, time, and19518
place of the arrested person's initial appearance the arrested19519
person. The notice also shall inform the vehicle owner that if19520
title to a motor vehicle that is subject to an order for criminal19521
forfeiture under this section is assigned or transferred and19522
division (B)(2) or (3) of section 4503.234 of the Revised Code19523
applies, the court may fine the arrested person the value of the19524
vehicle. The notice to the vehicle owner also shall state that if19525
the vehicle is immobilized under division (A) of section 4503.23319526
of the Revised Code, seven days after the end of the period of19527
immobilization a law enforcement agency will send the vehicle19528
owner a notice, informing the owner that if the owner does not19529
obtain the release of the vehicle is not obtained in accordance19530
with division (D)(3) of section 4503.233 of the Revised Code, the19531
vehicle shall be forfeited. The notice also shall inform the19532
vehicle owner that the owner may be charged expenses or charges19533
incurred under this section and section 4503.233 of the Revised19534
Code for the removal and storage of the vehicle.19535

       The written notice that is given or delivered to the vehicle19536
ownerarrested person also shall state that if the arrested person19537
pleads guilty to or is convicted of or pleads guilty to the19538
offense for which the arrested person was arrested and the court19539
issues an immobilization and impoundment order relative to that19540
vehicle, division (D)(4) of section 4503.233 of the Revised Code19541
prohibits the vehicle from being sold during the period of19542
immobilization without the prior approval of the court.19543

       (3) At or before the initial appearance, the vehicle owner19544
may file a motion requesting the court to order that the vehicle19545
and its license plates be released to the vehicle owner. Except19546
as provided in this division and subject to the payment of19547
expenses or charges incurred in the removal and storage of the19548
vehicle, the court, in its discretion, then may issue an order19549
releasing the vehicle and its license plates to the vehicle owner.19550
Such an order may be conditioned upon such terms as the court19551
determines appropriate, including the posting of a bond in an19552
amount determined by the court. If the arrested person is not the19553
vehicle owner and if the vehicle owner is not present at the19554
arrested person's initial appearance, and if the court believes19555
that the vehicle owner was not provided with adequate notice of19556
the initial appearance, the court, in its discretion, may allow19557
the vehicle owner to file a motion within seven days of the19558
initial appearance. If the court allows the vehicle owner to file19559
such a motion after the initial appearance, the extension of time19560
granted by the court does not extend the time within which the19561
initial appearance is to be conducted. If the court issues an19562
order for the release of the vehicle and its license plates, a19563
copy of the order shall be made available to the vehicle owner. If19564
the vehicle owner presents a copy of the order to the law19565
enforcement agency that employs the law enforcement officer who19566
arrested the arrested person who was operating the vehicle, the19567
law enforcement agency promptly shall release the vehicle and its19568
license plates to the vehicle owner upon payment by the vehicle19569
owner of any expenses or charges incurred in the removal or19570
storage of the vehicle.19571

       (4) A vehicle seized under division (B)(1) of this section19572
either shall be towed to a place specified by the law enforcement19573
agency that employs the arresting officer to be safely kept by the19574
agency at that place for the time and in the manner specified in19575
this section or shall be otherwise immobilized for the time and in19576
the manner specified in this section. A law enforcement officer19577
of that agency shall remove the identification license plates of19578
the vehicle, and they shall be safely kept by the agency for the19579
time and in the manner specified in this section. No vehicle that19580
is seized and either towed or immobilized pursuant to this19581
division shall be considered contraband for purposes of section19582
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle19583
shall not be immobilized at any place other than a commercially19584
operated private storage lot, a place owned by a law enforcement19585
or other government agency, or a place to which one of the19586
following applies:19587

       (a) The place is leased by or otherwise under the control of19588
a law enforcement or other government agency.19589

       (b) The place is owned by the arrested person, the arrested19590
person's spouse, or a parent or child of the arrested person.19591

       (c) The place is owned by a private person or entity, and,19592
prior to the immobilization, the private entity or person that19593
owns the place, or the authorized agent of that private entity or19594
person, has given express written consent for the immobilization19595
to be carried out at that place.19596

       (d) The place is a public street or highway on which the19597
vehicle is parked in accordance with the law.19598

       (C)(1) A vehicle that is seized under division (B) of this19599
section shall be safely kept at the place to which it is towed or19600
otherwise moved by the law enforcement agency that employs the19601
arresting officer until the initial appearance of the arrested19602
person relative to the charge the arrested person in question. The19603
license plates of the vehicle that are removed pursuant to19604
division (B) of this section shall be safely kept by the law19605
enforcement agency that employs the arresting officer until at19606
least the initial appearance of the arrested person relative to19607
the charge in question.19608

       (2)(a) the owner's the owner the owner the owner's the owner19609
the owner's the owner's the arrested person the vehicle owner's19610
the owner's the owner's the arrested person the court also shall19611
notify the arrested person, and the movant if the movant is not19612
the arrested person, that if title to a motor vehicle that is19613
subject to an order for criminal forfeiture under this section is19614
assigned or transferred and division (C)(2) or (3) of section19615
4503.234 of the Revised Code applies, the court may fine the19616
offender the value of the vehicle. the owner'sAt the initial19617
appearance or not less than seven days prior to the date of final19618
disposition, the court shall notify the arrested person that, if19619
title to a motor vehicle that is subject to an order for criminal19620
forfeiture under this section is assigned or transferred and19621
division (B)(2) or (3) of section 4503.234 of the Revised Code19622
applies, the court may fine the arrested person the value of the19623
vehicle. If, at the initial appearance, the arrested person19624
pleads guilty to the violation of division (B)(1) or (D)(2) of19625
section 4507.02 or section 4507.334510.14, 4510.16,or4511.20319626
of the Revised Code, or a municipal ordinance that is19627
substantially equivalent to any of those Revised Code provisions19628
sections or pleads no contest to and is convicted of the19629
violation, the court shall impose sentence upon the arrested19630
person as provided by law or ordinance; the court, except as19631
provided in this division and subject to section 4503.235 of the19632
Revised Code, shall order the immobilization of the vehicle the19633
arrested person was operating at the time of, or that was involved19634
in, the offense if registered in the arrested person's name and19635
the impoundment of its license plates under section 4503.233 and19636
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19637
4511.203 of the Revised Code or the criminal forfeiture to the19638
state of the vehicle if registered in the arrested person's name19639
under section 4503.234 and section 4507.361 or 4507.994510.14,19640
4510.16, 4510.161,or4511.203 of the Revised Code, whichever is19641
applicable; and the vehicle and its identification license plates19642
shall not be returned or released to the vehicle ownerarrested19643
person. If the arrested person is not the vehicle owner and the19644
vehicle owner the owner's is not present at the arrested person's19645
initial appearance and if the court believes that the vehicle19646
owner was not provided adequate notice of the initial appearance,19647
the court, in its discretion, may refrain for a period of time not19648
exceeding seven days from ordering the immobilization of the19649
vehicle and the impoundment of its license plates or the criminal19650
forfeiture of the vehicle so that the vehicle owner the owner's19651
may appear before the court to present evidence as to why the19652
court should not order the immobilization of the vehicle and the19653
impoundment of its license plates or the criminal forfeiture of19654
the vehicle. If the court refrains from ordering the19655
immobilization of the vehicle and the impoundment of its license19656
plates or the criminal forfeiture of the vehicle, section 4503.23519657
of the Revised Code applies relative to the order of19658
immobilization and impoundment or the order of forfeiture.19659

       (b) If, at any time, the charge that the arrested person19660
violated division (B)(1) or (D)(2) of section 4507.02 or section19661
4507.334510.14, 4510.16,or4511.203 of the Revised Code, or a19662
municipal ordinance that is substantially equivalent to any of19663
those Revised Code provisionssections is dismissed for any19664
reason, the court shall order that the vehicle seized at the time19665
of the arrest and its license plates immediately be released to19666
the vehicle owner subject to the payment of expenses or the19667
owner's charges incurred in the removal and storage of the vehicle19668
person.19669

       (D) If a vehicle isand its license plates are seized under19670
division (B) of this section the arrested person and it isare not19671
returned or released to the vehicle owner the owner'sarrested19672
person pursuant to division (C) of this section, the vehicle and19673
its license plates shall be retained until the final disposition19674
of the charge in question. Upon the final disposition of that19675
charge, the court shall do whichever of the following is19676
applicable:19677

       (1) If the arrested person is convicted of or pleads guilty19678
to the violation of division (B)(1) or (D)(2) of section 4507.0219679
or section 4507.334510.14, 4510.16, or4511.203 of the Revised19680
Code, or a municipal ordinance that is substantially equivalent to19681
any of those Revised Code provisionssections, the court shall19682
impose sentence upon the arrested person as provided by law or19683
ordinance and, subject to section 4503.235 of the Revised Code,19684
shall order the immobilization of the vehicle the arrested person19685
was operating at the time of, or that was involved in, the offense19686
if it is registered in the arrested person's name and the19687
impoundment of its license plates under section 4503.233 and19688
section 4507.361 or 4507.994510.14, 4510.16, 4510.161,or19689
4511.203 of the Revised Code or the criminal forfeiture of the19690
vehicle if it is registered in the arrested person's name under19691
section 4503.234 and section 4507.361 or 4507.994510.14, 4510.16,19692
4510.161,or4511.203 of the Revised Code, whichever is19693
applicable.19694

       (2) If the arrested person is found not guilty of the19695
violation of division (B)(1) or (D)(2) of section 4507.02 or19696
section 4507.334510.14, 4510.16,or4511.203 of the Revised Code,19697
or a municipal ordinance that is substantially equivalent to any19698
of those Revised Code provisionssections, the court shall order19699
that the vehicle and its license plates immediately be released to19700
the vehicle owner upon the payment of any expenses or the owner's19701
charges incurred in its removal and storagearrested person.19702

       (3) If the charge that the arrested person violated division19703
(B)(1) or (D)(2) of section 4507.02 or section 4507.334510.14,19704
4510.16,or4511.203 of the Revised Code, or a municipal ordinance19705
that is substantially equivalent to any of those Revised Code19706
provisionssections is dismissed for any reason, the court shall19707
order that the vehicle and its license plates immediately be19708
released to the vehicle owner upon the payment of any expenses or19709
the owner's charges incurred in its removal and storagearrested19710
person.19711

       the arrested person the owner's the owner's the arrested19712
person19713

       (4)If the impoundment of the vehicle was not authorized19714
under this section, the court shall order that the vehicle and its19715
license plates be returned immediately to the arrested person or,19716
if the arrested person is not the vehicle owner, to the vehicle19717
owner and shall order that the state or political subdivision of19718
the law enforcement agency served by the law enforcement officer19719
who seized the vehicle pay all expenses and charges incurred in19720
its removal and storage.19721

       (E) If a vehicle is seized under division (B) of this19722
section, the time between the seizure of the vehicle and either19723
its release to the vehicle owner the owner'sarrested person19724
pursuant to division (C) of this section or the issuance of an19725
order of immobilization of the vehicle under section 4503.233 of19726
the Revised Code shall be credited against the period of19727
immobilization ordered by the court.19728

       (F)(1) The vehicle ownerExcept as provided in division19729
(D)(4) of this section, the arrested person may be charged19730
expenses or charges incurred in the removal and storage of the19731
immobilized vehicle. The court with jurisdiction over the case,19732
after notice to all interested parties, including lienholders, and19733
after an opportunity for them to be heard, if the vehicle owner19734
fails to appear in person, without good cause, or if the court19735
finds that the vehicle ownerarrested person does not intend to19736
seek release of the vehicle at the end of the period of19737
immobilization under section 4503.233 of the Revised Code or that19738
the vehicle ownerarrested person is not or will not be able to19739
pay the expenses and charges incurred in its removal and storage,19740
may order that title to the vehicle be transferred, in order of19741
priority, first into the name of the person or entity that removed19742
it, next into the name of a lienholder, or lastly into the name of19743
the owner of the place of storage.19744

       Any lienholder that receives title under a court order shall19745
do so on the condition that it pay any expenses or charges19746
incurred in the vehicle's removal and storage. If the person or19747
entity that receives title to the vehicle is the person or entity19748
that removed it, the person or entity shall receive title on the19749
condition that it pay any lien on the vehicle. The court shall19750
not order that title be transferred to any person or entity other19751
than the owner of the place of storage if the person or entity19752
refuses to receive the title. Any person or entity that receives19753
title either may keep title to the vehicle or may dispose of the19754
vehicle in any legal manner that it considers appropriate,19755
including assignment of the certificate of title to the motor19756
vehicle to a salvage dealer or a scrap metal processing facility.19757
The person or entity shall not transfer the vehicle to the person19758
who is the vehicle's immediate previous owner.19759

       If the person or entity that receives title assigns the motor19760
vehicle to a salvage dealer or scrap metal processing facility,19761
the person or entity shall send the assigned certificate of title19762
to the motor vehicle to the clerk of the court of common pleas of19763
the county in which the salvage dealer or scrap metal processing19764
facility is located. The person or entity shall mark the face of19765
the certificate of title with the words "FOR DESTRUCTION" and19766
shall deliver a photocopy of the certificate of title to the19767
salvage dealer or scrap metal processing facility for its records.19768

       (2) Whenever a court issues an order under division (F)(1)19769
of this section, the court also shall order removal of the license19770
plates from the vehicle and cause them to be sent to the registrar19771
if they have not already been sent to the registrar. Thereafter,19772
no further proceedings shall take place under this section or19773
under section 4503.233 of the Revised Code.19774

       (3) Prior to initiating a proceeding under division (F)(1)19775
of this section, and upon payment of the fee under division (B) of19776
section 4505.14, any interested party may cause a search to be19777
made of the public records of the bureau of motor vehicles or the19778
clerk of the court of common pleas, to ascertain the identity of19779
any lienholder of the vehicle. The initiating party shall furnish19780
this information to the clerk of the court with jurisdiction over19781
the case, and the clerk shall provide notice to the vehicle owner,19782
the defendantarrested person, any lienholder, and any other19783
interested parties listed by the initiating party, at the last19784
known address supplied by the initiating party, by certified mail,19785
or, at the option of the initiating party, by personal service or19786
ordinary mail.19787

       the offender19788

       Sec. 4510.43.  (A)(1) The director of public safety, upon19789
consultation with the director of health and in accordance with19790
Chapter 119. of the Revised Code, shall certify immobilizing and19791
disabling devices and shall publish and make available to the19792
courts, without charge, a list of approved devices together with19793
information about the manufacturers of the devices and where they19794
may be obtained. The manufacturer of an immobilizing or disabling19795
device shall pay the cost of obtaining the certification of the19796
device to the director of public safety, and the director shall19797
deposit the payment in the drivers' treatment and intervention19798
fund established by sections 4511.19 and 4511.191 of the Revised19799
Code.19800

       (2) The director of public safety, in accordance with19801
Chapter 119. of the Revised Code, shall adopt and publish rules19802
setting forth the requirements for obtaining the certification of19803
an immobilizing or disabling device. The director of public19804
safety shall not certify an immobilizing or disabling device under19805
this section unless it meets the requirements specified and19806
published by the director in the rules adopted pursuant to this19807
division. A certified device may consist of an ignition interlock19808
device, an ignition blocking device initiated by time or magnetic19809
or electronic encoding, an activity monitor, or any other device19810
that reasonably assures compliance with an order granting limited19811
driving privileges.19812

       The requirements for an immobilizing or disabling device that19813
is an ignition interlock device shall include provisions for19814
setting a minimum and maximum calibration range and shall include,19815
but shall not be limited to, specifications that the device19816
complies with all of the following:19817

       (a) It does not impede the safe operation of the vehicle.19818

       (b) It has features that make circumvention difficult and19819
that do not interfere with the normal use of the vehicle.19820

       (c) It correlates well with established measures of alcohol19821
impairment.19822

       (d) It works accurately and reliably in an unsupervised19823
environment.19824

       (e) It is resistant to tampering and shows evidence of19825
tampering if tampering is attempted.19826

       (f) It is difficult to circumvent and requires premeditation19827
to do so.19828

       (g) It minimizes inconvenience to a sober user.19829

       (h) It requires a proper, deep-lung breath sample or other19830
accurate measure of the concentration by weight of alcohol in the19831
breath.19832

       (i) It operates reliably over the range of automobile19833
environments.19834

       (j) It is made by a manufacturer who is covered by product19835
liability insurance.19836

       (3) The director of public safety may adopt, in whole or in19837
part, the guidelines, rules, regulations, studies, or independent19838
laboratory tests performed and relied upon by other states, or19839
their agencies or commissions, in the certification or approval of19840
immobilizing or disabling devices.19841

       (4) The director of public safety shall adopt rules in19842
accordance with Chapter 119. of the Revised Code for the design of19843
a warning label that shall be affixed to each immobilizing or19844
disabling device upon installation. The label shall contain a19845
warning that any person tampering, circumventing, or otherwise19846
misusing the device is subject to a fine, imprisonment, or both19847
and may be subject to civil liability.19848

       (B) A court considering the use of a prototype device in a19849
pilot program shall advise the director of public safety, thirty19850
days before the use, of the prototype device and its protocol,19851
methodology, manufacturer, and licensor, lessor, other agent, or19852
owner, and the length of the court's pilot program. A prototype19853
device shall not be used for a violation of section 4510.14 or19854
4511.19 of the Revised Code, a violation of a municipal OVI19855
ordinance, or in relation to a suspension imposed under section19856
4511.191 of the Revised Code. A court that uses a prototype19857
device in a pilot program, periodically during the existence of19858
the program and within fourteen days after termination of the19859
program, shall report in writing to the director of public safety19860
regarding the effectiveness of the prototype device and the19861
program.19862

       (C) If a person has been granted limited driving privileges19863
with a condition of the privileges being that the motor vehicle19864
that is operated under the privileges must be equipped with an19865
immobilizing or disabling device, all of the following apply:19866

       (1) If a motor vehicle to be driven under the limited19867
driving privileges is owned by the person's employer and if the19868
person is required to operate that motor vehicle in the course and19869
scope of the offender's employment, the person may operate that19870
vehicle without the installation of an immobilizing or disabling19871
device, provided that the employer has been notified that the19872
person has limited driving privileges and of the nature of the19873
restriction and that the person has proof of the employer's19874
notification in the person's possession while operating the19875
employer's vehicle for normal business duties. A motor vehicle19876
owned by a business that is partly or entirely owned or controlled19877
by a person with limited driving privileges is not a motor vehicle19878
owned by an employer, for purposes of this division.19879

       (2) If the motor vehicle to be driven under the limited19880
driving privileges is registered in a state other than this state,19881
instead of installing on that vehicle an immobilizing or disabling19882
device, the person with the limited driving privileges shall19883
display on the vehicle a decal, as prescribed by the registrar of19884
motor vehicles, that states that the vehicle is subject to limited19885
driving privileges in this state and that describes the19886
restriction. The decal shall be displayed on the bottom left19887
cornerof the back window of the vehicle or, if there is no back19888
window, on the bottom left corner of the windshield of the19889
vehicle.19890

       Sec. 4510.44.  (A)(1) No offender with limited driving19891
privileges, during any period that the offender is required to19892
operate only a motor vehicle equipped with an immobilizing or19893
disabling device, shall request or permit any other person to19894
breathe into the device if it is an ignition interlock device or19895
another type of device that monitors the concentration of alcohol19896
in a person's breath or to otherwise start the motor vehicle19897
equipped with the device, for the purpose of providing the19898
offender with an operable motor vehicle.19899

       (2)(a) Except as provided in division (A)(2)(b) of this19900
section, no person shall breathe into an immobilizing or disabling19901
device that is an ignition interlock device or another type of19902
device that monitors the concentration of alcohol in a person's19903
breath or otherwise start a motor vehicle equipped with an19904
immobilizing or disabling device, for the purpose of providing an19905
operable motor vehicle to an offender with limited driving19906
privileges who is permitted to operate only a motor vehicle19907
equipped with an immobilizing or disabling device.19908

       (b) Division (A)(2)(a) of this section does not apply to a19909
person in the following circumstances:19910

       (i) The person is an offender with limited driving19911
privileges.19912

       (ii) The person breathes into an immobilizing or disabling19913
device that is an ignition interlock device or another type of19914
device that monitors the concentration of alcohol in a person's19915
breath or otherwise starts a motor vehicle equipped with an19916
immobilizing or disabling device.19917

       (iii) The person breathes into the device or starts the19918
vehicle for the purpose of providing the person with an operable19919
motor vehicle.19920

       (3) No unauthorized person shall tamper with or circumvent19921
the operation of an immobilizing or disabling device.19922

       (B) Whoever violates this section is guilty of an19923
immobilizing or disabling device violation, a misdemeanor of the19924
first degree.19925

       Sec. 4507.54.        Sec. 4510.52.  (A) Upon the receipt of any driver's19926
license or commercial driver's license or permit that has been19927
suspended, revoked,or canceled, or forfeited under any provision19928
of law, and notwithstanding any other provision of law that19929
requires the registrar of motor vehicles to retain the license or19930
permit, the registrar may destroy the license or permit.19931

       (B) If, as authorized by division (A) of this section, the19932
registrar destroys a license or permit that has been suspended,19933
revoked,or canceled, or forfeited, hethe registrar shall reissue19934
or authorize the reissuance of a new license or permit to the19935
person to whom the destroyed license or permit orginally19936
originally was issued upon payment of a fee in the same amount as19937
the fee specified in division (C) of section 4507.23 of the19938
Revised Code for a duplicate license or permit and upon payment of19939
a service fee in the same amount as specified in division (D) of19940
section 4503.10 of the Revised Code if issued by a deputy19941
registrar or in division (G) of that section if issued by the19942
registrar.19943

       This division applies only if the driver's license or19944
commercial driver's license or permit that was destroyed would19945
have been valid at the time the person applies for the duplicate19946
license or permit. A duplicate driver's license or commercial19947
driver's license or permit issued under this section shall bear19948
the same expiration date that appeared on the license or permit it19949
replaces.19950

       Sec. 4507.55.        Sec. 4510.53.  (A) Upon the receipt of any driver's19951
or commercial driver's license or permit that has been revoked or19952
suspended under section 4511.19or 4511.191 of the Revised Code,19953
the registrar of motor vehicles, notwithstanding any other19954
provision of law that purports to require himthe registrar to19955
retain the license or permit, may destroy the license or permit.19956

       (B)(1) Subject to division (B)(2) of this section, if a19957
driver's or commercial driver's license or permit that has been19958
suspended under section 4511.19or 4511.191 of the Revised Code is19959
delivered to the registrar and if the registrar destroys the19960
license or permit under authority of division (A) of this section,19961
the registrar shall reissue or authorize the reissuance of a19962
driver's or commercial driver's license to the person, free of19963
payment of any type of fee or charge, if either of the following19964
applies:19965

       (a) The person appeals the suspension of the license or19966
permit at hisor within thirty days of the person's initial19967
appearance, pursuant to division (H) of section 4511.1914511.19719968
of the Revised Code, the judge of the court of record or the mayor19969
of the mayor's court who conducts the initial appearance19970
terminates the suspension, and the judge or mayor does not suspend19971
the license or permit under section 4511.196 of the Revised Code;19972

       (b) The person appeals the suspension of the license or19973
permit at hisor within thirty days of the person's initial19974
appearance, pursuant to division (H) of section 4511.1914511.19719975
of the Revised Code, the judge of the court of record or the mayor19976
of the mayor's court who conducts the initial appearance does not19977
terminate the suspension, the person appeals the judge's or19978
mayor's decision not to terminate the suspension that is made at19979
the initial appearance, and upon appeal of the decision, the19980
suspension is terminated.19981

       (2) Division (B)(1) of this section applies only if the19982
driver's or commercial driver's license that was destroyed would19983
have been valid at the time in question, if it had not been19984
destroyed as permitted by division (A) of this section.19985

       (C) A driver's or commericalcommercial driver's license or19986
permit issued to a person pursuant to division (B)(1) of this19987
section shall bear the same expiration date as the expiration date19988
that appeared on the license it replaces.19989

       Sec. 4510.54.  (A) A person whose driver's or commercial19990
driver's license has been suspended for life under a class one19991
suspension or as otherwise provided by law or has been suspended19992
for a period in excess of fifteen years under a class two19993
suspension may file a motion with the sentencing court for19994
modification or termination of the suspension. A motion under19995
this division may be heard only once. The person filing the19996
motion shall demonstrate all of the following:19997

       (1) At least fifteen years have elapsed since the suspension19998
began.19999

       (2) For the past fifteen years, the person has not been20000
found guilty of any felony, any offense involving a moving20001
violation under federal law, the law of this state, or the law of20002
any of its political subdivisions, or any violation of a20003
suspension under this chapter or a substantially equivalent20004
municipal ordinance.20005

       (3) The person has proof of financial responsibility, a20006
policy of liability insurance in effect that meets the minimum20007
standard set forth in section 4509.51 of the Revised Code, or20008
proof, to the satisfaction of the registrar of motor vehicles,20009
that the person is able to respond in damages in an amount at20010
least equal to the minimum amounts specified in that section.20011

       (4) If the suspension was imposed because the person was20012
under the influence of alcohol, a drug of abuse, or combination of20013
them at the time of the offense or because at the time of the20014
offense the person's whole blood, blood serum or plasma, breath,20015
or urine contained at least the concentration of alcohol specified20016
in division (A)(2), (3), (4), or (5) of section 4511.19 of the20017
Revised Code, the person also shall demonstrate all of the20018
following:20019

       (a) The person successfully completed an alcohol, drug, or20020
alcohol and drug treatment program.20021

       (b) The person has not abused alcohol or other drugs for a20022
period satisfactory to the court.20023

       (c) For the past fifteen years, the person has not been20024
found guilty of any alcohol-related or drug-related offense.20025

       (B) Upon receipt of a motion for modification or termination20026
of the suspension under this section, the court may schedule a20027
hearing on the motion. If scheduled, the hearing shall be20028
conducted in open court within ninety days after the date on which20029
the motion is filed.20030

       (C) The court shall notify the person whose license was20031
suspended and the prosecuting attorney of the date, time, and20032
location of the hearing. Upon receipt of the notice from the20033
court, the prosecuting attorney shall notify the victim or the20034
victim's representative of the date, time, and location of the20035
hearing.20036

       (D) At any hearing under this section, the person who seeks20037
modification or termination of the suspension has the burden to20038
demonstrate, under oath, that the person meets the requirements of20039
division (A) of this section. At the hearing, the court shall20040
afford the offender or the offender's counsel an opportunity to20041
present oral or written information relevant to the motion. The20042
court shall afford a similar opportunity to provide relevant20043
information to the prosecuting attorney and the victim or victim's20044
representative.20045

       Before ruling on the motion, the court shall take into20046
account the person's driving record, the nature of the offense20047
that led to the suspension, and the impact of the offense on any20048
victim. In addition, if the offender is eligible for modification20049
or termination of the suspension under division (A)(2) of this20050
section, the court shall consider whether the person committed any20051
other offense while under suspension and determine whether the20052
offense is relevant to a determination under this section. The20053
court may modify or terminate the suspension subject to any20054
considerations it considers proper if it finds that allowing the20055
person to drive is not likely to present a danger to the public. 20056
After the court makes a ruling on a motion filed under this20057
section, the prosecuting attorney shall notify the victim or the20058
victim's representative of the court's ruling.20059

       (E) If a court modifies a person's license suspension under20060
this section and the person subsequently is found guilty of any20061
moving violation or of any substantially equivalent municipal20062
ordinance that carries as a possible penalty the suspension of a20063
person's driver's or commercial driver's license, the court may20064
reimpose the class one or other lifetime suspension, or the class20065
two suspension, whichever is applicable.20066

       Sec. 4507.60.        Sec. 4510.61.  The driver license compact is hereby20067
enacted into law and entered into with all other jurisdictions20068
legally joining therein in the form substantially as follows:20069

ARTICLE I
20070

Findings and Declaration of Policy
20071

       (a) The party states find that:20072

       (1) The safety of their streets and highways is materially20073
affected by the degree of compliance with state and local20074
ordinances relating to the operation of motor vehicles.20075

       (2) Violation of such a law or ordinance is evidence that20076
the violator engages in conduct which is likely to endanger the20077
safety of persons and property.20078

       (3) The continuance in force of a license to drive is20079
predicated upon compliance with laws and ordinances relating to20080
the operation of motor vehicles, in whichever jurisdiction the20081
vehicle is operated.20082

       (b) It is the policy of each of the party states to:20083

       (1) Promote compliance with the laws, ordinances, and20084
administrative rules and regulations relating to the operation of20085
motor vehicles by their operators in each of the jurisdictions20086
where such operators drive motor vehicles.20087

       (2) Make the reciprocal recognition of licenses to drive and20088
eligibility therefor more just and equitable by considering the20089
over-all compliance with motor vehicle laws, ordinances, and20090
administrative rules and regulations as a condition precedent to20091
the continuance or issuance of any license by reason of which the20092
licensee is authorized or permitted to operate a motor vehicle in20093
any of the party states.20094

ARTICLE II
20095

Definitions
20096

       As used in this compact:20097

       (a) "State" means a state, territory, or possession of the20098
United States, the District of Columbia, or the Commonwealth of20099
Puerto Rico.20100

       (b) "Home state" means the state that has issued and has the20101
power to suspend or revoke the use of the license or permit to20102
operate a motor vehicle.20103

       (c) "Conviction" means a conviction of any offense related20104
to the use or operation of a motor vehicle that is prohibited by20105
state law, municipal ordinance, or administrative rule or20106
regulation; or a forfeiture of bail, bond, or other security20107
deposited to secure appearance by a person charged with having20108
committed any such offense, and which conviction or forfeiture is20109
required to be reported to the licensing authority.20110

ARTICLE III
20111

Reports of Conviction
20112

       The licensing authority of a party state shall report each20113
conviction of a person from another party state occurring within20114
its jurisdiction to the licensing authority of the home state of20115
the licensee. Such report shall clearly identify the person20116
convicted; describe the violation specifying the section of the20117
statute, code, or ordinance violated; identify the court in which20118
action was taken; indicate whether a plea of guilty or not guilty20119
was entered, or the security; and shall include any special20120
findings made in connection therewith.20121

ARTICLE IV
20122

Effect of Conviction
20123

       (a) The licensing authority in the home state, for the20124
purpose of suspension, revocation, or limitation of the license to20125
operate a motor vehicle, shall give the same effect to the conduct20126
reported, pursuant to Article III of this compact, as it would if20127
such conduct had occurred in the home state, in the case of20128
convictions for:20129

       (1) Manslaughter or negligent homicide resulting from the20130
operation of a motor vehicle;20131

       (2) Driving a motor vehicle while under the influence of20132
intoxicating liquor or a narcotic drug, or under the influence of20133
any other drug to a degree that renders the driver incapable of20134
safely driving a motor vehicle;20135

       (3) Any felony in the commission of which a motor vehicle is20136
used;20137

       (4) Failure to stop and render aid in the event of a motor20138
vehicle accident resulting in the death or personal injury of20139
another.20140

       (b) As to other convictions, reported pursuant to Article20141
III, the licensing authority in the home state shall give such20142
effect to conduct as is provided by the laws of the home state.20143

       (c) If the laws of a party state do not provide for offenses20144
or violations denominated or described in precisely the words20145
employed in subdivision (a) of this Article, such party state20146
shall construe the denominations and descriptions appearing in20147
subdivision (a) hereof as being applicable to and identifying20148
those offenses or violations of a substantially similar nature,20149
and the laws of such party state shall contain such provisions as20150
may be necessary to ensure that full force and effect is given to20151
this Article.20152

ARTICLE V
20153

Applications for New Licenses
20154

       Upon application for a license to drive, the licensing20155
authority in a party state shall ascertain whether the applicant20156
has ever held, or is the holder of, a license to drive issued by20157
any other party state. The licensing authority in the state where20158
application is made shall not issue a license to drive to the20159
applicant if:20160

       (1) The applicant has held such a license, but the same has20161
been suspended by reason, in whole or in part, of a violation and20162
if such suspension period has not terminated.20163

       (2) The applicant has held such a license, but the same has20164
been revoked by reason, in whole or in part, of a violation; and20165
if such revocation has not terminated, except that after the20166
expiration of one year from the date the license was revoked, such20167
person may make application for a new license if permitted by law.20168
The licensing authority may refuse to issue a license to any such20169
applicant if, after investigation, the licensing authority20170
determines that it will not be safe to grant to such person the20171
privilege of driving a motor vehicle on the public highways.20172

       (3) The applicant is the holder of a license to drive issued20173
by another party state and currently in force unless the applicant20174
surrenders such license.20175

ARTICLE VI
20176

Applicability of Other Laws
20177

       Except as expressly required by provisions of this compact,20178
nothing contained herein shall be construed to affect the right of20179
any party state to apply any of its other laws relating to20180
licenses to drive to any person or circumstance, nor to invalidate20181
or prevent any driver license agreement or other cooperative20182
arrangement between a party state and a nonparty state.20183

ARTICLE VII
20184

Compact Administrator and Interchange of Information
20185

       (a) The head of the licensing authority of each party state20186
shall be the administrator of this compact for his state. The20187
administrators, acting jointly, shall have the power to formulate20188
all necessary and proper procedures for the exchange of20189
information under this compact.20190

       (b) The administrator of each party state shall furnish to20191
the administrator of each other party state any information or20192
documents reasonably necessary to facilitate the administration of20193
this compact.20194

ARTICLE VIII
20195

Entry Into Force and Withdrawal
20196

       (a) This compact shall enter into force and become effective20197
as to any state when it has enacted the same into law.20198

       (b) Any party state may withdraw from this compact by20199
enacting a statute repealing the same, but no such withdrawal20200
shall take effect until six months after the executive head of the20201
withdrawing state has given notice of the withdrawal to the20202
executive heads of all other party states. No withdrawal shall20203
affect the validity or applicability by the licensing authorities20204
of states remaining party to the compact of any report of20205
conviction occurring prior to the withdrawal.20206

ARTICLE IX
20207

Construction and Severability
20208

       This compact shall be liberally construed so as to effectuate20209
the purposes thereof. The provisions of this compact shall be20210
severable; and if any phrase, clause, sentence, or provision of20211
this compact is declared to be contrary to the constitution of any20212
party state or of the United States or the applicability thereof20213
to any government, agency, person, or circumstance is held20214
invalid, the validity of the remainder of this compact and the20215
applicability thereof to any government, agency, person, or20216
circumstance shall not be affected thereby. If this compact shall20217
be held contrary to the constitution of any state party thereto,20218
the compact shall remain in full force and effect as to the20219
remaining states and in full force and effect as to the state20220
affected as to all severable matters.20221

       Sec. 4507.61.        Sec. 4510.62.  (A) "Executive head" as used in20222
article VIII (b) of the compact set forth in section 4507.6020223
4510.61 of the Revised Code with reference to this state means the20224
governor.20225

       (B) "Licensing authority" as used in Articles III, IV, V,20226
and VII of the compact set forth in section 4507.604510.61 of the20227
Revised Code with reference to this state means the bureau of20228
motor vehicles within the department of public safety.20229

       Sec. 4507.62.        Sec. 4510.63.  Pursuant to Article VII of the20230
compact set forth in section 4507.604510.61 of the Revised Code20231
the bureau of motor vehicles shall furnish to the appropriate20232
authorities of any other party state any information or documents20233
reasonably necessary to facilitate the administration of Articles20234
III, IV, and V of the compact set forth in section 4507.604510.6120235
of the Revised Code.20236

       Sec. 4507.63.        Sec. 4510.64.  The compact administrator provided20237
for in Article VII of the compact set forth in section 4507.6020238
4510.61 of the Revised Code is not entitled to any additional20239
compensation because of his servicesfor serving as administrator20240
of the compact, but shall be reimbursed for travel and other20241
necessary expenses incurred in the performance of his official20242
duties thereunder as provided by law for other state officers.20243

       Sec. 4511.95.        Sec. 4510.71.  The nonresident violator compact,20244
hereinafter called "the compact," is hereby enacted into law and20245
entered into with all other jurisdictions legally joining therein20246
in the form substantially as follows:20247

"NONRESIDENT VIOLATOR COMPACT
20248

Article I
20249

Findings, Declaration of Policy and Purpose
20250

       (A) The party jurisdictions find that:20251

       (1) In most instances, a motorist who is cited for a traffic20252
violation in a jurisdiction other than his home jurisdiction:20253

       (a) Must post collateral or bond to secure appearance for20254
trial at a later date; or20255

       (b) If unable to post collateral or bond, is taken into20256
custody until the collateral or bond is posted; or20257

       (c) Is taken directly to court for his trial to be held.20258

       (2) In some instances, the motorist's driver's license may20259
be deposited as collateral to be returned after he has complied20260
with the terms of the citation.20261

       (3) The purpose of the practices described in divisions20262
(A)(1) and (2) of this article is to ensure compliance with the20263
terms of a traffic citation by the motorist who, if permitted to20264
continue on his way after receiving the traffic citation, could20265
return to his home jurisdiction and disregard his duty under the20266
terms of the traffic citation.20267

       (4) A motorist receiving a traffic citation in his home20268
jurisdiction is permitted, except for certain violations, to20269
accept the citation from the officer at the scene of the violation20270
and to immediately continue on his way after promising or being20271
instructed to comply with the terms of the citation.20272

       (5) The practice described in division (A)(1) of this20273
article causes unnecessary inconvenience and, at times, a hardship20274
for the motorist who is unable at the time to post collateral,20275
furnish a bond, stand trial, or pay the fine, and thus is20276
compelled to remain in custody until some arrangement can be made.20277

       (6) The deposit of a driver's license as a bail bond, as20278
described in division (A)(2) of this article, is viewed with20279
disfavor.20280

       (7) The practices described herein consume an undue amount20281
of law enforcement time.20282

       (B) It is the policy of the party jurisdictions to:20283

       (1) Seek compliance with the laws, ordinances, and20284
administrative rules and regulations relating to the operation of20285
motor vehicles in each of the jurisdictions;20286

       (2) Allow motorists to accept a traffic citation for certain20287
violations and proceed on their way without delay whether or not20288
the motorist is a resident of the jurisdiction in which the20289
citation was issued;20290

       (3) Extend cooperation to its fullest extent among the20291
jurisdictions for obtaining compliance with the terms of a traffic20292
citation issued in one jurisdiction to a resident of another20293
jurisdiction;20294

       (4) Maximize effective utilization of law enforcement20295
personnel and assist court systems in the efficient disposition of20296
traffic violations.20297

       (C) The purpose of this compact is to:20298

       (1) Provide a means through which the party jurisdictions20299
may participate in a reciprocal program to effectuate the policies20300
enumerated in division (B) of this article in a uniform and20301
orderly manner;20302

       (2) Provide for the fair and impartial treatment of traffic20303
violators operating within party jurisdictions in recognition of20304
the motorist's right of due process and the sovereign status of a20305
party jurisdiction.20306

Article II Definitions
20307

       (A) In the nonresident violator compact, the following words20308
have the meaning indicated, unless the context requires otherwise.20309

       (B)(1) "Citation" means any summons, ticket, or other20310
official document issued by a police officer for a traffic20311
violation containing an order which requires the motorist to20312
respond.20313

       (2) "Collateral" means any cash or other security deposited20314
to secure an appearance for trial, following the issuance by a20315
police officer of a citation for a traffic violation.20316

       (3) "Court" means a court of law or traffic tribunal.20317

       (4) "Driver's license" means any license or privilege to20318
operate a motor vehicle issued under the laws of the home20319
jurisdiction.20320

       (5) "Home jurisdiction" means the jurisdiction that issued20321
the driver's license of the traffic violator.20322

       (6) "Issuing jurisdiction" means the jurisdiction in which20323
the traffic citation was issued to the motorist.20324

       (7) "Jurisdiction" means a state, territory, or possession20325
of the United States, the District of Columbia, or the20326
Commonwealth of Puerto Rico.20327

       (8) "Motorist" means a driver of a motor vehicle operating20328
in a party jurisdiction other than the home jurisdiction.20329

       (9) "Personal recognizance" means an agreement by a motorist20330
made at the time of issuance of the traffic citation that he will20331
comply with the terms of that traffic citation.20332

       (10) "Police officer" means any individual authorized by the20333
party jurisdiction to issue a citation for a traffic violation.20334

       (11) "Terms of the citation" means those options expressly20335
stated upon the citation.20336

Article III
20337

Procedure for Issuing Jurisdiction
20338

       (A) When issuing a citation for a traffic violation, a20339
police officer shall issue the citation to a motorist who20340
possesses a driver's license issued by a party jurisdiction and20341
shall not, subject to the exceptions noted in division (B) of this20342
article, require the motorist to post collateral to secure20343
appearance, if the officer receives the motorist's signed,20344
personal recognizance that he or she will comply with the terms of20345
the citation.20346

       (B) Personal recognizance is acceptable only if not20347
prohibited by law. If mandatory appearance is required, it must20348
take place immediately following issuance of the citation.20349

       (C) Upon failure of a motorist to comply with the terms of a20350
traffic citation, the appropriate official shall report the20351
failure to comply to the licensing authority of the jurisdiction20352
in which the traffic citation was issued. The report shall be20353
made in accordance with procedures specified by the issuing20354
jurisdiction and shall contain information as specified in the20355
compact manual as minimum requirements for effective processing by20356
the home jurisdiction.20357

       (D) Upon receipt of the report, the licensing authority of20358
the issuing jurisdiction shall transmit to the licensing authority20359
in the home jurisdiction of the motorist the information in a form20360
and content as contained in the compact manual.20361

       (E) The licensing authority of the issuing jurisdiction may20362
not suspend the privilege of a motorist for whom a report has been20363
transmitted.20364

       (F) The licensing authority of the issuing jurisdiction20365
shall not transmit a report on any violation if the date of20366
transmission is more than six months after the date on which the20367
traffic citation was issued.20368

       (G) The licensing authority of the issuing jurisdiction20369
shall not transmit a report on any violation where the date of20370
issuance of the citation predates the most recent of the effective20371
dates of entry for the two jurisdictions affected.20372

Article IV Procedures for Home Jurisdiction
20373

       (A) Upon receipt of a report of a failure to comply from the20374
licensing authority of the issuing jurisdiction, the licensing20375
authority of the home jurisdiction shall notify the motorist and20376
initiate a suspension action, in accordance with the home20377
jurisdiction's procedures, to suspend the motorist's driver's20378
license until satisfactory evidence of compliance with the terms20379
of the traffic citation has been furnished to the home20380
jurisdiction licensing authority. Due process safeguards will be20381
accorded.20382

       (B) The licensing authority of the home jurisdiction shall20383
maintain a record of actions taken and make reports to issuing20384
jurisdictions as provided in the compact manual.20385

Article V Applicability of Other Laws
20386

       Except as expressly required by provisions of this compact,20387
nothing contained herein shall be construed to affect the right of20388
any party jurisdiction to apply any of its other laws relating to20389
licenses to drive to any person or circumstance, or to invalidate20390
or prevent any driver license agreement or other cooperative20391
arrangement between a party jurisdiction and nonparty20392
jurisdiction.20393

Article VI Compact Administrator Procedures
20394

       (A) For the purpose of administering the provisions of this20395
compact and to serve as a governing body for the resolution of all20396
matters relating to the operation of this compact, a board of20397
compact administrators is established. The board shall be20398
composed of one representative from each party jurisdiction to be20399
known as the compact administrator. The compact administrator20400
shall be appointed by the jurisdiction executive and will serve20401
and be subject to removal in accordance with the laws of the20402
jurisdiction he represents. A compact administrator may provide20403
for the discharge of his duties and the performance of his20404
functions as a board member by an alternate. An alternate may not20405
be entitled to serve unless written notification of his identity20406
has been given to the board.20407

       (B) Each member of the board of compact administrators shall20408
be entitled to one vote. No action of the board shall be binding20409
unless taken at a meeting at which a majority of the total number20410
of votes on the board are cast in favor. Action by the board20411
shall be only at a meeting at which a majority of the party20412
jurisdictions are represented.20413

       (C) The board shall elect annually, from its membership, a20414
chairman and a vice chairman.20415

       (D) The board shall adopt bylaws, not inconsistent with the20416
provisions of this compact or the laws of a party jurisdiction,20417
for the conduct of its business and shall have the power to amend20418
and rescind its bylaws.20419

       (E) The board may accept for any of its purposes and20420
functions under this compact any and all donations, and grants of20421
money, equipment, supplies, materials, and services, conditional20422
or otherwise, from any jurisdiction, the United States, or any20423
other governmental agency, and may receive, utilize, and dispose20424
of the same.20425

       (F) The board may contract with, or accept services or20426
personnel from, any governmental or intergovernmental agency,20427
person, firm, or corporation, or any private nonprofit20428
organization or institution.20429

       (G) The board shall formulate all necessary procedures and20430
develop uniform forms and documents for administering the20431
provisions of this compact. All procedures and forms adopted20432
pursuant to board action shall be contained in the compact manual.20433

Article VII Entry into Compact and Withdrawal
20434

       (A) This compact shall become effective when it has been20435
adopted by at least two jurisdictions.20436

       (B)(1) Entry into the compact shall be made by a resolution20437
of ratification executed by the authorized officials of the20438
applying jurisdiction and submitted to the chairman of the board.20439

       (2) The resolution shall be in a form and content as20440
provided in the compact manual and shall include statements that20441
in substance are as follows:20442

       (a) A citation of the authority by which the jurisdiction is20443
empowered to become a party to this compact;20444

       (b) Agreement to comply with the terms and provisions of the20445
compact;20446

       (c) That compact entry is with all jurisdictions then party20447
to the compact and with any jurisdiction that legally becomes a20448
party to the compact.20449

       (3) The effective date of entry shall be specified by the20450
applying jurisdiction, but it shall not be less than sixty days20451
after notice has been given by the chairman of the board of20452
compact administrators or by the secretariat of the board to each20453
party jurisdiction that the resolution from the applying20454
jurisdiction has been received.20455

       (C) A party jurisdiction may withdraw from this compact by20456
official written notice to the other party jurisdictions, but a20457
withdrawal shall not take effect until ninety days after notice of20458
withdrawal is given. The notice shall be directed to the compact20459
administrator of each member jurisdiction. No withdrawal shall20460
affect the validity of this compact as to the remaining party20461
jurisdictions.20462

Article VIII Exceptions
20463

       The provisions of this compact shall not apply to parking or20464
standing violations, highway weight limit violations, and20465
violations of law governing the transportation of hazardous20466
materials.20467

Article IX Amendments to the Compact
20468

       (A) This compact may be amended from time to time.20469
Amendments shall be presented in resolution form to the chairman20470
of the board of compact administrators and may be initiated by one20471
or more party jurisdictions.20472

       (B) Adoption of an amendment shall require endorsement of20473
all party jurisdictions and shall become effective thirty days20474
after the date of the last endorsement.20475

       (C) Failure of a party jurisdiction to respond to the20476
compact chairman within one hundred twenty days after receipt of20477
the proposed amendment shall constitute endorsement.20478

Article X Construction and Severability
20479

       This compact shall be liberally construed so as to effectuate20480
the purposes stated herein. The provisions of this compact shall20481
be severable and if any phrase, clause, sentence, or provision of20482
this compact is declared to be contrary to the constitution of any20483
party jurisdiction or of the United States or the applicability20484
thereof to any government, agency, person, or circumstance, the20485
compact shall not be affected thereby. If this compact shall be20486
held contrary to the constitution of any jurisdiction party20487
thereto, the compact shall remain in full force and effect as to20488
the remaining jurisdictions and in full force and effect as to the20489
jurisdiction affected as to all severable matters.20490

Article XI Title
20491

       This compact shall be known as the Nonresident Violator20492
Compact of 1977."20493

       Sec. 4511.951.        Sec. 4510.72.  (A) A fee of thirty dollars shall20494
be charged by the registrar of motor vehicles for the20495
reinstatement of any driver's license suspended pursuant to20496
division (A) of Article IV of the compact enacted in section20497
4511.954510.71 of the Revised Code.20498

       (B) Pursuant to division (A) of Article VI of the20499
nonresident violator compact of 1977 enacted in section 4511.9520500
4510.71 of the Revised Code, the director of public safety shall20501
serve as the compact administrator for Ohio.20502

       Sec. 4511.01.  As used in this chapter and in Chapter 4513.20503
of the Revised Code:20504

       (A) "Vehicle" means every device, including a motorized20505
bicycle, in, upon, or by which any person or property may be20506
transported or drawn upon a highway, except that "vehicle" does20507
not include any motorized wheelchairswheelchair, devicesany20508
device that is moved by power collected from overhead electric20509
trolley wires, or that is used exclusively upon stationary rails20510
or tracks, and devicesor any device, other than bicyclesa20511
bicycle, that is moved by human power.20512

       (B) "Motor vehicle" means every vehicle propelled or drawn20513
by power other than muscular power or power collected from20514
overhead electric trolley wires, except motorized bicycles, road20515
rollers, traction engines, power shovels, power cranes, and other20516
equipment used in construction work and not designed for or20517
employed in general highway transportation, hole-digging20518
machinery, well-drilling machinery, ditch-digging machinery, farm20519
machinery, trailers used to transport agricultural produce or20520
agricultural production materials between a local place of storage20521
or supply and the farm when drawn or towed on a street or highway20522
at a speed of twenty-five miles per hour or less, threshing20523
machinery, hay-baling machinery, agricultural tractors and20524
machinery used in the production of horticultural, floricultural,20525
agricultural, and vegetable products, and trailers designed and20526
used exclusively to transport a boat between a place of storage20527
and a marina, or in and around a marina, when drawn or towed on a20528
street or highway for a distance of no more than ten miles and at20529
a speed of twenty-five miles per hour or less.20530

       (C) "Motorcycle" means every motor vehicle, other than a20531
tractor, having a saddle for the use of the operator and designed20532
to travel on not more than three wheels in contact with the20533
ground, including, but not limited to, motor vehicles known as20534
"motor-driven cycle," "motor scooter," or "motorcycle" without20535
regard to weight or brake horsepower.20536

       (D) "Emergency vehicle" means emergency vehicles of20537
municipal, township, or county departments or public utility20538
corporations when identified as such as required by law, the20539
director of public safety, or local authorities, and motor20540
vehicles when commandeered by a police officer.20541

       (E) "Public safety vehicle" means any of the following:20542

       (1) Ambulances, including private ambulance companies under20543
contract to a municipal corporation, township, or county, and20544
private ambulances and nontransport vehicles bearing license20545
plates issued under section 4503.49 of the Revised Code;20546

       (2) Motor vehicles used by public law enforcement officers20547
or other persons sworn to enforce the criminal and traffic laws of20548
the state;20549

       (3) Any motor vehicle when properly identified as required20550
by the director of public safety, when used in response to fire20551
emergency calls or to provide emergency medical service to ill or20552
injured persons, and when operated by a duly qualified person who20553
is a member of a volunteer rescue service or a volunteer fire20554
department, and who is on duty pursuant to the rules or directives20555
of that service. The state fire marshal shall be designated by20556
the director of public safety as the certifying agency for all20557
public safety vehicles described in division (E)(3) of this20558
section.20559

       (4) Vehicles used by fire departments, including motor20560
vehicles when used by volunteer fire fighters responding to20561
emergency calls in the fire department service when identified as20562
required by the director of public safety.20563

       Any vehicle used to transport or provide emergency medical20564
service to an ill or injured person, when certified as a public20565
safety vehicle, shall be considered a public safety vehicle when20566
transporting an ill or injured person to a hospital regardless of20567
whether such vehicle has already passed a hospital.20568

       (5) Vehicles used by the commercial motor vehicle safety20569
enforcement unit for the enforcement of orders and rules of the20570
public utilities commission as specified in section 5503.34 of the20571
Revised Code.20572

       (F) "School bus" means every bus designed for carrying more20573
than nine passengers that is owned by a public, private, or20574
governmental agency or institution of learning and operated for20575
the transportation of children to or from a school session or a20576
school function, or owned by a private person and operated for20577
compensation for the transportation of children to or from a20578
school session or a school function, provided "school bus" does20579
not include a bus operated by a municipally owned transportation20580
system, a mass transit company operating exclusively within the20581
territorial limits of a municipal corporation, or within such20582
limits and the territorial limits of municipal corporations20583
immediately contiguous to such municipal corporation, nor a common20584
passenger carrier certified by the public utilities commission20585
unless such bus is devoted exclusively to the transportation of20586
children to and from a school session or a school function, and20587
"school bus" does not include a van or bus used by a licensed20588
child day-care center or type A family day-care home to transport20589
children from the child day-care center or type A family day-care20590
home to a school if the van or bus does not have more than fifteen20591
children in the van or bus at any time.20592

       (G) "Bicycle" means every device, other than a tricycle20593
designed solely for use as a play vehicle by a child, propelled20594
solely by human power upon which any person may ride having either20595
two tandem wheels, or one wheel in the front and two wheels in the20596
rear, any of which is more than fourteen inches in diameter.20597

       (H) "Motorized bicycle" means any vehicle having either two20598
tandem wheels or one wheel in the front and two wheels in the20599
rear, that is capable of being pedaled and is equipped with a20600
helper motor of not more than fifty cubic centimeters piston20601
displacement that produces no more than one brake horsepower and20602
is capable of propelling the vehicle at a speed of no greater than20603
twenty miles per hour on a level surface.20604

       (I) "Commercial tractor" means every motor vehicle having20605
motive power designed or used for drawing other vehicles and not20606
so constructed as to carry any load thereon, or designed or used20607
for drawing other vehicles while carrying a portion of such other20608
vehicles, or load thereon, or both.20609

       (J) "Agricultural tractor" means every self-propelling20610
vehicle designed or used for drawing other vehicles or wheeled20611
machinery but having no provision for carrying loads independently20612
of such other vehicles, and used principally for agricultural20613
purposes.20614

       (K) "Truck" means every motor vehicle, except trailers and20615
semitrailers, designed and used to carry property.20616

       (L) "Bus" means every motor vehicle designed for carrying20617
more than nine passengers and used for the transportation of20618
persons other than in a ridesharing arrangement, and every motor20619
vehicle, automobile for hire, or funeral car, other than a taxicab20620
or motor vehicle used in a ridesharing arrangement, designed and20621
used for the transportation of persons for compensation.20622

       (M) "Trailer" means every vehicle designed or used for20623
carrying persons or property wholly on its own structure and for20624
being drawn by a motor vehicle, including any such vehicle when20625
formed by or operated as a combination of a "semitrailer" and a20626
vehicle of the dolly type, such as that commonly known as a20627
"trailer dolly," a vehicle used to transport agricultural produce20628
or agricultural production materials between a local place of20629
storage or supply and the farm when drawn or towed on a street or20630
highway at a speed greater than twenty-five miles per hour, and a20631
vehicle designed and used exclusively to transport a boat between20632
a place of storage and a marina, or in and around a marina, when20633
drawn or towed on a street or highway for a distance of more than20634
ten miles or at a speed of more than twenty-five miles per hour.20635

       (N) "Semitrailer" means every vehicle designed or used for20636
carrying persons or property with another and separate motor20637
vehicle so that in operation a part of its own weight or that of20638
its load, or both, rests upon and is carried by another vehicle.20639

       (O) "Pole trailer" means every trailer or semitrailer20640
attached to the towing vehicle by means of a reach, pole, or by20641
being boomed or otherwise secured to the towing vehicle, and20642
ordinarily used for transporting long or irregular shaped loads20643
such as poles, pipes, or structural members capable, generally, of20644
sustaining themselves as beams between the supporting connections.20645

       (P) "Railroad" means a carrier of persons or property20646
operating upon rails placed principally on a private right-of-way.20647

       (Q) "Railroad train" means a steam engine or an electric or20648
other motor, with or without cars coupled thereto, operated by a20649
railroad.20650

       (R) "Streetcar" means a car, other than a railroad train,20651
for transporting persons or property, operated upon rails20652
principally within a street or highway.20653

       (S) "Trackless trolley" means every car that collects its20654
power from overhead electric trolley wires and that is not20655
operated upon rails or tracks.20656

       (T) "Explosives" means any chemical compound or mechanical20657
mixture that is intended for the purpose of producing an explosion20658
that contains any oxidizing and combustible units or other20659
ingredients in such proportions, quantities, or packing that an20660
ignition by fire, by friction, by concussion, by percussion, or by20661
a detonator of any part of the compound or mixture may cause such20662
a sudden generation of highly heated gases that the resultant20663
gaseous pressures are capable of producing destructive effects on20664
contiguous objects, or of destroying life or limb. Manufactured20665
articles shall not be held to be explosives when the individual20666
units contain explosives in such limited quantities, of such20667
nature, or in such packing, that it is impossible to procure a20668
simultaneous or a destructive explosion of such units, to the20669
injury of life, limb, or property by fire, by friction, by20670
concussion, by percussion, or by a detonator, such as fixed20671
ammunition for small arms, firecrackers, or safety fuse matches.20672

       (U) "Flammable liquid" means any liquid that has a flash20673
point of seventy degrees Fahrenheit, or less, as determined by a20674
tagliabue or equivalent closed cup test device.20675

       (V) "Gross weight" means the weight of a vehicle plus the20676
weight of any load thereon.20677

       (W) "Person" means every natural person, firm,20678
co-partnership, association, or corporation.20679

       (X) "Pedestrian" means any natural person afoot.20680

       (Y) "Driver or operator" means every person who drives or is20681
in actual physical control of a vehicle, trackless trolley, or20682
streetcar.20683

       (Z) "Police officer" means every officer authorized to20684
direct or regulate traffic, or to make arrests for violations of20685
traffic regulations.20686

       (AA) "Local authorities" means every county, municipal, and20687
other local board or body having authority to adopt police20688
regulations under the constitution and laws of this state.20689

       (BB) "Street" or "highway" means the entire width between20690
the boundary lines of every way open to the use of the public as a20691
thoroughfare for purposes of vehicular travel.20692

       (CC) "Controlled-access highway" means every street or20693
highway in respect to which owners or occupants of abutting lands20694
and other persons have no legal right of access to or from the20695
same except at such points only and in such manner as may be20696
determined by the public authority having jurisdiction over such20697
street or highway.20698

       (DD) "Private road or driveway" means every way or place in20699
private ownership used for vehicular travel by the owner and those20700
having express or implied permission from the owner but not by20701
other persons.20702

       (EE) "Roadway" means that portion of a highway improved,20703
designed, or ordinarily used for vehicular travel, except the berm20704
or shoulder. If a highway includes two or more separate roadways20705
the term "roadway" means any such roadway separately but not all20706
such roadways collectively.20707

       (FF) "Sidewalk" means that portion of a street between the20708
curb lines, or the lateral lines of a roadway, and the adjacent20709
property lines, intended for the use of pedestrians.20710

       (GG) "Laned highway" means a highway the roadway of which is20711
divided into two or more clearly marked lanes for vehicular20712
traffic.20713

       (HH) "Through highway" means every street or highway as20714
provided in section 4511.65 of the Revised Code.20715

       (II) "State highway" means a highway under the jurisdiction20716
of the department of transportation, outside the limits of20717
municipal corporations, provided that the authority conferred upon20718
the director of transportation in section 5511.01 of the Revised20719
Code to erect state highway route markers and signs directing20720
traffic shall not be modified by sections 4511.01 to 4511.79 and20721
4511.99 of the Revised Code.20722

       (JJ) "State route" means every highway that is designated20723
with an official state route number and so marked.20724

       (KK) "Intersection" means:20725

       (1) The area embraced within the prolongation or connection20726
of the lateral curb lines, or, if none, then the lateral boundary20727
lines of the roadways of two highways which join one another at,20728
or approximately at, right angles, or the area within which20729
vehicles traveling upon different highways joining at any other20730
angle may come in conflict.20731

       (2) Where a highway includes two roadways thirty feet or20732
more apart, then every crossing of each roadway of such divided20733
highway by an intersecting highway shall be regarded as a separate20734
intersection. If an intersecting highway also includes two20735
roadways thirty feet or more apart, then every crossing of two20736
roadways of such highways shall be regarded as a separate20737
intersection.20738

       (3) The junction of an alley with a street or highway, or20739
with another alley, shall not constitute an intersection.20740

       (LL) "Crosswalk" means:20741

       (1) That part of a roadway at intersections ordinarily20742
included within the real or projected prolongation of property20743
lines and curb lines or, in the absence of curbs, the edges of the20744
traversable roadway;20745

       (2) Any portion of a roadway at an intersection or20746
elsewhere, distinctly indicated for pedestrian crossing by lines20747
or other markings on the surface;20748

       (3) Notwithstanding divisions (LL)(1) and (2) of this20749
section, there shall not be a crosswalk where local authorities20750
have placed signs indicating no crossing.20751

       (MM) "Safety zone" means the area or space officially set20752
apart within a roadway for the exclusive use of pedestrians and20753
protected or marked or indicated by adequate signs as to be20754
plainly visible at all times.20755

       (NN) "Business district" means the territory fronting upon a20756
street or highway, including the street or highway, between20757
successive intersections within municipal corporations where fifty20758
per cent or more of the frontage between such successive20759
intersections is occupied by buildings in use for business, or20760
within or outside municipal corporations where fifty per cent or20761
more of the frontage for a distance of three hundred feet or more20762
is occupied by buildings in use for business, and the character of20763
such territory is indicated by official traffic control devices.20764

       (OO) "Residence district" means the territory, not20765
comprising a business district, fronting on a street or highway,20766
including the street or highway, where, for a distance of three20767
hundred feet or more, the frontage is improved with residences or20768
residences and buildings in use for business.20769

       (PP) "Urban district" means the territory contiguous to and20770
including any street or highway which is built up with structures20771
devoted to business, industry, or dwelling houses situated at20772
intervals of less than one hundred feet for a distance of a20773
quarter of a mile or more, and the character of such territory is20774
indicated by official traffic control devices.20775

       (QQ) "Traffic control devices" means all flaggers, signs,20776
signals, markings, and devices placed or erected by authority of a20777
public body or official having jurisdiction, for the purpose of20778
regulating, warning, or guiding traffic, including signs denoting20779
names of streets and highways.20780

       (RR) "Traffic control signal" means any device, whether20781
manually, electrically, or mechanically operated, by which traffic20782
is alternately directed to stop, to proceed, to change direction,20783
or not to change direction.20784

       (SS) "Railroad sign or signal" means any sign, signal, or20785
device erected by authority of a public body or official or by a20786
railroad and intended to give notice of the presence of railroad20787
tracks or the approach of a railroad train.20788

       (TT) "Traffic" means pedestrians, ridden or herded animals,20789
vehicles, streetcars, trackless trolleys, and other devices,20790
either singly or together, while using any highway for purposes of20791
travel.20792

       (UU) "Right-of-way" means either of the following, as the20793
context requires:20794

       (1) The right of a vehicle, streetcar, trackless trolley, or20795
pedestrian to proceed uninterruptedly in a lawful manner in the20796
direction in which it or the individual is moving in preference to20797
another vehicle, streetcar, trackless trolley, or pedestrian20798
approaching from a different direction into its or the20799
individual's path;20800

       (2) A general term denoting land, property, or the interest20801
therein, usually in the configuration of a strip, acquired for or20802
devoted to transportation purposes. When used in this context,20803
right-of-way includes the roadway, shoulders or berm, ditch, and20804
slopes extending to the right-of-way limits under the control of20805
the state or local authority.20806

       (VV) "Rural mail delivery vehicle" means every vehicle used20807
to deliver United States mail on a rural mail delivery route.20808

       (WW) "Funeral escort vehicle" means any motor vehicle,20809
including a funeral hearse, while used to facilitate the movement20810
of a funeral procession.20811

       (XX) "Alley" means a street or highway intended to provide20812
access to the rear or side of lots or buildings in urban districts20813
and not intended for the purpose of through vehicular traffic, and20814
includes any street or highway that has been declared an "alley"20815
by the legislative authority of the municipal corporation in which20816
such street or highway is located.20817

       (YY) "Freeway" means a divided multi-lane highway for20818
through traffic with all crossroads separated in grade and with20819
full control of access.20820

       (ZZ) "Expressway" means a divided arterial highway for20821
through traffic with full or partial control of access with an20822
excess of fifty per cent of all crossroads separated in grade.20823

       (AAA) "Thruway" means a through highway whose entire roadway20824
is reserved for through traffic and on which roadway parking is20825
prohibited.20826

       (BBB) "Stop intersection" means any intersection at one or20827
more entrances of which stop signs are erected.20828

       (CCC) "Arterial street" means any United States or state20829
numbered route, controlled access highway, or other major radial20830
or circumferential street or highway designated by local20831
authorities within their respective jurisdictions as part of a20832
major arterial system of streets or highways.20833

       (DDD) "Ridesharing arrangement" means the transportation of20834
persons in a motor vehicle where such transportation is incidental20835
to another purpose of a volunteer driver and includes ridesharing20836
arrangements known as carpools, vanpools, and buspools.20837

       (EEE) "Motorized wheelchair" means any self-propelled20838
vehicle designed for, and used by, a handicapped person and that20839
is incapable of a speed in excess of eight miles per hour.20840

       (FFF) "Child day-care center" and "type A family day-care20841
home" have the same meanings as in section 5104.01 of the Revised20842
Code.20843

       (GGG) "Multi-wheel agricultural tractor" means a type of20844
agricultural tractor that has two or more wheels or tires on each20845
side of one axle at the rear of the tractor, is designed or used20846
for drawing other vehicles or wheeled machinery, has no provision20847
for carrying loads independently of the drawn vehicles or20848
machinery, and is used principally for agricultural purposes.20849

       (HHH)"Operate" means to cause or have caused movement of a20850
vehicle, streetcar, or trackless trolley on any public or private20851
property used by the public for purposes of vehicular travel or20852
parking.20853

       (III) "Predicate motor vehicle or traffic offense" means any20854
of the following:20855

       (1) A violation of section 4511.03, 4511.051, 4511.12,20856
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,20857
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,20858
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,20859
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,20860
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,20861
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,20862
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,20863
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,20864
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,20865
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;20866

       (2) A violation of division (A)(2) of section 4511.17,20867
divisions (A) to (D) of section 4511.51, or division (A) of20868
section 4511.74 of the Revised Code;20869

       (3) A violation of any provision of sections 4511.01 to20870
4511.76 of the Revised Code for which no penalty otherwise is20871
provided in the section that contains the provision violated;20872

       (4) A violation of a municipal ordinance that is20873
substantially similar to any section or provision set forth or20874
described in division (III)(1), (2), or (3) of this section.20875

       Sec. 4511.03. (A) The driver of any emergency vehicle or20876
public safety vehicle, when responding to an emergency call, upon20877
approaching a red or stop signal or any stop sign shall slow down20878
as necessary for safety to traffic, but may proceed cautiously20879
past such red or stop sign or signal with due regard for the20880
safety of all persons using the street or highway.20881

       (B)Except as otherwise provided in this division, whoever20882
violates this section is guilty of a minor misdemeanor. If,20883
within one year of the offense, the offender previously has been20884
convicted of or pleaded guilty to one predicate motor vehicle or20885
traffic offense, whoever violates this section is guilty of a20886
misdemeanor of the fourth degree. If, within one year of the20887
offense, the offender previously has been convicted of two or more20888
predicate motor vehicle or traffic offenses, whoever violates this20889
section is guilty of a misdemeanor of the third degree.20890

       Sec. 4511.051. (A) No person, unless otherwise directed by20891
a police officer, shall:20892

       (A)(1) As a pedestrian, occupy any space within the limits20893
of the right-of-way of a freeway, except: in a rest area; on a20894
facility that is separated from the roadway and shoulders of the20895
freeway and is designed and appropriately marked for pedestrian20896
use; in the performance of public works or official duties; as a20897
result of an emergency caused by an accident or breakdown of a20898
motor vehicle; or to obtain assistance;20899

       (B)(2) Occupy any space within the limits of the20900
right-of-way of a freeway, with: an animal-drawn vehicle; a20901
ridden or led animal; herded animals; a pushcart; a bicycle,20902
except on a facility that is separated from the roadway and20903
shoulders of the freeway and is designed and appropriately marked20904
for bicycle use; a bicycle with motor attached; a motor driven20905
cycle with a motor which produces not to exceed five brake20906
horsepower; an agricultural tractor; farm machinery; except in the20907
performance of public works or official duties.20908

       (B)Except as otherwise provided in this division, whoever20909
violates this section is guilty of a minor misdemeanor. If,20910
within one year of the offense, the offender previously has been20911
convicted of or pleaded guilty to one predicate motor vehicle or20912
traffic offense, whoever violates this section is guilty of a20913
misdemeanor of the fourth degree. If, within one year of the20914
offense, the offender previously has been convicted of two or more20915
predicate motor vehicle or traffic offenses, whoever violates this20916
section is guilty of a misdemeanor of the third degree.20917

       Sec. 4511.11.  (A) Local authorities in their respective20918
jurisdictions shall place and maintain traffic control devices in20919
accordance with the department of transportation manual and20920
specifications for a uniform system of traffic control devices,20921
adopted under section 4511.09 of the Revised Code, upon highways20922
under their jurisdiction as are necessary to indicate and to carry20923
out sections 4511.01 to 4511.76 and 4511.99 of the Revised Code,20924
local traffic ordinances, or to regulate, warn, or guide traffic.20925

       (B) The director of transportation may require to be removed20926
any traffic control device that does not conform to the manual and20927
specifications for a uniform system of traffic control devices on20928
the extensions of the state highway system within municipal20929
corporations.20930

       (C) No village shall place or maintain any traffic control20931
signal upon an extension of the state highway system within the20932
village without first obtaining the permission of the director. 20933
The director may revoke the permission and may require to be20934
removed any traffic control signal that has been erected without20935
histhe director's permission on an extension of a state highway20936
within a village, or that, if erected under a permit granted by20937
the director, does not conform to the state manual and20938
specifications, or that is not operated in accordance with the20939
terms of the permit.20940

       (D) All traffic control devices erected on a public road,20941
street, or alley, shall conform to the state manual and20942
specifications.20943

       (E) No person, firm, or corporation shall sell or offer for20944
sale to local authorities any traffic control device that does not20945
conform to the state manual and specifications, except by20946
permission of the director.20947

       (F) No local authority shall purchase or manufacture any20948
traffic control device that does not conform to the state manual20949
and specifications, except by permission of the director.20950

       (G)Whoever violates division (E) of this section is guilty20951
of a misdemeanor of the third degree.20952

       Sec. 4511.12. (A) No pedestrian, driver of a vehicle, or20953
operator of a streetcar or trackless trolley shall disobey the20954
instructions of any traffic control device placed in accordance20955
with this chapter, unless at the time otherwise directed by a20956
police officer.20957

       No provision of this chapter for which signs are required20958
shall be enforced against an alleged violator if at the time and20959
place of the alleged violation an official sign is not in proper20960
position and sufficiently legible to be seen by an ordinarily20961
observant person. Whenever a particular section of this chapter20962
does not state that signs are required, that section shall be20963
effective even though no signs are erected or in place.20964

       (B)Except as otherwise provided in this division, whoever20965
violates this section is guilty of a minor misdemeanor. If,20966
within one year of the offense, the offender previously has been20967
convicted of or pleaded guilty to one predicate motor vehicle or20968
traffic offense, whoever violates this section is guilty of a20969
misdemeanor of the fourth degree. If, within one year of the20970
offense, the offender previously has been convicted of two or more20971
predicate motor vehicle or traffic offenses, whoever violates this20972
section is guilty of a misdemeanor of the third degree.20973

       Sec. 4511.132. (A) The driver of a vehicle, streetcar, or20974
trackless trolley who approaches an intersection where traffic is20975
controlled by traffic control signals shall do all of the20976
following, if the signal facing himthe driver either exhibits no20977
colored lights or colored lighted arrows or exhibits a combination20978
of such lights or arrows that fails to clearly indicate the20979
assignment of right-of-way:20980

       (A)(1) Stop at a clearly marked stop line, but if none, stop20981
before entering the crosswalk on the near side of the20982
intersection, or, if none, stop before entering the intersection;20983

       (B)(2) Yield the right-of-way to all vehicles, streetcars,20984
or trackless trolleys in the intersection or approaching on an20985
intersecting road, if the vehicles, streetcars, or trackless20986
trolleys will constitute an immediate hazard during the time the20987
driver is moving across or within the intersection or junction of20988
roadways;20989

       (C)(3) Exercise ordinary care while proceeding through the20990
intersection.20991

       (B)Except as otherwise provided in this division, whoever20992
violates this section is guilty of a minor misdemeanor. If,20993
within one year of the offense, the offender previously has been20994
convicted of or pleaded guilty to one predicate motor vehicle or20995
traffic offense, whoever violates this section is guilty of a20996
misdemeanor of the fourth degree. If, within one year of the20997
offense, the offender previously has been convicted of two or more20998
predicate motor vehicle or traffic offenses, whoever violates this20999
section is guilty of a misdemeanor of the third degree.21000

       Sec. 4511.16. (A) No person shall place, maintain, or21001
display upon or in view of any highway any unauthorized sign,21002
signal, marking, or device which purports to be, is an imitation21003
of, or resembles a traffic control device or railroad sign or21004
signal, or which attempts to direct the movement of traffic or21005
hides from view or interferes with the effectiveness of any21006
traffic control device or any railroad sign or signal, and no21007
person shall place or maintain, nor shall any public authority21008
permit, upon any highway any traffic sign or signal bearing21009
thereon any commercial advertising. This section does not21010
prohibit either the erection upon private property adjacent to21011
highways of signs giving useful directional information and of a21012
type that cannot be mistaken for traffic control devices or the21013
erection upon private property of traffic control devices by the21014
owner of real property in accordance with sections 4511.211 and21015
4511.432 of the Revised Code.21016

       Every such prohibited sign, signal, marking, or device is a21017
public nuisance, and the authority having jurisdiction over the21018
highway may remove it or cause it to be removed.21019

       (B)Except as otherwise provided in this division, whoever21020
violates this section is guilty of a minor misdemeanor. If,21021
within one year of the offense, the offender previously has been21022
convicted of or pleaded guilty to one predicate motor vehicle or21023
traffic offense, whoever violates this section is guilty of a21024
misdemeanor of the fourth degree. If, within one year of the21025
offense, the offender previously has been convicted of two or more21026
predicate motor vehicle or traffic offenses, whoever violates this21027
section is guilty of a misdemeanor of the third degree.21028

       Sec. 4511.17. (A) No person, without lawful authority,21029
shall do any of the following:21030

       (A) knowingly(1)Knowingly move, deface, damage, destroy,21031
or otherwise improperly tamper with any traffic control device,21032
any railroad sign or signal, or any inscription, shield, or21033
insignia on the device, sign, or signal, or any part of the21034
device, sign, or signal;21035

       (B) knowingly(2)Knowingly drive upon or over any freshly21036
applied pavement marking material on the surface of a roadway21037
while the marking materiel is in an undried condition and is21038
marked by flags, markers, signs, or other devices intended to21039
protect it;21040

       (C) knowingly(3)Knowingly move, damage, destroy, or21041
otherwise improperly tamper with a manhole cover.21042

       (B)(1)Except as otherwise provided in this division, whoever21043
violates division (A)(1) or (3) of this section is guilty of a21044
misdemeanor of the third degree. If a violation of division21045
(A)(1) or (3) of this section creates a risk of physical harm to21046
any person, the offender is guilty of a misdemeanor of the first21047
degree. If a violation of division (A)(1) or (3) of this section21048
causes serious physical harm to property that is owned, leased, or21049
controlled by a state or local authority, the offender is guilty21050
of a felony of the fifth degree.21051

       (2) Except as otherwise provided in this division, whoever21052
violates division (A)(2) of this section is guilty of a minor21053
misdemeanor. If, within one year of the offense, the offender21054
previously has been convicted of or pleaded guilty to one21055
predicate motor vehicle or traffic offense, whoever violates21056
division (A)(2) of this section is guilty of a misdemeanor of the21057
fourth degree. If, within one year of the offense, the offender21058
previously has been convicted of two or more predicate motor21059
vehicle or traffic offenses, whoever violates division (A)(2) of21060
this section is guilty of a misdemeanor of the third degree.21061

       Sec. 4511.18.  (A) As used in this section, "traffic control21062
device" means any sign, traffic control signal, or other device21063
conforming to and placed or erected in accordance with the manual21064
adopted under section 4511.09 of the Revised Code by authority of21065
a public body or official having jurisdiction, for the purpose of21066
regulating, warning, or guiding traffic, including signs denoting21067
the names of streets and highways, but does not mean any pavement21068
marking.21069

       (B) No individual shall buy or otherwise possess, or sell, a21070
traffic control device, except when one of the following applies:21071

       (1) In the course of histhe individual's employment by the21072
state or a local authority for the express or implied purpose of21073
manufacturing, providing, erecting, moving, or removing such a21074
traffic control device;21075

       (2) In the course of histhe individual's employment by any21076
manufacturer of traffic control devices other than a state or21077
local authority;21078

       (3) For the purpose of demonstrating the design and function21079
of a traffic control device to state or local officials;21080

       (4) When the traffic control device has been purchased from21081
the state or a local authority at a sale of property that is no21082
longer needed or is unfit for use;21083

       (5) The traffic control device has been properly purchased21084
from a manufacturer for use on private property and the person21085
possessing the device has a sales receipt for the device or other21086
acknowledgment of sale issued by the manufacturer.21087

       (C) This section does not preclude, and shall not be21088
construed as precluding, prosecution for theft in violation of21089
section 2913.02 of the Revised Code or a municipal ordinance21090
relating to theft, or for receiving stolen property in violation21091
of section 2913.51 of the Revised Code or a municipal ordinance21092
relating to receiving stolen property.21093

       (D)Whoever violates this section is guilty of a misdemeanor21094
of the third degree.21095

       Sec. 4511.181.  As used in sections 4511.181 to 4511.197 of21096
the Revised Code:21097

       (A) "Equivalent offense" means any of the following:21098

       (1) A violation of division (A) or (B) of section 4511.19 of21099
the Revised Code;21100

       (2) A violation of a municipal OVI ordinance;21101

       (3) A violation of section 2903.04 of the Revised Code in a21102
case in which the offender was subject to the sanctions described21103
in division (D) of that section;21104

       (4) A violation of division (A)(1) of section 2903.06 or21105
2903.08 of the Revised Code or a municipal ordinance that is21106
substantially equivalent to either of those divisions;21107

       (5) A violation of division (A)(2), (3), or (4) of section21108
2903.06, division (A)(2) of section 2903.08, or former section21109
2903.07 of the Revised Code, or a municipal ordinance that is21110
substantially equivalent to any of those divisions or that former21111
section, in a case in which a judge or jury as the trier of fact21112
found that the offender was under the influence of alcohol, a drug21113
of abuse, or a combination of them; 21114

       (6) A violation of an existing or former municipal21115
ordinance, law of another state, or law of the United States that21116
is substantially equivalent to division (A) or (B) of section21117
4511.19 of the Revised Code;21118

       (7) A violation of a former law of this state that was21119
substantially equivalent to division (A) or (B) of section 4511.1921120
of the Revised Code. 21121

       (B) "Mandatory jail term" means the mandatory term in jail of21122
three, six, ten, twenty, thirty, or sixty days that must be21123
imposed under division (G)(1)(a), (b), or (c) of section 4511.1921124
of the Revised Code upon an offender convicted of a violation of21125
division (A) of that section and in relation to which all of the21126
following apply:21127

       (1) Except as specifically authorized under section 4511.1921128
of the Revised Code, the term must be served in a jail.21129

       (2) Except as specifically authorized under section 4511.1921130
of the Revised Code, the term cannot be suspended, reduced, or21131
otherwise modified pursuant to section 2929.51, 2951.02, or any21132
other provision of the Revised Code.21133

       (C) "Municipal OVI ordinance" and "municipal OVI offense"21134
mean any municipal ordinance prohibiting a person from operating a21135
vehicle while under the influence of alcohol, a drug of abuse, or21136
a combination of them or prohibiting a person from operating a21137
vehicle with a prohibited concentration of alcohol in the whole21138
blood, blood serum or plasma, breath, or urine.21139

       (D) "Community residential sanction," "jail," "mandatory21140
prison term," "mandatory term of local incarceration," "sanction,"21141
and "prison term" have the same meanings as in section 2929.01 of21142
the Revised Code.21143

       Sec. 4511.19.  (A) No person shall operate any vehicle,21144
streetcar, or trackless trolley within this state, if,at the time21145
of the operation, any of the following apply:21146

       (1) The person is under the influence of alcohol, a drug of21147
abuse, or alcohol and a drug of abusecombination of them;21148

       (2) The person has a concentration of ten-hundredths of one21149
per cent or more but less than seventeen-hundredths of one per21150
cent by weight per unit volume of alcohol in the person's whole21151
blood;21152

       (3) The person has a concentration of twelve-hundredths of21153
one per cent or more but less than two hundred four-thousandths of21154
one per cent by weight per unit volume of alcohol in the person's21155
blood serum or plasma;21156

       (4) The person has a concentration of ten-hundredths of one21157
gram or more but less than seventeen-hundredths of one gram by21158
weight of alcohol per two hundred ten liters of the person's21159
breath;21160

       (4)(5) The person has a concentration of fourteen-hundredths21161
of one gram or more but less than two hundred21162
thirty-eight-thousandths of one gram by weight of alcohol per one21163
hundred milliliters of the person's urine;21164

       (5)(6) The person has a concentration of21165
seventeen-hundredths of one per cent or more by weight per unit21166
volume of alcohol in the person's whole blood;21167

       (6)(7)The person has a concentration of two hundred21168
four-thousandths of one per cent or more by weight per unit volume21169
of alcohol in the person's blood serum or plasma;21170

       (8) The person has a concentration of seventeen-hundredths21171
of one gram or more by weight of alcohol per two hundred ten21172
liters of the person's breath;21173

       (7)(9) The person has a concentration of two hundred21174
thirty-eight-thousandths of one gram or more by weight of alcohol21175
per one hundred milliliters of the person's urine.21176

       (B) No person under twenty-one years of age shall operate21177
any vehicle, streetcar, or trackless trolley within this state,21178
if,at the time of the operation, any of the following apply:21179

       (1) The person has a concentration of at least21180
two-hundredths of one per cent but less than ten-hundredths of one21181
per cent by weight per unit volume of alcohol in the person's21182
whole blood;21183

       (2) The person has a concentration of at least21184
three-hundredths of one per cent but less than twelve-hundredths21185
of one per cent by weight per unit volume of alcohol in the21186
person's blood serum or plasma;21187

       (3) The person has a concentration of at least21188
two-hundredths of one gram but less than ten-hundredths of one21189
gram by weight of alcohol per two hundred ten liters of the21190
person's breath;21191

       (3)(4) The person has a concentration of at least21192
twenty-eight one-thousandths of one gram but less than21193
fourteen-hundredths of one gram by weight of alcohol per one21194
hundred milliliters of the person's urine.21195

       (C) In any proceeding arising out of one incident, a person21196
may be charged with a violation of division (A)(1) and a violation21197
of division (B)(1), (2), or (3) of this section, but the person21198
may not be convicted of more than one violation of these21199
divisions.21200

       (D)(1) In any criminal prosecution or juvenile court21201
proceeding for a violation of this section, of a municipal21202
ordinance relating to operating a vehicle while under the21203
influence of alcohol, a drug of abuse, or alcohol and a drug of21204
abuse, or of a municipal ordinance relating to operating a vehicle21205
with a prohibited concentration of alcohol in the blood, breath,21206
or urineor for an equivalent offense, the court may admit21207
evidence on the concentration of alcohol, drugs of abuse, or21208
alcohol and drugs of abusea combination of them in the21209
defendant's whole blood, blood serum or plasma, breath, urine, or21210
other bodily substance at the time of the alleged violation as21211
shown by chemical analysis of the defendant's blood, urine,21212
breath, or other bodily substance withdrawn within two hours of21213
the time of the alleged violation.21214

       When a person submits to a blood test at the request of a21215
policelaw enforcement officer under section 4511.191 of the21216
Revised Code, only a physician, a registered nurse, or a qualified21217
technician or, chemist,or phlebotomist shall withdraw blood for21218
the purpose of determining itsthe alcohol, drug, or alcohol and21219
drug content of the whole blood, blood serum, or blood plasma.21220
This limitation does not apply to the taking of breath or urine21221
specimens. A physician, a registered nurse, or a qualified21222
technician or chemistperson authorized to withdraw blood under21223
this division may refuse to withdraw blood for the purpose of21224
determining the alcohol, drug, or alcohol and drug content of the21225
bloodunder this division, if in thethat person's opinion of the21226
physician, nurse, technician, or chemist, the physical welfare of21227
the person would be endangered by the withdrawing of blood.21228

       SuchThe bodily substance withdrawn shall be analyzed in21229
accordance with methods approved by the director of health by an21230
individual possessing a valid permit issued by the director of21231
health pursuant to section 3701.143 of the Revised Code.21232

       (2) In a criminal prosecution or juvenile court proceeding21233
for a violation of division (A) of this section, of a municipal21234
ordinance relating to operating a vehicle while under the21235
influence of alcohol, a drug of abuse, or alcohol and a drug of21236
abuse, or of a municipal ordinance substantially equivalent to21237
division (A) of this section relating to operating a vehicle with21238
a prohibited concentration of alcohol in the blood, breath, or21239
urineor for an equivalent offense, if there was at the time the21240
bodily substance was withdrawn a concentration of less than21241
ten-hundredths of one per cent by weight of alcohol in the21242
defendant's blood, less than ten-hundredths of one gram by weight21243
of alcohol per two hundred ten liters of the defendant's breath,21244
or less than fourteen-hundredths of one gram by weight of alcohol21245
per one hundred milliliters of the defendant's urine, suchthe21246
applicable concentration of alcohol specified in divisions (A)(2),21247
(3), (4), and (5) of this section, that fact may be considered21248
with other competent evidence in determining the guilt or21249
innocence of the defendant. This division does not limit or21250
affect a criminal prosecution or juvenile court proceeding for a21251
violation of division (B) of this section or of a municipal21252
ordinancefor an equivalent offense that is substantially21253
equivalent to that division (B) of this section relating to21254
operating a vehicle with a prohibited concentration of alcohol in21255
the blood, breath, or urine.21256

       (3) Upon the request of the person who was tested, the21257
results of the chemical test shall be made available to the person21258
or the person's attorney or agent, immediately upon the completion21259
of the chemical test analysis.21260

       The person tested may have a physician, a registered nurse,21261
or a qualified technician or, chemist,or phlebotomist of the21262
person's own choosing administer a chemical test or tests,at the21263
person's expense, in addition to any administered at the request21264
of a policelaw enforcement officer, and shall be so advised. The21265
form to be read to the person to be tested, as required under21266
section 4511.192 of the Revised Code, shall state that the person21267
may have an independent test performed at the person's expense.21268
The failure or inability to obtain an additional chemical test by21269
a person shall not preclude the admission of evidence relating to21270
the chemical test or tests taken at the request of a policelaw21271
enforcement officer.21272

       (4) Any(E)(1)Subject to division (E)(3) of this section,21273
in any criminal prosecution or juvenile court proceeding for a21274
violation of division (A)(2), (3), (4), (5), (6), (7), (8), or (9)21275
or (B)(1), (2), (3), or (4) of this section or for an equivalent21276
offense that is substantially equivalent to any of those21277
divisions, a laboratory report from any forensic laboratory21278
certified by the department of health that contains an analysis of21279
the whole blood, blood serum or plasma, breath, urine, or other21280
bodily substance tested and that contains all of the information21281
specified in this division shall be admitted as prima-facie21282
evidence of the information and statements that the report21283
contains. The laboratory report shall contain all of the21284
following:21285

       (a) The signature, under oath, of any person who performed21286
the analysis;21287

       (b) Any findings as to the identity and quantity of alcohol,21288
a drug of abuse, or a combination of them that was found;21289

       (c) A copy of a notarized statement by the laboratory21290
director or a designee of the director that contains the name of21291
each certified analyst or test performer involved with the report,21292
the analyst's or test performer's employment relationship with the21293
laboratory that issued the report, and a notation that performing21294
an analysis of the type involved is part of the analyst's or test21295
performer's regular duties;21296

       (d) An outline of the analyst's or test performer's21297
education, training, and experience in performing the type of21298
analysis involved and a certification that the laboratory21299
satisfies appropriate quality control standards in general and, in21300
this particular analysis, under rules of the department of health.21301

       (2) Notwithstanding any other provision of law regarding the21302
admission of evidence, a report of the type described in division21303
(E)(1) of this section is not admissible against the defendant to21304
whom it pertains in any proceeding, other than a preliminary21305
hearing or a grand jury proceeding, unless the prosecutor has21306
served a copy of the report on the defendant's attorney or, if the21307
defendant has no attorney, on the defendant.21308

       (3) A report of the type described in division (E)(1) of21309
this section shall not be prima-facie evidence of the contents,21310
identity, or amount of any substance if, within seven days after21311
the defendant to whom the report pertains or the defendant's21312
attorney receives a copy of the report, the defendant or the21313
defendant's attorney demands the testimony of the person who21314
signed the report. The judge in the case may extend the seven-day21315
time limit in the interest of justice.21316

       (F) Except as otherwise provided in this division, any21317
physician, registered nurse, or qualified technician or, chemist,21318
or phlebotomist who withdraws blood from a person pursuant to this21319
section, and any hospital, first-aid station, or clinic at which21320
blood is withdrawn from a person pursuant to this section, is21321
immune from criminal liability, and from civil liability that is21322
based upon a claim of assault and battery or based upon any other21323
claim that is not in the nature of a claim of malpractice, for any21324
act performed in withdrawing blood from the person. The immunity21325
provided in this division is not available to a person who21326
withdraws blood if the person engages in willful or wanton21327
misconduct.21328

       (G)(1) Whoever violates any provision of divisions (A)(1) to21329
(9) of this section is guilty of operating a vehicle under the21330
influence of alcohol, a drug of abuse, or a combination of them.21331
The court shall sentence the offender under Chapter 2929. of the21332
Revised Code, except as otherwise authorized or required by21333
divisions (G)(1)(a) to (e) of this section:21334

       (a) Except as otherwise provided in division (G)(1)(b), (c),21335
(d), or (e) of this section, the offender is guilty of a21336
misdemeanor of the first degree, and the court shall sentence the21337
offender to all of the following:21338

       (i) If the sentence is being imposed for a violation of21339
division (A)(1), (2), (3), (4), or (5) of this section, a21340
mandatory jail term of three consecutive days. As used in this21341
division, three consecutive days means seventy-two consecutive21342
hours. The court may sentence an offender to both an intervention21343
program and a jail term. The court may impose a jail term in21344
addition to the three-day mandatory jail term or intervention21345
program. However, in no case shall the cumulative jail term21346
imposed for the offense exceed six months.21347

       The court may suspend the execution of the three-day jail21348
term under this division if the court, in lieu of that suspended21349
term, places the offender on probation and requires the offender21350
to attend, for three consecutive days, a drivers' intervention21351
program certified under section 3793.10 of the Revised Code. The21352
court also may suspend the execution of any part of the three-day21353
jail term under this division if it places the offender on21354
probation for part of the three days, requires the offender to21355
attend for the suspended part of the term a drivers' intervention21356
program so certified, and sentences the offender to a jail term21357
equal to the remainder of the three consecutive days that the21358
offender does not spend attending the program. The court may21359
require the offender, as a condition of probation and in addition21360
to the required attendance at a drivers' intervention program, to21361
attend and satisfactorily complete any treatment or education21362
programs that comply with the minimum standards adopted pursuant21363
to Chapter 3793. of the Revised Code by the director of alcohol21364
and drug addiction services that the operators of the drivers'21365
intervention program determine that the offender should attend and21366
to report periodically to the court on the offender's progress in21367
the programs. The court also may impose on the offender any other21368
conditions of probation that it considers necessary.21369

       (ii) If the sentence is being imposed for a violation of21370
division (A)(6), (7), (8), or (9) of this section, except as21371
otherwise provided in this division, a mandatory jail term of at21372
least three consecutive days and a requirement that the offender21373
attend, for three consecutive days, a drivers' intervention21374
program that is certified pursuant to section 3793.10 of the21375
Revised Code. As used in this division, three consecutive days21376
means seventy-two consecutive hours. If the court determines that21377
the offender is not conducive to treatment in a drivers'21378
intervention program, if the offender refuses to attend a drivers'21379
intervention program, or if the jail at which the offender is to21380
serve the jail term imposed can provide a driver's intervention21381
program, the court shall sentence the offender to a mandatory jail21382
term of at least six consecutive days. 21383

       The court may require the offender, as a condition of21384
probation, to attend and satisfactorily complete any treatment or21385
education programs that comply with the minimum standards adopted21386
pursuant to Chapter 3793. of the Revised Code by the director of21387
alcohol and drug addiction services, in addition to the required21388
attendance at drivers' intervention program, that the operators of21389
the drivers' intervention program determine that the offender21390
should attend and to report periodically to the court on the21391
offender's progress in the programs. The court also may impose21392
any other conditions of probation on the offender that it21393
considers necessary.21394

       (iii) In all cases, a fine of not less than two hundred fifty21395
and not more than one thousand dollars;21396

       (iv) In all cases, a class five license suspension of the21397
offender's driver's or commercial driver's license or permit or21398
nonresident operating privilege from the range specified in21399
division (A)(5) of section 4510.02 of the Revised Code. The court21400
may grant limited driving privileges relative to the suspension21401
under sections 4510.021 and 4510.13 of the Revised Code.21402

       (b) Except as otherwise provided in division (G)(1)(e) of21403
this section, an offender who, within six years of the offense,21404
previously has been convicted of or pleaded guilty to one21405
violation of division (A) or (B) of this section or one other21406
equivalent offense is guilty of a misdemeanor of the first degree.21407
The court shall sentence the offender to all of the following:21408

       (i) If the sentence is being imposed for a violation of21409
division (A)(1), (2), (3), (4), or (5) of this section, a21410
mandatory jail term of ten consecutive days. The court shall21411
impose the ten-day mandatory jail term under this division unless,21412
subject to division (G)(3) of this section, it instead imposes a21413
sentence under that division consisting of both a jail term and a21414
term of electronically monitored house arrest. The court may21415
impose a jail term in addition to the ten-day mandatory jail term.21416
The cumulative jail term imposed for the offense shall not exceed21417
six months.21418

       In addition to the jail term or the term of electronically21419
monitored house arrest and jail term, the court may require the21420
offender to attend a drivers' intervention program that is21421
certified pursuant to section 3793.10 of the Revised Code. If the21422
operator of the program determines that the offender is alcohol21423
dependent, the program shall notify the court, and, subject to21424
division (I) of this section, the court shall order the offender21425
to obtain treatment through an alcohol and drug addiction program21426
authorized by section 3793.02 of the Revised Code.21427

       (ii) If the sentence is being imposed for a violation of21428
division (A)(6), (7), (8), or (9) of this section, except as21429
otherwise provided in this division, a mandatory jail term of21430
twenty consecutive days. The court shall impose the twenty-day21431
mandatory jail term under this division unless, subject to21432
division (G)(3) of this section, it instead imposes a sentence21433
under that division consisting of both a jail term and a term of21434
electronically monitored house arrest. The court may impose a21435
jail term in addition to the twenty-day mandatory jail term. The21436
cumulative jail term imposed for the offense shall not exceed six21437
months.21438

       In addition to the jail term or the term of electronically21439
monitored house arrest and jail term, the court may require the21440
offender to attend a driver's intervention program that is21441
certified pursuant to section 3793.10 of the Revised Code. If the21442
operator of the program determines that the offender is alcohol21443
dependent, the program shall notify the court, and, subject to21444
division (I) of this section, the court shall order the offender21445
to obtain treatment through an alcohol and drug addiction program21446
authorized by section 3793.02 of the Revised Code.21447

       (iii) In all cases, notwithstanding the fines set forth in21448
Chapter 2929. of the Revised Code, a fine of not less than three21449
hundred fifty and not more than one thousand five hundred dollars;21450

       (iv) In all cases, a class four license suspension of the21451
offender's driver's license, commercial driver's license,21452
temporary instruction permit, probationary license, or nonresident21453
operating privilege from the range specified in division (A)(4) of21454
section 4510.02 of the Revised Code. The court may grant limited21455
driving privileges relative to the suspension under sections21456
4510.021 and 4510.13 of the Revised Code.21457

       (v) In all cases, if the vehicle is registered in the21458
offender's name, immobilization of the vehicle involved in the21459
offense for ninety days in accordance with section 4503.233 of the21460
Revised Code and impoundment of the license plates of that vehicle21461
for ninety days.21462

       (c) Except as otherwise provided in division (G)(1)(e) of21463
this section, an offender who, within six years of the offense,21464
previously has been convicted of or pleaded guilty to two21465
violations of division (A) or (B) of this section or other21466
equivalent offenses is guilty of a misdemeanor. The court shall21467
sentence the offender to all of the following:21468

       (i) If the sentence is being imposed for a violation of21469
division (A)(1), (2), (3), (4), or (5) of this section, a21470
mandatory jail term of thirty consecutive days. The court shall21471
impose the thirty-day mandatory jail term under this division21472
unless, subject to division (G)(3) of this section, it instead21473
imposes a sentence under that division consisting of both a jail21474
term and a term of electronically monitored house arrest. The21475
court may impose a jail term in addition to the thirty-day21476
mandatory jail term. Notwithstanding the terms of imprisonment set21477
forth in Chapter 2929. of the Revised Code, the additional jail21478
term shall not exceed one year, and the cumulative jail term21479
imposed for the offense shall not exceed one year.21480

       (ii) If the sentence is being imposed for a violation of21481
division (A)(6), (7), (8), or (9) of this section, a mandatory21482
jail term of sixty consecutive days. The court shall impose the21483
sixty-day mandatory jail term under this division unless, subject21484
to division (G)(3) of this section, it instead imposes a sentence21485
under that division consisting of both a jail term and a term of21486
electronically monitored house arrest. The court may impose a21487
jail term in addition to the sixty-day mandatory jail term. 21488
Notwithstanding the terms of imprisonment set forth in Chapter21489
2929. of the Revised Code, the additional jail term shall not21490
exceed one year, and the cumulative jail term imposed for the21491
offense shall not exceed one year.21492

       (iii) In all cases, notwithstanding the fines set forth in21493
Chapter 2929. of the Revised Code, a fine of not less than five21494
hundred fifty and not more than two thousand five hundred dollars;21495

       (iv) In all cases, a class three license suspension of the21496
offender's driver's license, commercial driver's license,21497
temporary instruction permit, probationary license, or nonresident21498
operating privilege from the range specified in division (A)(3) of21499
section 4510.02 of the Revised Code. The court may grant limited21500
driving privileges relative to the suspension under sections21501
4510.021 and 4510.13 of the Revised Code.21502

       (v) In all cases, if the vehicle is registered in the21503
offender's name, criminal forfeiture of the vehicle involved in21504
the offense in accordance with section 4503.234 of the Revised21505
Code. Division (G)(6) of this section applies regarding any21506
vehicle that is subject to an order of criminal forfeiture under21507
this division.21508

       (vi) In all cases, participation in an alcohol and drug21509
addiction program authorized by section 3793.02 of the Revised21510
Code, subject to division (I) of this section.21511

       (d) Except as otherwise provided in division (G)(1)(e) of21512
this section, an offender who, within six years of the offense,21513
previously has been convicted of or pleaded guilty to three or21514
more violations of division (A) or (B) of this section or other21515
equivalent offenses is guilty of a felony of the fourth degree.21516
The court shall sentence the offender to all of the following:21517

       (i) If the sentence is being imposed for a violation of21518
division (A)(1), (2), (3), (4), or (5) of this section, in the21519
discretion of the court, either a mandatory term of local21520
incarceration of sixty consecutive days in accordance with21521
division (G)(1) of section 2929.13 of the Revised Code or a21522
mandatory prison term of sixty consecutive days of imprisonment in21523
accordance with division (G)(2) of that section. If the court21524
imposes a mandatory term of local incarceration, it may impose a21525
jail term in addition to the sixty-day mandatory term, the21526
cumulative total of the mandatory term and the jail term for the21527
offense shall not exceed one year, and no prison term is21528
authorized for the offense. If the court imposes a mandatory21529
prison term, notwithstanding division (A)(4) of section 2929.14 of21530
the Revised Code, it also may sentence the offender to a definite21531
prison term that shall be not less than six months and not more21532
than thirty months, the prison terms shall be imposed as described21533
in division (G)(2) of section 2929.13 of the Revised Code, and no21534
term of local incarceration, community residential sanction, or21535
nonresidential sanction is authorized for the offense.21536

       (ii) If the sentence is being imposed for a violation of21537
division (A)(6), (7), (8), or (9) of this section, in the21538
discretion of the court, either a mandatory term of local21539
incarceration of one hundred twenty consecutive days in accordance21540
with division (G)(1) of section 2929.13 of the Revised Code or a21541
mandatory prison term of one hundred twenty consecutive days in21542
accordance with division (G)(2) of that section. If the court21543
imposes a mandatory term of local incarceration, it may impose a21544
jail term in addition to the one hundred twenty-day mandatory21545
term, the cumulative total of the mandatory term and the jail term21546
for the offense shall not exceed one year, and no prison term is21547
authorized for the offense. If the court imposes a mandatory21548
prison term, notwithstanding division (A)(4) of section 2929.14 of21549
the Revised Code, it also may sentence the offender to a definite21550
prison term that shall be not less than six months and not more21551
than thirty months, the prison terms shall be imposed as described21552
in division (G)(2) of section 2929.13 of the Revised Code, and no21553
term of local incarceration, community residential sanction, or21554
nonresidential sanction is authorized for the offense.21555

       (iii) In all cases, notwithstanding section 2929.18 of the21556
Revised Code, a fine of not less than eight hundred nor more than21557
ten thousand dollars;21558

       (iv) In all cases, a class two license suspension of the21559
offender's driver's license, commercial driver's license,21560
temporary instruction permit, probationary license, or nonresident21561
operating privilege from the range specified in division (A)(2) of21562
section 4510.02 of the Revised Code. The court may grant limited21563
driving privileges relative to the suspension under sections21564
4510.021 and 4510.13 of the Revised Code.21565

       (v) In all cases, if the vehicle is registered in the21566
offender's name, criminal forfeiture of the vehicle involved in21567
the offense in accordance with section 4503.234 of the Revised21568
Code. Division (G)(6) of this section applies regarding any21569
vehicle that is subject to an order of criminal forfeiture under21570
this division.21571

       (vi) In all cases, participation in an alcohol and drug21572
addiction program authorized by section 3793.02 of the Revised21573
Code, subject to division (I) of this section.21574

       (vii) In all cases, if the court sentences the offender to a21575
mandatory term of local incarceration, in addition to the21576
mandatory term, the court, pursuant to section 2929.17 of the21577
Revised Code, may impose a term of electronically monitored house21578
arrest. The term shall not commence until after the offender has21579
served the mandatory term of local incarceration.21580

       (e) An offender who previously has been convicted of or21581
pleaded guilty to a violation of division (A) of this section that21582
was a felony, regardless of when the violation and the conviction21583
or guilty plea occurred, is guilty of a felony of the third21584
degree. The court shall sentence the offender to all of the21585
following:21586

       (i) If the offender is being sentenced for a violation of21587
division (A)(1), (2), (3), (4), or (5) of this section, a21588
mandatory prison term of sixty consecutive days in accordance with21589
division (G)(2) of section 2929.13 of the Revised Code. The court21590
may impose a prison term in addition to the sixty-day mandatory21591
prison term. The cumulative total of the mandatory prison term21592
and the additional prison term for the offense shall not exceed21593
five years. No term of local incarceration, community residential21594
sanction, or nonresidential sanction is authorized for the21595
offense. 21596

       (ii) If the sentence is being imposed for a violation of21597
division (A)(6), (7), (8), or (9) of this section, a mandatory21598
prison term of one hundred twenty consecutive days in accordance21599
with division (G)(2) of section 2929.13 of the Revised Code. The21600
court may impose a prison term in addition to the one hundred21601
twenty-day mandatory prison term. The cumulative total of the21602
mandatory prison term and the additional prison term for the21603
offense shall not exceed five years. No term of local21604
incarceration, community residential sanction, or nonresidential21605
sanction is authorized for the offense.21606

       (iii) In all cases, notwithstanding section 2929.18 of the21607
Revised Code, a fine of not less than eight hundred nor more than21608
ten thousand dollars;21609

       (iv) In all cases, a class two license suspension of the21610
offender's driver's license, commercial driver's license,21611
temporary instruction permit, probationary license, or nonresident21612
operating privilege from the range specified in division (A)(2) of21613
section 4510.02 of the Revised Code. The court may grant limited21614
driving privileges relative to the suspension under sections21615
4510.021 and 4510.13 of the Revised Code.21616

       (v) In all cases, if the vehicle is registered in the21617
offender's name, criminal forfeiture of the vehicle involved in21618
the offense in accordance with section 4503.234 of the Revised21619
Code. Division (G)(6) of this section applies regarding any21620
vehicle that is subject to an order of criminal forfeiture under21621
this division.21622

       (vi) In all cases, participation in an alcohol and drug21623
addiction program authorized by section 3793.02 of the Revised21624
Code, subject to division (I) of this section.21625

       (2) An offender who is convicted of or pleads guilty to a21626
violation of division (A) of this section and who subsequently21627
seeks reinstatement of the driver's or occupational driver's21628
license or permit or nonresident operating privilege suspended21629
under this section as a result of the conviction or guilty plea21630
shall pay a reinstatement fee as provided in division (F)(2) of21631
section 4511.191 of the Revised Code.21632

       (3) If an offender is sentenced to a jail term under21633
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this21634
section and if, within sixty days of sentencing of the offender,21635
the court issues a written finding on the record that, due to the21636
unavailability of space at the jail where the offender is required21637
to serve the term, the offender will not be able to begin serving21638
that term within the sixty-day period following the date of21639
sentencing, the court may impose an alternative sentence under21640
this division that includes a term of electronically monitored21641
house arrest, as defined in section 2929.23 of the Revised Code.21642

       As an alternative to a mandatory jail term of ten consecutive21643
days required by division (G)(1)(b)(i) of this section, the court,21644
under this division, may sentence theoffender to five consecutive21645
days in jail and not less than eighteen consecutive days of21646
electronically monitored house arrest. The cumulative total of21647
the five consecutive days in jail and the period of electronically21648
monitored house arrest shall not exceed six months. The five21649
consecutive days in jail do not have to be served prior to or21650
consecutively to the period of house arrest.21651

       As an alternative to the mandatory jail term of twenty21652
consecutive days required by division (G)(1)(b)(ii) of this21653
section, the court, under this division, may sentence the offender21654
to ten consecutive days in jail and not less than thirty-six21655
consecutive days of electronically monitored house arrest. The21656
cumulative total of the ten consecutive days in jail and the21657
period of electronically monitored house arrest shall not exceed21658
six months. The ten consecutive days in jail do not have to be21659
served prior to or consecutively to the period of house arrest.21660

       As an alternative to a mandatory jail term of thirty21661
consecutive days required by division (G)(1)(c)(i) of this21662
section, the court, under this division, may sentence the offender21663
to fifteen consecutive days in jail and not less than fifty-five21664
consecutive days of electronically monitored house arrest. The21665
cumulative total of the fifteen consecutive days in jail and the21666
period of electronically monitored house arrest shall not exceed21667
one year. The fifteen consecutive days in jaildo not have to be21668
served prior to or consecutively to the period of house arrest.21669

       As an alternative to the mandatory jail term of sixty21670
consecutive days required by division (G)(1)(c)(ii) of this21671
section, the court, under this division, may sentence the offender21672
to thirty consecutive days in jail and not less than one hundred21673
ten consecutive days of electronically monitored house arrest. The21674
cumulative total of the thirty consecutive days in jail and the21675
period of electronically monitored house arrest shall not exceed21676
one year. The thirty consecutive days in jail do not have to be21677
served prior to or consecutively to the period of house arrest.21678

       (4) If an offender's driver's or occupational driver's21679
license or permit or nonresident operating privilege is suspended21680
under division (G) of this section and if section 4510.13 of the21681
Revised Code permits the court to grant limited driving21682
privileges, the court may grant the limited driving privileges21683
only if the court imposes as one of the conditions of the21684
privileges that the offender must display on the vehicle that is21685
driven subject to the privileges restricted license plates that21686
are issued under section 4503.231 of the Revised Code, except as21687
provided in division (B) of that section.21688

       (5) Fines imposed under this section for a violation of21689
division (A) of this section shall be distributed as follows:21690

       (a) Twenty-five dollars of the fine imposed under division21691
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under21692
division (G)(1)(b)(iii), one hundred twenty-three dollars of the21693
fine imposed under division (G)(1)(c)(iii), and two hundred ten21694
dollars of the fine imposed under division (G)(1)(d)(iii) or21695
(e)(iii) of this section shall be paid to an enforcement and21696
education fund established by the legislative authority of the law21697
enforcement agency in this state that primarily was responsible21698
for the arrest of the offender, as determined by the court that21699
imposes the fine. The agency shall use this share to pay only21700
those costs it incurs in enforcing this section or a municipal OVI21701
ordinance and in informing the public of the laws governing the21702
operation of a vehicle while under the influence of alcohol, the21703
dangers of the operation of a vehicle under the influence of21704
alcohol, and other information relating to the operation of a21705
vehicle under the influence of alcohol and the consumption of21706
alcoholic beverages. 21707

       (b) Fifty dollars of the fine imposed under division21708
(G)(1)(a)(iii) of this section shall be paid to the political21709
subdivision that pays the cost of housing the offender during the21710
offender's term of incarceration. If the offender is being21711
sentenced for a violation of division (A)(1), (2), (3), (4), or21712
(5) of this section and was confined as a result of the offense21713
prior to being sentenced for the offense but is not sentenced to a21714
term of incarceration, the fifty dollars shall be paid to the21715
political subdivision that paid the cost of housing the offender21716
during that period of confinement. The political subdivision21717
shall use the share under this division to pay or reimburse21718
incarceration or treatment costs it incurs in housing or providing21719
drug and alcohol treatment to persons who violate this section or21720
a municipal OVI ordinance, costs of any immobilizing or disabling21721
device used on the offender's vehicle, and costs of electronic21722
house arrest equipment needed for persons who violate this21723
section.21724

       (c) Twenty-five dollars of the fine imposed under division21725
(G)(1)(a)(iii) and fifty dollars of the fine imposed under21726
division (G)(1)(b)(iii) of this section shall be deposited into21727
the county or municipal indigent drivers' alcohol treatment fund21728
under the control of that court, as created by the county or21729
municipal corporation under division (N) of section 4511.191 of21730
the Revised Code.21731

       (d) One hundred fifteen dollars of the fine imposed under21732
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the21733
fine imposed under division (G)(1)(c)(iii), and four hundred forty21734
dollars of the fine imposed under division (G)(1)(d)(iii) or21735
(e)(iii) of this section shall be paid to the political21736
subdivision that pays the cost of housing the offender during the21737
offender's term of incarceration. The political subdivision shall21738
use this share to pay or reimburse incarceration or treatment21739
costs it incurs in housing or providing drug and alcohol treatment21740
to persons who violate this section or a municipal OVI ordinance,21741
costs for any immobilizing or disabling device used on the21742
offender's vehicle, and costs of electronic house arrest equipment21743
needed for persons who violate this section.21744

       (e) The balance of the fine imposed under division21745
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this21746
section shall be disbursed as otherwise provided by law.21747

       (6) If title to a motor vehicle that is subject to an order21748
of criminal forfeiture under division (G)(1)(c), (d), or (e) of21749
this section is assigned or transferred and division (B)(2) or (3)21750
of section 4503.234 of the Revised Code applies, in addition to or21751
independent of any other penalty established by law, the court may21752
fine the offender the value of the vehicle as determined by21753
publications of the national auto dealers association. The21754
proceeds of any fine so imposed shall be distributed in accordance21755
with division (C)(2) of that section.21756

       (H) Whoever violates division (B) of this section is guilty21757
of operating a vehicle after underage alcohol consumption and21758
shall be punished as follows:21759

       (1) Except as otherwise provided in division (H)(2) of this21760
section, the offender is guilty of a misdemeanor of the fourth21761
degree. In addition to any other sanction imposed for the21762
offense, the court shall impose a class six suspension of the21763
offender's driver's license, commercial driver's license,21764
temporary instruction permit, probationary license, or nonresident21765
operating privilege from the range specified in division (A)(6) of21766
section 4510.02 of the Revised Code.21767

       (2) If, within one year of the offense, the offender21768
previously has been convicted of or pleaded guilty to one or more21769
violations of division (A) or (B) of this section or other21770
equivalent offense offenses, the offender is guilty of a21771
misdemeanor of the third degree. In addition to any other21772
sanction imposed for the offense, the court shall impose a class21773
four suspension of the offender's driver's license, commercial21774
driver's license, temporary instruction permit, probationary21775
license, or nonresident operating privilege from the range21776
specified in division (A)(4) of section 4510.02 of the Revised21777
Code.21778

       (I)(1) No court shall sentence an offender to an alcohol21779
treatment program under this section unless the treatment program21780
complies with the minimum standards for alcohol treatment programs21781
adopted under Chapter 3793. of the Revised Code by the director of21782
alcohol and drug addiction services.21783

       (2) An offender who stays in a drivers' intervention program21784
or in an alcohol treatment program under an order issued under21785
this section shall pay the cost of the stay in the program.21786
However, if the court determines that an offender who stays in an21787
alcohol treatment program under an order issued under this section21788
is unable to pay the cost of the stay in the program, the court21789
may order that the cost be paid from the court's indigent drivers'21790
alcohol treatment fund.21791

       (J) If a person whose driver's or commercial driver's license21792
or permit or nonresident operating privilege is suspended under21793
this section files an appeal regarding any aspect of the person's21794
trial or sentence, the appeal itself does not stay the operation21795
of the suspension.21796

       (K) All terms defined in sections 4510.01 of the Revised Code21797
apply to this section. If the meaning of a term defined in21798
section 4510.01 of the Revised Code conflicts with the meaning of21799
the same term as defined in section 4501.01 or 4511.01 of the21800
Revised Code, the term as defined in section 4510.01 of the21801
Revised Code applies to this section.21802

       (L)(1) The Ohio Traffic Rules in effect on the effective date21803
of this amendment, as adopted by the supreme court under authority21804
of section 2937.46 of the Revised Code, do not apply to felony21805
violations of this section. Subject to division (L)(2) of this21806
section, the Rules of Criminal Procedure apply to felony21807
violations of this section.21808

       (2) If, on or after the effective date of this amendment,21809
the supreme court modifies the Ohio Traffic Rules to provide21810
procedures to govern felony violations of this section, the21811
modified rules shall apply to felony violations of this section.21812

       Sec. 4511.191.  (A)(1) "Physical control" has the same21813
meaning as in section 4511.194 of the Revised Code.21814

       (2) Any person who operates a vehicle, streetcar, or21815
trackless trolley upon a highway or any public or private property21816
used by the public for vehicular travel or parking within this21817
state or who is in physical control of a vehicle, streetcar, or21818
trackless trolley shall be deemed to have given consent to a21819
chemical test or tests of the person's whole blood, blood serum or21820
plasma, breath, or urine for the purpose of determiningto21821
determine the alcohol, drug, or alcohol and drug content of the21822
person's whole blood, blood serum or plasma, breath, or urine if21823
arrested for operating a vehicle while under the influence of21824
alcohol, a drug of abuse, or alcohol and a drug of abuse or for21825
operating a vehicle with a prohibited concentration of alcohol in21826
the blood, breath, or urine. Thea violation of division (A) or21827
(B) of section 4511.19 of the Revised Code, section 4511.194 of21828
the Revised Code, or a municipal OVI ordinance.21829

       (3) The chemical test or tests under division (A)(2) of this21830
section shall be administered at the request of a policelaw21831
enforcement officer having reasonable grounds to believe the21832
person to have beenwas operating or in physical control of a21833
vehicle upon a highway or any public or private property used by21834
the public for vehicular travel or parking in this state while21835
under the influence of alcohol, a drug of abuse, or alcohol and a21836
drug of abuse or with a prohibited concentration of alcohol in the21837
blood, breath, or urine, streetcar, or trackless trolley in21838
violation of a division, section, or ordinance identified in21839
division (A)(2) of this section. The law enforcement agency by21840
which the officer is employed shall designate which of the tests21841
shall be administered.21842

       (B)(4) Any person who is dead or unconscious, or who is21843
otherwise is in a condition rendering the person incapable of21844
refusal, shall be deemed not to have withdrawn consentconsented21845
as provided byin division (A)(2) of this section, and the test or21846
tests may be administered, subject to sections 313.12 to 313.16 of21847
the Revised Code.21848

       (C)(1) Any person under arrest for operating a vehicle while21849
under the influence of alcohol, a drug of abuse, or alcohol and a21850
drug of abuse or for operating a vehicle with a prohibited21851
concentration of alcohol in the blood, breath, or urine shall be21852
advised at a police station, or at a hospital, first-aid station,21853
or clinic to which the person has been taken for first-aid or21854
medical treatment, of both of the following:21855

       (a) The consequences, as specified in division (E) of this21856
section, of the person's refusal to submit upon request to a21857
chemical test designated by the law enforcement agency as provided21858
in division (A) of this section;21859

       (b) The consequences, as specified in division (F) of this21860
section, of the person's submission to the designated chemical21861
test if the person is found to have a prohibited concentration of21862
alcohol in the blood, breath, or urine.21863

       (2)(a) The advice given pursuant to division (C)(1) of this21864
section shall be in a written form containing the information21865
described in division (C)(2)(b) of this section and shall be read21866
to the person. The form shall contain a statement that the form21867
was shown to the person under arrest and read to the person in the21868
presence of the arresting officer and either another police21869
officer, a civilian police employee, or an employee of a hospital,21870
first-aid station, or clinic, if any, to which the person has been21871
taken for first-aid or medical treatment. The witnesses shall21872
certify to this fact by signing the form.21873

       (b) The form required by division (C)(2)(a) of this section21874
shall read as follows:21875

       "You now are under arrest for operating a vehicle while under21876
the influence of alcohol, a drug of abuse, or both alcohol and a21877
drug of abuse and will be requested by a police officer to submit21878
to a chemical test to determine the concentration of alcohol,21879
drugs of abuse, or alcohol and drugs of abuse in your blood,21880
breath, or urine.21881

       If you refuse to submit to the requested test or if you21882
submit to the requested test and are found to have a prohibited21883
concentration of alcohol in your blood, breath, or urine, your21884
driver's or commercial driver's license or permit or nonresident21885
operating privilege immediately will be suspended for the period21886
of time specified by law by the officer, on behalf of the21887
registrar of motor vehicles. You may appeal this suspension at21888
your initial appearance before the court that hears the charges21889
against you resulting from the arrest, and your initial appearance21890
will be conducted no later than five days after the arrest. This21891
suspension is independent of the penalties for the offense, and21892
you may be subject to other penalties upon conviction."21893

       (D)(1) If a person under arrest as described in division21894
(C)(1) of this section is not asked by a police officer to submit21895
to a chemical test designated as provided in division (A) of this21896
section, the arresting officer shall seize the Ohio or21897
out-of-state driver's or commercial driver's license or permit of21898
the person and immediately forward the seized license or permit to21899
the court in which the arrested person is to appear on the charge21900
for which the person was arrested. If the arrested person does21901
not have the person's driver's or commercial driver's license or21902
permit on the person's self or in the person's vehicle, the21903
arresting officer shall order the arrested person to surrender it21904
to the law enforcement agency that employs the officer within21905
twenty-four hours after the arrest, and, upon the surrender, the21906
officer's employing agency immediately shall forward the license21907
or permit to the court in which the arrested person is to appear21908
on the charge for which the person was arrested. Upon receipt of21909
the license or permit, the court shall retain it pending the21910
initial appearance of the arrested person and any action taken21911
under section 4511.196 of the Revised Code.21912

       If a person under arrest as described in division (C)(1) of21913
this section is asked by a police officer to submit to a chemical21914
test designated as provided in division (A) of this section and is21915
advised of the consequences of the person's refusal or submission21916
as provided in division (C) of this section and if the person21917
either refuses to submit to the designated chemical test or the21918
person submits to the designated chemical test and the test21919
results indicate that the person's blood contained a concentration21920
of ten-hundredths of one per cent or more by weight of alcohol,21921
the person's breath contained a concentration of ten-hundredths of21922
one gram or more by weight of alcohol per two hundred ten liters21923
of the person's breath, or the person's urine contained a21924
concentration of fourteen-hundredths of one gram or more by weight21925
of alcohol per one hundred milliliters of the person's urine at21926
the time of the alleged offense, the arresting officer shall do21927
all of the following:21928

       (a) On behalf of the registrar, serve a notice of suspension21929
upon the person that advises the person that, independent of any21930
penalties or sanctions imposed upon the person pursuant to any21931
other section of the Revised Code or any other municipal21932
ordinance, the person's driver's or commercial driver's license or21933
permit or nonresident operating privilege is suspended, that the21934
suspension takes effect immediately, that the suspension will last21935
at least until the person's initial appearance on the charge that21936
will be held within five days after the date of the person's21937
arrest or the issuance of a citation to the person, and that the21938
person may appeal the suspension at the initial appearance; seize21939
the Ohio or out-of-state driver's or commercial driver's license21940
or permit of the person; and immediately forward the seized21941
license or permit to the registrar. If the arrested person does21942
not have the person's driver's or commercial driver's license or21943
permit on the person's self or in the person's vehicle, the21944
arresting officer shall order the person to surrender it to the21945
law enforcement agency that employs the officer within twenty-four21946
hours after the service of the notice of suspension, and, upon the21947
surrender, the officer's employing agency immediately shall21948
forward the license or permit to the registrar.21949

       (b) Verify the current residence of the person and, if it21950
differs from that on the person's driver's or commercial driver's21951
license or permit, notify the registrar of the change;21952

       (c) In addition to forwarding the arrested person's driver's21953
or commercial driver's license or permit to the registrar, send to21954
the registrar, within forty-eight hours after the arrest of the21955
person, a sworn report that includes all of the following21956
statements:21957

       (i) That the officer had reasonable grounds to believe that,21958
at the time of the arrest, the arrested person was operating a21959
vehicle upon a highway or public or private property used by the21960
public for vehicular travel or parking within this state while21961
under the influence of alcohol, a drug of abuse, or alcohol and a21962
drug of abuse or with a prohibited concentration of alcohol in the21963
blood, breath, or urine;21964

       (ii) That the person was arrested and charged with operating21965
a vehicle while under the influence of alcohol, a drug of abuse,21966
or alcohol and a drug of abuse or with operating a vehicle with a21967
prohibited concentration of alcohol in the blood, breath, or21968
urine;21969

       (iii) That the officer asked the person to take the21970
designated chemical test, advised the person of the consequences21971
of submitting to the chemical test or refusing to take the21972
chemical test, and gave the person the form described in division21973
(C)(2) of this section;21974

       (iv) That the person refused to submit to the chemical test21975
or that the person submitted to the chemical test and the test21976
results indicate that the person's blood contained a concentration21977
of ten-hundredths of one per cent or more by weight of alcohol,21978
the person's breath contained a concentration of ten-hundredths of21979
one gram or more by weight of alcohol per two hundred ten liters21980
of the person's breath, or the person's urine contained a21981
concentration of fourteen-hundredths of one gram or more by weight21982
of alcohol per one hundred milliliters of the person's urine at21983
the time of the alleged offense;21984

       (v) That the officer served a notice of suspension upon the21985
person as described in division (D)(1)(a) of this section.21986

       (2) The sworn report of an arresting officer completed under21987
division (D)(1)(c) of this section shall be given by the officer21988
to the arrested person at the time of the arrest or sent to the21989
person by regular first class mail by the registrar as soon21990
thereafter as possible, but no later than fourteen days after21991
receipt of the report. An arresting officer may give an unsworn21992
report to the arrested person at the time of the arrest provided21993
the report is complete when given to the arrested person and21994
subsequently is sworn to by the arresting officer. As soon as21995
possible, but no later than forty-eight hours after the arrest of21996
the person, the arresting officer shall send a copy of the sworn21997
report to the court in which the arrested person is to appear on21998
the charge for which the person was arrested.21999

       (3) The sworn report of an arresting officer completed and22000
sent to the registrar and the court under divisions (D)(1)(c) and22001
(D)(2) of this section is prima-facie proof of the information and22002
statements that it contains and shall be admitted and considered22003
as prima-facie proof of the information and statements that it22004
contains in any appeal under division (H) of this section relative22005
to any suspension of a person's driver's or commercial driver's22006
license or permit or nonresident operating privilege that results22007
from the arrest covered by the report.22008

       (E)(B)(1) Upon receipt of the sworn report of an arrestinga22009
law enforcement officer who arrested a person for a violation of22010
division (A) or (B) of section 4511.19 of the Revised Code,22011
section 4511.194 of the Revised Code, or a municipal OVI ordinance22012
that was completed and sent to the registrar and a court pursuant22013
to divisions (D)(1)(c) and (D)(2) of this section 4511.192 of the22014
Revised Code in regard to a person who refused to take the22015
designated chemical test, the registrar shall enter into the22016
registrar's records the fact that the person's driver's or22017
commercial driver's license or permit or nonresident operating22018
privilege was suspended by the arresting officer under division22019
(D)(1)(a) of this division and that section and the period of the22020
suspension, as determined under divisions (E)(1)(a) to (d) of this22021
section. The suspension shall be subject to appeal as provided in22022
this section and4511.197 of the Revised Code. The suspension22023
shall be for whichever of the following periods applies:22024

       (a) If the arrested person, within five years of the date on22025
which the person refused the request to consent to the chemical22026
test, had not refused a previous request to consent to a chemical22027
test of the person's blood, breath, or urine to determine its22028
alcohol contentExcept when division (B)(1)(b), (c), or (d) of22029
this section applies and specifies a different class or length of22030
suspension, the period of suspension shall be one year. If the22031
person is a resident without a license or permit to operate a22032
vehicle within this state, the registrar shall deny to the person22033
the issuance of a driver's or commercial driver's license or22034
permit for a period of one year after the date of the alleged22035
violationa class C suspension for the period of time specified in22036
division (B)(3) of section 4510.02 of the Revised Code.22037

       (b) If the arrested person, within fivesix years of the22038
date on which the person refused the request to consent to the22039
chemical test, had refused one previous request to consent to a22040
chemical test of the person's blood, breath, or urine to determine22041
its alcohol content, the period of suspension or denial shall be22042
two yearsa class B suspension imposed for the period of time22043
specified in division (B)(2) of section 4510.02 of the Revised22044
Code.22045

       (c) If the arrested person, within fivesix years of the22046
date on which the person refused the request to consent to the22047
chemical test, had refused two previous requests to consent to a22048
chemical test of the person's blood, breath, or urine to determine22049
its alcohol content, the period of suspension or denial shall be22050
three yearsa class A suspension imposed for the period of time22051
specified in division (B)(1) of section 4510.02 of the Revised22052
Code.22053

       (d) If the arrested person, within fivesix years of the22054
date on which the person refused the request to consent to the22055
chemical test, had refused three or more previous requests to22056
consent to a chemical test of the person's blood, breath, or urine22057
to determine its alcohol content, the period of suspension or22058
denial shall be for five years.22059

       (2) The suspension or denial imposed under division (E)(1)22060
of this section shall continue for the entire one-year, two-year,22061
three-year, or five-year period, subject to appeal as provided in22062
this section and subject to termination as provided in division22063
(K) of this section.22064

       (F)(2)The registrar shall terminate a suspension of the22065
driver's or commercial driver's license or permit of a resident or22066
of the operating privilege of a nonresident, or a denial of a22067
driver's or commercial driver's license or permit, imposed22068
pursuant to division (B)(1) of this section upon receipt of notice22069
that the person has entered a plea of guilty to, or has been22070
convicted of, operating a vehicle in violation of section 4511.1922071
of the Revised Code or in violation of a municipal OVI ordinance,22072
if the offense for which the conviction is had or the plea is22073
entered arose from the same incident that led to the suspension or22074
denial.22075

       The registrar shall credit against any judicial suspension of22076
a person's driver's or commercial driver's license or permit or22077
nonresident operating privilege imposed pursuant to section22078
4511.19 of the Revised Code, or pursuant to section 4510.07 of the22079
Revised Code for a violation of a municipal OVI ordinance, any22080
time during which the person serves a related suspension imposed22081
pursuant to division (B)(1) of this section.22082

       (C)(1) Upon receipt of the sworn report of an arrestinglaw22083
enforcement officer who arrested a person for a violation of22084
division (A) or (B) of section 4511.19 of the Revised Code or a22085
municipal OVI ordinance that was completed and sent to the22086
registrar and a court pursuant to divisions (D)(1)(c) and (D)(2)22087
of this section 4511.192 of the Revised Code in regard to a person22088
whose test results indicate that the person's whole blood, blood22089
serum or plasma, breath, or urine contained aat least the22090
concentration of ten-hundredths of one per cent or more by weight22091
of alcohol, the person's breath contained a concentration of22092
ten-hundredths of one gram or more by weight of alcohol per two22093
hundred ten liters of the person's breath, or the person's urine22094
contained a concentration of fourteen-hundredths of one gram or22095
more by weight of alcohol per one hundred milliliters of the22096
person's urine at the time of the alleged offensespecified in22097
division (A)(2), (3), (4), or (5) of section 4511.19 of the22098
Revised Code, the registrar shall enter into the registrar's22099
records the fact that the person's driver's or commercial driver's22100
license or permit or nonresident operating privilege was suspended22101
by the arresting officer under division (D)(1)(a) of this division22102
and section 4511.192 of the Revised Code and the period of the22103
suspension, as determined under divisions (F)(1) to (4) of this22104
section. The suspension shall be subject to appeal as provided in22105
this section and4511.197 of the Revised Code. The suspension22106
described in this division does not apply to, and shall not be22107
imposed upon, a person arrested for a violation of section22108
4511.194 of the Revised Code who submits to a designated chemical22109
test. The suspension shall be for whichever of the following22110
periods that applies:22111

       (1)(a) Except when division (F)(2), (3), or (4)(C)(1)(b),22112
(c), or (d) of this section applies and specifies a different22113
period of suspension or denial, the period of the suspension or22114
denial shall be ninety daysa class E suspension imposed for the22115
period of time specified in division (B)(5) of section 4510.02 of22116
the Revised Code.22117

       (2)(b) The period of suspension or denial shall be one year22118
a class C suspension for the period of time specified in division22119
(B)(3) of section 4510.02 of the Revised Code if the person has22120
been convicted of or pleaded guilty to, within six years of the22121
date the test was conducted, of aone violation of one of the22122
following:22123

       (a) Divisiondivision (A) or (B) of section 4511.19 of the22124
Revised Code;22125

       (b) A municipal ordinance relating to operating a vehicle22126
while under the influence of alcohol, a drug of abuse, or alcohol22127
and a drug of abuse;22128

       (c) A municipal ordinance relating to operating a vehicle22129
with a prohibited concentration of alcohol in the blood, breath,22130
or urine;22131

       (d) Section 2903.04 of the Revised Code in a case in which22132
the offender was subject to the sanctions described in division22133
(D) of that section;22134

       (e) Division (A)(1) of section 2903.06 or division (A)(1) of22135
section 2903.08 of the Revised Code or a municipal ordinance that22136
is substantially similar to either of those divisions;22137

       (f) Division (A)(2), (3), or (4) of section 2903.06,22138
division (A)(2) of section 2903.08, or former section 2903.07 of22139
the Revised Code, or a municipal ordinance that is substantially22140
similar to any of those divisions or that former section, in a22141
case in which the jury or judge found that at the time of the22142
commission of the offense the offender was under the influence of22143
alcohol, a drug of abuse, or alcohol and a drug of abuse;22144

       (g) A statute of the United States or of any other state or22145
a municipal ordinance of a municipal corporation located in any22146
other state that is substantially similar to division (A) or (B)22147
of section 4511.19 of the Revised Codeor one other equivalent22148
offense.22149

       (3)(c) If the person has been convicted, within six years of22150
the date the test was conducted, ofthe person has been convicted22151
of or pleaded guilty to two violations of a statute or ordinance22152
described in division (F)(2)(C)(1)(b) of this section, the period22153
of the suspension or denial shall be two yearsa class B22154
suspension imposed for the period of time specified in division22155
(B)(2) of section 4510.02 of the Revised Code.22156

       (4)(d) If the person has been convicted, within six years of22157
the date the test was conducted, ofthe person has been convicted22158
of or pleaded guilty to more than two violations of a statute or22159
ordinance described in division (F)(2)(C)(1)(b) of this section,22160
the period of the suspension or denial shall be three yearsa22161
class A suspension imposed for the period of time specified in22162
division (B)(1) of section 4510.02 of the Revised Code.22163

       (2) The registrar shall terminate a suspension of the22164
driver's or commercial driver's license or permit of a resident or22165
of the operating privilege of a nonresident, or a denial of a22166
driver's or commercial driver's license or permit, imposed22167
pursuant to division (C)(1) of this section upon receipt of notice22168
that the person has entered a plea of guilty to, or has been22169
convicted of, operating a vehicle in violation of section 4511.1922170
of the Revised Code or in violation of a municipal OVI ordinance,22171
if the offense for which the conviction is had or the plea is22172
entered arose from the same incident that led to the suspension or22173
denial.22174

       The registrar shall credit against any judicial suspension of22175
a person's driver's or commercial driver's license or permit or22176
nonresident operating privilege imposed pursuant to section22177
4511.19 of the Revised Code, or pursuant to section 4510.07 of the22178
Revised Code for a violation of a municipal OVI ordinance, any22179
time during which the person serves a related suspension imposed22180
pursuant to division (C)(1) of this section.22181

       (G)(D)(1) A suspension of a person's driver's or commercial22182
driver's license or permit or nonresident operating privilege22183
under division (D)(1)(a) of this section for the period of time22184
described in division (E)(B) or (F)(C) of this section is22185
effective immediately from the time at which the arresting officer22186
serves the notice of suspension upon the arrested person. Any22187
subsequent finding that the person is not guilty of the charge22188
that resulted in the person being requested to take, or in the22189
person taking, the chemical test or tests under division (A) of22190
this section affectsdoes not affect the suspension only as22191
described in division (H)(2) of this section.22192

       (2) If a person is arrested for operating a vehicle while22193
under the influence of alcohol, a drug of abuse, or alcohol and a22194
drug of abuse or for operating a vehicle with a prohibited22195
concentration of alcohol in the blood, breath, or urine and,22196
streetcar, or trackless trolley in violation of division (A) or22197
(B) of section 4511.19 of the Revised Code or a municipal OVI22198
ordinance, or for being in physical control of a vehicle,22199
streetcar, or trackless trolley in violation of section 4511.19422200
of the Revised Code, regardless of whether the person's driver's22201
or commercial driver's license or permit or nonresident operating22202
privilege is or is not suspended under division (E)(B) or (F)(C)22203
of this section or Chapter 4510. of the Revised Code, the person's22204
initial appearance on the charge resulting from the arrest shall22205
be held within five days of the person's arrest or the issuance of22206
the citation to the person, subject to any continuance granted by22207
the court pursuant to division (H)(1) of this section 4511.197 of22208
the Revised Code regarding the issues specified in that division.22209

       (H)(1) If a person is arrested for operating a vehicle while22210
under the influence of alcohol, a drug of abuse, or alcohol and a22211
drug of abuse or for operating a vehicle with a prohibited22212
concentration of alcohol in the blood, breath, or urine and if the22213
person's driver's or commercial driver's license or permit or22214
nonresident operating privilege is suspended under division (E) or22215
(F) of this section, the person may appeal the suspension at the22216
person's initial appearance on the charge resulting from the22217
arrest in the court in which the person will appear on that22218
charge. If the person appeals the suspension at the person's22219
initial appearance, the appeal does not stay the operation of the22220
suspension. Subject to division (H)(2) of this section, no court22221
has jurisdiction to grant a stay of a suspension imposed under22222
division (E) or (F) of this section, and any order issued by any22223
court that purports to grant a stay of any suspension imposed22224
under either of those divisions shall not be given administrative22225
effect.22226

       If the person appeals the suspension at the person's initial22227
appearance, either the person or the registrar may request a22228
continuance of the appeal. Either the person or the registrar22229
shall make the request for a continuance of the appeal at the same22230
time as the making of the appeal. If either the person or the22231
registrar requests a continuance of the appeal, the court may22232
grant the continuance. The court also may continue the appeal on22233
its own motion. The granting of a continuance applies only to the22234
conduct of the appeal of the suspension and does not extend the22235
time within which the initial appearance must be conducted, and22236
the court shall proceed with all other aspects of the initial22237
appearance in accordance with its normal procedures. Neither the22238
request for nor the granting of a continuance stays the operation22239
of the suspension that is the subject of the appeal.22240

       If the person appeals the suspension at the person's initial22241
appearance, the scope of the appeal is limited to determining22242
whether one or more of the following conditions have not been met:22243

       (a) Whether the law enforcement officer had reasonable22244
ground to believe the arrested person was operating a vehicle upon22245
a highway or public or private property used by the public for22246
vehicular travel or parking within this state while under the22247
influence of alcohol, a drug of abuse, or alcohol and a drug of22248
abuse or with a prohibited concentration of alcohol in the blood,22249
breath, or urine and whether the arrested person was in fact22250
placed under arrest;22251

       (b) Whether the law enforcement officer requested the22252
arrested person to submit to the chemical test designated pursuant22253
to division (A) of this section;22254

       (c) Whether the arresting officer informed the arrested22255
person of the consequences of refusing to be tested or of22256
submitting to the test;22257

       (d) Whichever of the following is applicable:22258

       (i) Whether the arrested person refused to submit to the22259
chemical test requested by the officer;22260

       (ii) Whether the chemical test results indicate that the22261
arrested person's blood contained a concentration of22262
ten-hundredths of one per cent or more by weight of alcohol, the22263
person's breath contained a concentration of ten-hundredths of one22264
gram or more by weight of alcohol per two hundred ten liters of22265
the person's breath, or the person's urine contained a22266
concentration of fourteen-hundredths of one gram or more by weight22267
of alcohol per one hundred milliliters of the person's urine at22268
the time of the alleged offense.22269

       (2) If the person appeals the suspension at the initial22270
appearance, the judge or referee of the court or the mayor of the22271
mayor's court shall determine whether one or more of the22272
conditions specified in divisions (H)(1)(a) to (d) of this section22273
have not been met. The person who appeals the suspension has the22274
burden of proving, by a preponderance of the evidence, that one or22275
more of the specified conditions has not been met. If during the22276
appeal at the initial appearance the judge or referee of the court22277
or the mayor of the mayor's court determines that all of those22278
conditions have been met, the judge, referee, or mayor shall22279
uphold the suspension, shall continue the suspension, and shall22280
notify the registrar of the decision on a form approved by the22281
registrar. Except as otherwise provided in division (H)(2) of22282
this section, if the suspension is upheld or if the person does22283
not appeal the suspension at the person's initial appearance under22284
division (H)(1) of this section, the suspension shall continue22285
until the complaint alleging the violation for which the person22286
was arrested and in relation to which the suspension was imposed22287
is adjudicated on the merits by the judge or referee of the trial22288
court or by the mayor of the mayor's court. If the suspension was22289
imposed under division (E) of this section and it is continued22290
under this division, any subsequent finding that the person is not22291
guilty of the charge that resulted in the person being requested22292
to take the chemical test or tests under division (A) of this22293
section does not terminate or otherwise affect the suspension. If22294
the suspension was imposed under division (F) of this section and22295
it is continued under this division, the suspension shall22296
terminate if, for any reason, the person subsequently is found not22297
guilty of the charge that resulted in the person taking the22298
chemical test or tests under division (A) of this section.22299

       If, during the appeal at the initial appearance, the judge or22300
referee of the trial court or the mayor of the mayor's court22301
determines that one or more of the conditions specified in22302
divisions (H)(1)(a) to (d) of this section have not been met, the22303
judge, referee, or mayor shall terminate the suspension, subject22304
to the imposition of a new suspension under division (B) of22305
section 4511.196 of the Revised Code; shall notify the registrar22306
of the decision on a form approved by the registrar; and, except22307
as provided in division (B) of section 4511.196 of the Revised22308
Code, shall order the registrar to return the driver's or22309
commercial driver's license or permit to the person or to take22310
such measures as may be necessary, if the license or permit was22311
destroyed under section 4507.55 of the Revised Code, to permit the22312
person to obtain a replacement driver's or commercial driver's22313
license or permit from the registrar or a deputy registrar in22314
accordance with that section. The court also shall issue to the22315
person a court order, valid for not more than ten days from the22316
date of issuance, granting the person operating privileges for22317
that period of time.22318

       If the person appeals the suspension at the initial22319
appearance, the registrar shall be represented by the prosecuting22320
attorney of the county in which the arrest occurred if the initial22321
appearance is conducted in a juvenile court or county court,22322
except that if the arrest occurred within a city or village within22323
the jurisdiction of the county court in which the appeal is22324
conducted, the city director of law or village solicitor of that22325
city or village shall represent the registrar. If the appeal is22326
conducted in a municipal court, the registrar shall be represented22327
as provided in section 1901.34 of the Revised Code. If the appeal22328
is conducted in a mayor's court, the registrar shall be22329
represented by the city director of law, village solicitor, or22330
other chief legal officer of the municipal corporation that22331
operates that mayor's court.22332

       (I)(1)(a) A person is not entitled to request, and a court22333
shall not grant to the person, occupational driving privileges22334
under division (I)(1) of this section if a person's driver's or22335
commercial driver's license or permit or nonresident operating22336
privilege has been suspended pursuant to division (E) of this22337
section, and the person, within the preceding seven years, has22338
refused three previous requests to consent to a chemical test of22339
the person's blood, breath, or urine to determine its alcohol22340
content or has been convicted of or pleaded guilty to three or22341
more violations of one or more of the following:22342

       (i) Division (A) or (B) of section 4511.19 of the Revised22343
Code;22344

       (ii) A municipal ordinance relating to operating a vehicle22345
while under the influence of alcohol, a drug of abuse, or alcohol22346
and a drug of abuse;22347

       (iii) A municipal ordinance relating to operating a vehicle22348
with a prohibited concentration of alcohol in the blood, breath,22349
or urine;22350

       (iv) Section 2903.04 of the Revised Code in a case in which22351
the person was subject to the sanctions described in division (D)22352
of that section;22353

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22354
section 2903.08 of the Revised Code or a municipal ordinance that22355
is substantially similar to either of those divisions;22356

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22357
division (A)(2) of section 2903.08, or former section 2903.07 of22358
the Revised Code, or a municipal ordinance that is substantially22359
similar to any of those divisions or that former section, in a22360
case in which the jury or judge found that the person was under22361
the influence of alcohol, a drug of abuse, or alcohol and a drug22362
of abuse;22363

       (vii) A statute of the United States or of any other state22364
or a municipal ordinance of a municipal corporation located in any22365
other state that is substantially similar to division (A) or (B)22366
of section 4511.19 of the Revised Code.22367

       (b) Any other person who is not described in division22368
(I)(1)(a) of this section and whose driver's or commercial22369
driver's license or nonresident operating privilege has been22370
suspended pursuant to division (E) of this section may file a22371
petition requesting occupational driving privileges in the common22372
pleas court, municipal court, county court, mayor's court, or, if22373
the person is a minor, juvenile court with jurisdiction over the22374
related criminal or delinquency case. The petition may be filed22375
at any time subsequent to the date on which the notice of22376
suspension is served upon the arrested person. The person shall22377
pay the costs of the proceeding, notify the registrar of the22378
filing of the petition, and send the registrar a copy of the22379
petition.22380

       In the proceedings, the registrar shall be represented by the22381
prosecuting attorney of the county in which the arrest occurred if22382
the petition is filed in the juvenile court, county court, or22383
common pleas court, except that, if the arrest occurred within a22384
city or village within the jurisdiction of the county court in22385
which the petition is filed, the city director of law or village22386
solicitor of that city or village shall represent the registrar.22387
If the petition is filed in the municipal court, the registrar22388
shall be represented as provided in section 1901.34 of the Revised22389
Code. If the petition is filed in a mayor's court, the registrar22390
shall be represented by the city director of law, village22391
solicitor, or other chief legal officer of the municipal22392
corporation that operates the mayor's court.22393

       The court, if it finds reasonable cause to believe that22394
suspension would seriously affect the person's ability to continue22395
in the person's employment, may grant the person occupational22396
driving privileges during the period of suspension imposed22397
pursuant to division (E) of this section, subject to the22398
limitations contained in this division and division (I)(2) of this22399
section. The court may grant the occupational driving privileges,22400
subject to the limitations contained in this division and division22401
(I)(2) of this section, regardless of whether the person appeals22402
the suspension at the person's initial appearance under division22403
(H)(1) of this section or appeals the decision of the court made22404
pursuant to the appeal conducted at the initial appearance, and,22405
if the person has appealed the suspension or decision, regardless22406
of whether the matter at issue has been heard or decided by the22407
court. The court shall not grant occupational driving privileges22408
for employment as a driver of commercial motor vehicles to any22409
person who is disqualified from operating a commercial motor22410
vehicle under section 3123.611 or 4506.16 of the Revised Code or22411
whose commercial driver's license or commercial driver's temporary22412
instruction permit has been suspended under section 3123.58 of the22413
Revised Code.22414

       (2)(a) In granting occupational driving privileges under22415
division (I)(1) of this section, the court may impose any22416
condition it considers reasonable and necessary to limit the use22417
of a vehicle by the person. The court shall deliver to the person22418
a permit card, in a form to be prescribed by the court, setting22419
forth the time, place, and other conditions limiting the22420
defendant's use of a vehicle. The grant of occupational driving22421
privileges shall be conditioned upon the person's having the22422
permit in the person's possession at all times during which the22423
person is operating a vehicle.22424

       A person granted occupational driving privileges who operates22425
a vehicle for other than occupational purposes, in violation of22426
any condition imposed by the court, or without having the permit22427
in the person's possession, is guilty of a violation of section22428
4507.02 of the Revised Code.22429

       (b) The court may not grant a person occupational driving22430
privileges under division (I)(1) of this section when prohibited22431
by a limitation contained in that division or during any of the22432
following periods of time:22433

       (i) The first thirty days of suspension imposed upon a22434
person who, within five years of the date on which the person22435
refused the request to consent to a chemical test of the person's22436
blood, breath, or urine to determine its alcohol content and for22437
which refusal the suspension was imposed, had not refused a22438
previous request to consent to a chemical test of the person's22439
blood, breath, or urine to determine its alcohol content;22440

       (ii) The first ninety days of suspension imposed upon a22441
person who, within five years of the date on which the person22442
refused the request to consent to a chemical test of the person's22443
blood, breath, or urine to determine its alcohol content and for22444
which refusal the suspension was imposed, had refused one previous22445
request to consent to a chemical test of the person's blood,22446
breath, or urine to determine its alcohol content;22447

       (iii) The first year of suspension imposed upon a person22448
who, within five years of the date on which the person refused the22449
request to consent to a chemical test of the person's blood,22450
breath, or urine to determine its alcohol content and for which22451
refusal the suspension was imposed, had refused two previous22452
requests to consent to a chemical test of the person's blood,22453
breath, or urine to determine its alcohol content;22454

       (iv) The first three years of suspension imposed upon a22455
person who, within five years of the date on which the person22456
refused the request to consent to a chemical test of the person's22457
blood, breath, or urine to determine its alcohol content and for22458
which refusal the suspension was imposed, had refused three or22459
more previous requests to consent to a chemical test of the22460
person's blood, breath, or urine to determine its alcohol content.22461

       (3) The court shall give information in writing of any22462
action taken under this section to the registrar.22463

       (4) If a person's driver's or commercial driver's license or22464
permit or nonresident operating privilege has been suspended22465
pursuant to division (F) of this section, and the person, within22466
the preceding seven years, has been convicted of or pleaded guilty22467
to three or more violations of division (A) or (B) of section22468
4511.19 of the Revised Code, a municipal ordinance relating to22469
operating a vehicle while under the influence of alcohol, a drug22470
of abuse, or alcohol and a drug of abuse, a municipal ordinance22471
relating to operating a vehicle with a prohibited concentration of22472
alcohol in the blood, breath, or urine, section 2903.04 of the22473
Revised Code in a case in which the person was subject to the22474
sanctions described in division (D) of that section, or section22475
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal22476
ordinance that is substantially similar to section 2903.07 of the22477
Revised Code in a case in which the jury or judge found that the22478
person was under the influence of alcohol, a drug of abuse, or22479
alcohol and a drug of abuse, or a statute of the United States or22480
of any other state or a municipal ordinance of a municipal22481
corporation located in any other state that is substantially22482
similar to division (A) or (B) of section 4511.19 of the Revised22483
Code, the person is not entitled to request, and the court shall22484
not grant to the person, occupational driving privileges under22485
this division. Any other person whose driver's or commercial22486
driver's license or nonresident operating privilege has been22487
suspended pursuant to division (F) of this section may file in the22488
court specified in division (I)(1)(b) of this section a petition22489
requesting occupational driving privileges in accordance with22490
section 4507.16 of the Revised Code. The petition may be filed at22491
any time subsequent to the date on which the arresting officer22492
serves the notice of suspension upon the arrested person. Upon22493
the making of the request, occupational driving privileges may be22494
granted in accordance with section 4507.16 of the Revised Code. 22495
The court may grant the occupational driving privileges, subject22496
to the limitations contained in section 4507.16 of the Revised22497
Code, regardless of whether the person appeals the suspension at22498
the person's initial appearance under division (H)(1) of this22499
section or appeals the decision of the court made pursuant to the22500
appeal conducted at the initial appearance, and, if the person has22501
appealed the suspension or decision, regardless of whether the22502
matter at issue has been heard or decided by the court.22503

       (J)(E) When it finally has been determined under the22504
procedures of this section and sections 4511.192 through 4511.19722505
of the Revised Code that a nonresident's privilege to operate a22506
vehicle within this state has been suspended, the registrar shall22507
give information in writing of the action taken to the motor22508
vehicle administrator of the state of the person's residence and22509
of any state in which the person has a license.22510

       (K) A suspension of the driver's or commercial driver's22511
license or permit of a resident, a suspension of the operating22512
privilege of a nonresident, or a denial of a driver's or22513
commercial driver's license or permit pursuant to division (E) or22514
(F) of this section shall be terminated by the registrar upon22515
receipt of notice of the person's entering a plea of guilty to, or22516
of the person's conviction of, operating a vehicle while under the22517
influence of alcohol, a drug of abuse, or alcohol and a drug of22518
abuse or with a prohibited concentration of alcohol in the blood,22519
breath, or urine, if the offense for which the plea is entered or22520
that resulted in the conviction arose from the same incident that22521
led to the suspension or denial.22522

       The registrar shall credit against any judicial suspension of22523
a person's driver's or commercial driver's license or permit or22524
nonresident operating privilege imposed pursuant to division (B)22525
or (E) of section 4507.16 of the Revised Code any time during22526
which the person serves a related suspension imposed pursuant to22527
division (E) or (F) of this section.22528

       (L)(F) At the end of a suspension period under this section,22529
under section 4511.194, section 4511.196, or division (B)(G) of22530
section 4507.164511.19 of the Revised Code, or under section22531
4510.07 of the Revised Code for a violation of a municipal OVI22532
ordinance and upon the request of the person whose driver's or22533
commercial driver's license or permit was suspended and who is not22534
otherwise subject to suspension, revocationcancellation, or22535
disqualification, the registrar shall return the driver's or22536
commercial driver's license or permit to the person upon the22537
person's compliance withoccurrence of all of the conditions22538
specified in divisions (L)(F)(1) and (2) of this section:22539

       (1) A showing by the person that the person has proof of22540
financial responsibility, a policy of liability insurance in22541
effect that meets the minimum standards set forth in section22542
4509.51 of the Revised Code, or proof, to the satisfaction of the22543
registrar, that the person is able to respond in damages in an22544
amount at least equal to the minimum amounts specified in section22545
4509.51 of the Revised Code.22546

       (2) Subject to the limitation contained in division22547
(L)(F)(3) of this section, payment by the person to the bureau of22548
motor vehicles of a license reinstatement fee of four hundred22549
twenty-five dollars to the bureau of motor vehicles, which fee22550
shall be deposited in the state treasury and credited as follows:22551

       (a) One hundred twelve dollars and fifty cents shall be22552
credited to the statewide treatment and prevention fund created by22553
section 4301.30 of the Revised Code. The fund shall be used to22554
pay the costs of driver treatment and intervention programs22555
operated pursuant to sections 3793.02 and 3793.10 of the Revised22556
Code. The director of alcohol and drug addiction services shall22557
determine the share of the fund that is to be allocated to alcohol22558
and drug addiction programs authorized by section 3793.02 of the22559
Revised Code, and the share of the fund that is to be allocated to22560
drivers' intervention programs authorized by section 3793.10 of22561
the Revised Code.22562

       (b) Seventy-five dollars shall be credited to the22563
reparations fund created by section 2743.191 of the Revised Code.22564

       (c) Thirty-seven dollars and fifty cents shall be credited22565
to the indigent drivers alcohol treatment fund, which is hereby22566
established. Except as otherwise provided in division22567
(L)(F)(2)(c) of this section, moneys in the fund shall be22568
distributed by the department of alcohol and drug addiction22569
services to the county indigent drivers alcohol treatment funds,22570
the county juvenile indigent drivers alcohol treatment funds, and22571
the municipal indigent drivers alcohol treatment funds that are22572
required to be established by counties and municipal corporations22573
pursuant to division (N) of this section, and shall be used only22574
to pay the cost of an alcohol and drug addiction treatment program22575
attended by an offender or juvenile traffic offender who is22576
ordered to attend an alcohol and drug addiction treatment program22577
by a county, juvenile, or municipal court judge and who is22578
determined by the county, juvenile, or municipal court judge not22579
to have the means to pay for the person's attendance at the22580
program or to pay the costs specified in division (N)(H)(4) of22581
this section in accordance with that division. Moneys in the fund22582
that are not distributed to a county indigent drivers alcohol22583
treatment fund, a county juvenile indigent drivers alcohol22584
treatment fund, or a municipal indigent drivers alcohol treatment22585
fund under division (N)(H) of this section because the director of22586
alcohol and drug addiction services does not have the information22587
necessary to identify the county or municipal corporation where22588
the offender or juvenile offender was arrested may be transferred22589
by the director of budget and management to the statewide22590
treatment and prevention fund created by section 4301.30 of the22591
Revised Code, upon certification of the amount by the director of22592
alcohol and drug addiction services.22593

       (d) Seventy-five dollars shall be credited to the Ohio22594
rehabilitation services commission established by section 3304.1222595
of the Revised Code, to the services for rehabilitation fund,22596
which is hereby established. The fund shall be used to match22597
available federal matching funds where appropriate, and for any22598
other purpose or program of the commission to rehabilitate people22599
with disabilities to help them become employed and independent.22600

       (e) Seventy-five dollars shall be deposited into the state22601
treasury and credited to the drug abuse resistance education22602
programs fund, which is hereby established, to be used by the22603
attorney general for the purposes specified in division (L)(4) of22604
this section.22605

       (f) Thirty dollars shall be credited to the state bureau of22606
motor vehicles fund created by section 4501.25 of the Revised22607
Code.22608

       (g) Twenty dollars shall be credited to the trauma and22609
emergency medical services grants fund created by section 4513.26322610
of the Revised Code.22611

       (3) If a person's driver's or commercial driver's license or22612
permit is suspended under division (E) or (F) of this section,22613
under section 4511.196, or division (B)(G) of section 4507.1622614
4511.19 of the Revised Code, under section 4510.07 of the Revised22615
Code for a violation of a municipal OVI ordinance or under any22616
combination of the suspensions described in division (L)(F)(3) of22617
this section, and if the suspensions arise from a single incident22618
or a single set of facts and circumstances, the person is liable22619
for payment of, and shall be required to pay to the bureau, only22620
one reinstatement fee of four hundred fivetwenty-five dollars.22621
The reinstatement fee shall be distributed by the bureau in22622
accordance with division (L)(F)(2) of this section.22623

       (4) The attorney general shall use amounts in the drug abuse22624
resistance education programs fund to award grants to law22625
enforcement agencies to establish and implement drug abuse22626
resistance education programs in public schools. Grants awarded22627
to a law enforcement agency under division (L)(2)(e) of this22628
section shall be used by the agency to pay for not more than fifty22629
per cent of the amount of the salaries of law enforcement officers22630
who conduct drug abuse resistance education programs in public22631
schools. The attorney general shall not use more than six per22632
cent of the amounts the attorney general's office receives under22633
division (L)(F)(2)(e) of this section to pay the costs it incurs22634
in administering the grant program established by division22635
(L)(F)(2)(e) of this section and in providing training and22636
materials relating to drug abuse resistance education programs.22637

       The attorney general shall report to the governor and the22638
general assembly each fiscal year on the progress made in22639
establishing and implementing drug abuse resistance education22640
programs. These reports shall include an evaluation of the22641
effectiveness of these programs.22642

       (M)(G) Suspension of a commercial driver's license under22643
division (E)(B) or (F)(C) of this section shall be concurrent with22644
any period of disqualification under section 3123.611 or 4506.1622645
of the Revised Code or any period of suspension under section22646
3123.58 of the Revised Code. No person who is disqualified for22647
life from holding a commercial driver's license under section22648
4506.16 of the Revised Code shall be issued a driver's license22649
under Chapter 4507. of the Revised Code during the period for22650
which the commercial driver's license was suspended under division22651
(E)(B) or (F)(C) of this section, and no. No person whose22652
commercial driver's license is suspended under division (E)(B) or22653
(F)(C) of this section shall be issued a driver's license under22654
that chapterChapter 4507. of the Revised Code during the period22655
of the suspension.22656

       (N)(H)(1) Each county shall establish an indigent drivers22657
alcohol treatment fund, each county shall establish a juvenile22658
indigent drivers alcohol treatment fund, and each municipal22659
corporation in which there is a municipal court shall establish an22660
indigent drivers alcohol treatment fund. All revenue that the22661
general assembly appropriates to the indigent drivers alcohol22662
treatment fund for transfer to a county indigent drivers alcohol22663
treatment fund, a county juvenile indigent drivers alcohol22664
treatment fund, or a municipal indigent drivers alcohol treatment22665
fund, all portions of fees that are paid under division (L) of22666
this section and that are credited under that division to the22667
indigent drivers alcohol treatment fund in the state treasury for22668
a county indigent drivers alcohol treatment fund, a county22669
juvenile indigent drivers alcohol treatment fund, or a municipal22670
indigent drivers alcohol treatment fund, and all portions of fines22671
that are specified for deposit into a county or municipal indigent22672
drivers alcohol treatment fund by section 4511.193 of the Revised22673
Code shall be deposited into that county indigent drivers alcohol22674
treatment fund, county juvenile indigent drivers alcohol treatment22675
fund, or municipal indigent drivers alcohol treatment fund in22676
accordance with division (N)(H)(2) of this section. Additionally,22677
all portions of fines that are paid for a violation of section22678
4511.19 of the Revised Code or division (B)(2) of section 4507.0222679
of any prohibition contained in Chapter 4510. of the Revised Code,22680
and that are required under division (A)(1), (2), (5), or (6) of22681
section 4511.994511.19 or division (B)(5) of section 4507.99any22682
provision of Chapter 4510. of the Revised Code to be deposited22683
into a county indigent drivers alcohol treatment fund or municipal22684
indigent drivers alcohol treatment fund shall be deposited into22685
the appropriate fund in accordance with the applicable division.22686

       (2) That portion of the license reinstatement fee that is22687
paid under division (L)(F) of this section and that is credited22688
under that division to the indigent drivers alcohol treatment fund22689
shall be deposited into a county indigent drivers alcohol22690
treatment fund, a county juvenile indigent drivers alcohol22691
treatment fund, or a municipal indigent drivers alcohol treatment22692
fund as follows:22693

       (a) If the suspension in question was imposed under this22694
section, that portion of the fee shall be deposited as follows:22695

       (i) If the fee is paid by a person who was charged in a22696
county court with the violation that resulted in the suspension,22697
the portion shall be deposited into the county indigent drivers22698
alcohol treatment fund under the control of that court;22699

       (ii) If the fee is paid by a person who was charged in a22700
juvenile court with the violation that resulted in the suspension,22701
the portion shall be deposited into the county juvenile indigent22702
drivers alcohol treatment fund established in the county served by22703
the court;22704

       (iii) If the fee is paid by a person who was charged in a22705
municipal court with the violation that resulted in the22706
suspension, the portion shall be deposited into the municipal22707
indigent drivers alcohol treatment fund under the control of that22708
court.22709

       (b) If the suspension in question was imposed under division22710
(B) of section 4507.164511.19 of the Revised Code or under22711
section 4510.07 of the Revised Code for a violation of a municipal22712
OVI ordinance, that portion of the fee shall be deposited as22713
follows:22714

       (i) If the fee is paid by a person whose license or permit22715
was suspended by a county court, the portion shall be deposited22716
into the county indigent drivers alcohol treatment fund under the22717
control of that court;22718

       (ii) If the fee is paid by a person whose license or permit22719
was suspended by a municipal court, the portion shall be deposited22720
into the municipal indigent drivers alcohol treatment fund under22721
the control of that court.22722

       (3) Expenditures from a county indigent drivers alcohol22723
treatment fund, a county juvenile indigent drivers alcohol22724
treatment fund, or a municipal indigent drivers alcohol treatment22725
fund shall be made only upon the order of a county, juvenile, or22726
municipal court judge and only for payment of the cost of the22727
attendance at an alcohol and drug addiction treatment program of a22728
person who is convicted of, or found to be a juvenile traffic22729
offender by reason of, a violation of division (A) of section22730
4511.19 of the Revised Code or a substantially similar municipal22731
ordinance, who is ordered by the court to attend the alcohol and22732
drug addiction treatment program, and who is determined by the22733
court to be unable to pay the cost of attendance at the treatment22734
program or for payment of the costs specified in division22735
(N)(H)(4) of this section in accordance with that division. The22736
alcohol and drug addiction services board or the board of alcohol,22737
drug addiction, and mental health services established pursuant to22738
section 340.02 or 340.021 of the Revised Code and serving the22739
alcohol, drug addiction, and mental health service district in22740
which the court is located shall administer the indigent drivers22741
alcohol treatment program of the court. When a court orders an22742
offender or juvenile traffic offender to attend an alcohol and22743
drug addiction treatment program, the board shall determine which22744
program is suitable to meet the needs of the offender or juvenile22745
traffic offender, and when a suitable program is located and space22746
is available at the program, the offender or juvenile traffic22747
offender shall attend the program designated by the board. A22748
reasonable amount not to exceed five per cent of the amounts22749
credited to and deposited into the county indigent drivers alcohol22750
treatment fund, the county juvenile indigent drivers alcohol22751
treatment fund, or the municipal indigent drivers alcohol22752
treatment fund serving every court whose program is administered22753
by that board shall be paid to the board to cover the costs it22754
incurs in administering those indigent drivers alcohol treatment22755
programs.22756

       (4) If a county, juvenile, or municipal court determines, in22757
consultation with the alcohol and drug addiction services board or22758
the board of alcohol, drug addiction, and mental health services22759
established pursuant to section 340.02 or 340.021 of the Revised22760
Code and serving the alcohol, drug addiction, and mental health22761
district in which the court is located, that the funds in the22762
county indigent drivers alcohol treatment fund, the county22763
juvenile indigent drivers alcohol treatment fund, or the municipal22764
indigent drivers alcohol treatment fund under the control of the22765
court are more than sufficient to satisfy the purpose for which22766
the fund was established, as specified in divisions (N)(H)(1) to22767
(3) of this section, the court may declare a surplus in the fund.22768
If the court declares a surplus in the fund, the court may expend22769
the amount of the surplus in the fund for alcohol and drug abuse22770
assessment and treatment of persons who are charged in the court22771
with committing a criminal offense or with being a delinquent22772
child or juvenile traffic offender and in relation to whom both of22773
the following apply:22774

       (a) The court determines that substance abuse was a22775
contributing factor leading to the criminal or delinquent activity22776
or the juvenile traffic offense with which the person is charged.22777

       (b) The court determines that the person is unable to pay22778
the cost of the alcohol and drug abuse assessment and treatment22779
for which the surplus money will be used.22780

       Sec. 4511.192.  (A) No person whose driver's or commercial22781
driver's license or permit or nonresident operating privilege has22782
been suspended under section 4511.191 or 4511.196 of the Revised22783
Code shall operate a vehicle upon the highways or streets within22784
this state.22785

       (B) It is an affirmative defense to any prosecution brought22786
pursuant to this section that the alleged offender drove under22787
suspension because of a substantial emergency, provided that no22788
other person was reasonably available to drive in response to the22789
emergency.The arresting law enforcement officer shall give advice22790
in accordance with this section to any person under arrest for a22791
violation of division (A) or (B) of section 4511.19 of the Revised22792
Code, section 4511.194 of the Revised Code, or a municipal OVI22793
ordinance. The officer shall give that advice in a written form22794
that contains the information described in division (B) of this22795
section and shall read the advice to the person. The form shall22796
contain a statement that the form was shown to the person under22797
arrest and read to the person by the arresting officer. One or22798
more persons shall witness the arresting officer's reading of the22799
form, and the witnesses shall certify to this fact by signing the22800
form.22801

       (B) If a person is under arrest as described in division (A)22802
of this section, before the person may be requested to submit to a22803
chemical test or tests to determine the alcohol and drug content22804
of the person's blood, breath, or urine, the arresting officer22805
shall read the following form to the person:22806

       "You now are under arrest for (specifically state the offense22807
under state law or a substantially equivalent municipal ordinance22808
for which the person was arrested – operating a vehicle under the22809
influence of alcohol, a drug, or a combination of them; operating22810
a vehicle after underage alcohol consumption; or having physical22811
control of a vehicle while under the influence).22812

       If you refuse to take any chemical test required by law, your22813
Ohio driving privileges will be suspended immediately, and you22814
will have to pay a fee to have the privileges reinstated.22815

       (Read this part unless the person is under arrest for solely22816
having physical control of a vehicle while under the influence.)22817
If you take any chemical test required by law and are found to be22818
at or over the prohibited amount of alcohol in your blood, breath,22819
or urine as set by law, your Ohio driving privileges will be22820
suspended immediately, and you will have to pay a fee to have the22821
privileges reinstated.22822

       If you take a chemical test, you may have an independent22823
chemical test taken at your own expense."22824

       (C) If the arresting law enforcement officer does not ask a22825
person under arrest as described in division (A) of this section22826
to submit to a chemical test or tests under section 4511.191 of22827
the Revised Code, the arresting officer shall seize the Ohio or22828
out-of-state driver's or commercial driver's license or permit of22829
the person and immediately forward it to the court in which the22830
arrested person is to appear on the charge. If the arrested22831
person is not in possession of the person's license or permit or22832
it is not in the person's vehicle, the officer shall order the22833
person to surrender it to the law enforcement agency that employs22834
the officer within twenty-four hours after the arrest, and, upon22835
the surrender, the agency immediately shall forward the license or22836
permit to the court in which the person is to appear on the22837
charge. Upon receipt of the license or permit, the court shall22838
retain it pending the arrested person's initial appearance and any22839
action taken under section 4511.196 of the Revised Code.22840

       (D)(1) If a law enforcement officer asks a person under22841
arrest as described in division (A) of this section to submit to a22842
chemical test or tests under section 4511.191 of the Revised Code,22843
if the officer advises the person in accordance with this section22844
of the consequences of the person's refusal or submission, and if22845
either the person refuses to submit to the test or tests or,22846
unless the arrest was for a violation of section 4511.194 of the22847
Revised Code, the person submits to the test or tests and the test22848
results indicate a prohibited concentration of alcohol in the22849
person's whole blood, blood serum or plasma, breath, or urine at22850
the time of the alleged offense, the arresting officer shall do22851
all of the following:22852

       (a) On behalf of the registrar of motor vehicles, notify the22853
person that, independent of any penalties or sanctions imposed22854
upon the person, the person's Ohio driver's or commercial driver's22855
license or permit or nonresident operating privilege is suspended22856
immediately, that the suspension will last at least until the22857
person's initial appearance on the charge, which will be held22858
within five days after the date of the person's arrest or the22859
issuance of a citation to the person, and that the person may22860
appeal the suspension at the initial appearance or during the22861
period of time ending thirty days after that initial appearance;22862

       (b) Seize the driver's or commercial driver's license or22863
permit of the person and immediately forward it to the registrar.22864
If the arrested person is not in possession of the person's22865
license or permit or it is not in the person's vehicle, the22866
officer shall order the person to surrender it to the law22867
enforcement agency that employs the officer within twenty-four22868
hours after the person is given notice of the suspension, and,22869
upon the surrender, the officer's employing agency immediately22870
shall forward the license or permit to the registrar.22871

       (c) Verify the person's current residence and, if it differs22872
from that on the person's driver's or commercial driver's license22873
or permit, notify the registrar of the change;22874

       (d) Send to the registrar, within forty-eight hours after22875
the arrest of the person, a sworn report that includes all of the22876
following statements:22877

       (i) That the officer had reasonable grounds to believe that,22878
at the time of the arrest, the arrested person was operating a22879
vehicle, streetcar, or trackless trolley in violation of division22880
(A) or (B) of section 4511.19 of the Revised Code or a municipal22881
OVI ordinance or for being in physical control of a stationary22882
vehicle, streetcar, or trackless trolley in violation of section22883
4511.194 of the Revised Code;22884

       (ii) That the person was arrested and charged with a22885
violation of division (A) or (B) of section 4511.19 of the Revised22886
Code, section 4511.194 of the Revised Code, or a municipal OVI22887
ordinance;22888

       (iii) That the officer asked the person to take the22889
designated chemical test or tests, advised the person in22890
accordance with this section of the consequences of submitting to,22891
or refusing to take, the test or tests, and gave the person the22892
form described in division (B) of this section;22893

       (iv) That either the person refused to submit to the22894
chemical test or tests or, unless the arrest was for a violation22895
of section 4511.194 of the Revised Code, the person submitted to22896
the chemical test or tests and the test results indicate a22897
prohibited concentration of alcohol in the person's whole blood,22898
blood serum or plasma, breath, or urine at the time of the alleged22899
offense.22900

       (2) Division (D)(1) of this section does not apply to a22901
person who is arrested for a violation of section 4511.194 of the22902
Revised Code, who is asked by a law enforcement officer to submit22903
to a chemical test or tests under section 4511.191 of the Revised22904
Code, and who submits to the test or tests, regardless of the22905
amount of alcohol that the test results indicate is present in the22906
person's whole blood, blood serum or plasma, breath, or urine.22907

       (E) The arresting officer shall give the officer's sworn22908
report that is completed under this section to the arrested person22909
at the time of the arrest, or the registrar of motor vehicles22910
shall send the report to the person by regular first class mail as22911
soon as possible after receipt of the report, but not later than22912
fourteen days after receipt of it. An arresting officer may give22913
an unsworn report to the arrested person at the time of the arrest22914
provided the report is complete when given to the arrested person22915
and subsequently is sworn to by the arresting officer. As soon as22916
possible, but not later than forty-eight hours after the arrest of22917
the person, the arresting officer shall send a copy of the sworn22918
report to the court in which the arrested person is to appear on22919
the charge for which the person was arrested.22920

       (F) The sworn report of an arresting officer completed under22921
this section is prima-facie proof of the information and22922
statements that it contains. It shall be admitted and considered22923
as prima-facie proof of the information and statements that it22924
contains in any appeal under section 4511.197 of the Revised Code22925
relative to any suspension of a person's driver's or commercial22926
driver's license or permit or nonresident operating privilege that22927
results from the arrest covered by the report.22928

       Sec. 4511.193.  (A) Twenty-five dollars of any fine imposed22929
for a violation of a municipal OVI ordinance relating to operating22930
a vehicle while under the influence of alcohol, a drug of abuse,22931
or alcohol and a drug of abuse or relating to operating a vehicle22932
with a prohibited concentration of alcohol in the blood, breath,22933
or urine shall be deposited into the municipal or county indigent22934
drivers alcohol treatment fund created pursuant to division (N)(H)22935
of section 4511.191 of the Revised Code in accordance with this22936
section and section 733.40, divisions (A) and (B) of section22937
1901.024, division (F) of section 1901.31, or division (C) of22938
section 1907.20 of the Revised Code. Regardless of whether the22939
fine is imposed by a municipal court, a mayor's court, or a22940
juvenile court, if the fine was imposed for a violation of an22941
ordinance of a municipal corporation that is within the22942
jurisdiction of a municipal court, the twenty-five dollars that is22943
subject to this section shall be deposited into the indigent22944
drivers alcohol treatment fund of the municipal corporation in22945
which is located the municipal court that has jurisdiction over22946
that municipal corporation. Regardless of whether the fine is22947
imposed by a county court, a mayor's court, or a juvenile court,22948
if the fine was imposed for a violation of an ordinance of a22949
municipal corporation that is within the jurisdiction of a county22950
court, the twenty-five dollars that is subject to this section22951
shall be deposited into the indigent drivers alcohol treatment22952
fund of the county in which is located the county court that has22953
jurisdiction over that municipal corporation. The deposit shall22954
be made in accordance with section 733.40, divisions (A) and (B)22955
of section 1901.024, division (F) of section 1901.31, or division22956
(C) of section 1907.20 of the Revised Code.22957

       (B)(1) The requirements and sanctions imposed by divisions22958
(B)(1) and (2) of this section are an adjunct to and derive from22959
the state's exclusive authority over the registration and titling22960
of motor vehicles and do not comprise a part of the criminal22961
sentence to be imposed upon a person who violates a municipal OVI22962
ordinance relating to operating a vehicle while under the22963
influence of alcohol, a drug of abuse, or alcohol and a drug of22964
abuse or relating to operating a vehicle with a prohibited22965
concentration of alcohol in the blood, breath, or urine.22966

       (2)(a) The court shall follow division (B)(2)(b) of this22967
section ifIf a person is convicted of or pleads guilty to a22968
violation of a municipal OVI ordinance relating to operating a22969
vehicle while under the influence of alcohol, a drug of abuse, or22970
alcohol and a drug of abuse or relating to operating a vehicle22971
with a prohibited concentration of alcohol in the blood, breath,22972
or urine and if the circumstances described in division22973
(B)(2)(b)(iii) of this section apply or if, within the period of22974
time specified in division (B)(2) or (b)(i), (ii) (iii) of this22975
section, if the vehicle the offender was operating at the time of22976
the offense is registered in the offender's name, and if, within22977
six years of the current offense, the offender has been convicted22978
of or pleaded guilty to any violation of the following:22979

       (i) Sectionone or more violations of division (A) or (B) of22980
section 4511.19 of the Revised Code;22981

       (ii) A municipal ordinance relating to operating a vehicle22982
while under the influence of alcohol, a drug of abuse, or alcohol22983
and a drug of abuse;22984

       (iii) A municipal ordinance relating to operating a vehicle22985
with a prohibited concentration of alcohol in the blood, breath,22986
or urine;22987

       (iv) Section 2903.04 of the Revised Code in a case in which22988
the offender was subject to the sanctions described in division22989
(D) of that section;22990

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of22991
section 2903.08 of the Revised Code or a municipal ordinance that22992
is substantially similar to either of those divisions;22993

       (vi) Division (A)(2), (3), or (4) of section 2903.06,22994
division (A)(2) of section 2903.08, or former section 2903.07 of22995
the Revised Code, or a municipal ordinance that is substantially22996
similar to any of those divisions or that former section, in a22997
case in which the jury or judge found that the offender was under22998
the influence of alcohol, a drug of abuse, or alcohol and a drug22999
of abuse;23000

       (vii) A statute of the United States or of any other state23001
or a municipal ordinance of a municipal corporation located in any23002
other state that is substantially similar to division (A) or (B)23003
of section 4511.19 of the Revised Code.23004

       (b) If the circumstances described in division (B)(2)(a)(b)23005
of this section applyor one or more other equivalent offenses,23006
the court, in addition to and independent of any sentence that it23007
imposes upon the offender for the offense, regardless of whether23008
the vehicle the offender was operating at the time of the offense23009
is registered in the offender's name or in the name of another23010
person, and subject to section 4503.235 of the Revised Code, shall23011
do whichever of the following is applicable:23012

       (i)(a) Except as otherwise provided in division23013
(B)(2)(b)(iii) of this section, if, within six years of the23014
current offense, the offender has been convicted of or pleaded23015
guilty to one violation described in division (B)(2)(a) of this23016
section, the court shall order the immobilization for ninety days23017
of thethat vehicle the offender was operating at the time of the23018
offense and the impoundment for ninety days of the license plates23019
of that vehicle. The order for the immobilization and impoundment23020
shall be issued and enforced in accordance with section 4503.23323021
of the Revised Code.23022

       (ii)(b)(iii)(a)23023

       (iii)(b) If, within six years of the current offense, the23024
offender has been convicted of or pleaded guilty to two or more23025
violations described in division (B)(2)(a) of this section, or if23026
the offender previously has been convicted of or pleaded guilty to23027
a violation of division (A) of section 4511.19 of the Revised Code23028
under circumstances in which the violation was a felony and23029
regardless of when the violation and the conviction or guilty plea23030
occurred, the court shall order the criminal forfeiture to the23031
state of thethat vehicle the offender was operating at the time23032
of the offense The order of criminal forfeiture shall be issued23033
and enforced in accordance with section 4503.234 of the Revised23034
Code.23035

       Sec. 4511.194.  (A) As used in this section, "physical23036
control" means being in the driver's position of the front seat of23037
a vehicle or in the driver's position of a streetcar or trackless23038
trolley and having possession of the vehicle's, streetcar's, or23039
trackless trolley's ignition key or other ignition device.23040

       (B) No person shall be in physical control of a vehicle,23041
streetcar, or trackless trolley while under the influence of23042
alcohol, a drug of abuse, or a combination of them or while the23043
person's whole blood, blood serum or plasma, breath, or urine23044
contains at least the concentration of alcohol specified in23045
division (A)(2), (3), (4), or (5) of section 4511.19 of the23046
Revised Code.23047

       (C) Whoever violates this section is guilty of having23048
physical control of a vehicle while under the influence, a23049
misdemeanor of the first degree. In addition to other sanctions23050
imposed, the court may impose on the offender a class seven23051
suspension of the offender's driver's license, commercial driver's23052
license, temporary instruction permit, probationary license, or23053
nonresident operating privilege from the range specified in23054
division (A)(7) of section 4510.02 of the Revised Code.23055

       Sec. 4511.195.  (A) As used in this section:23056

       (1) "Vehicle operator" means a person who is operating a23057
vehicle at the time it is seizedArrested person" means a person23058
who is arrested for a violation of division (A) of section 4511.1923059
of the Revised Code or a municipal OVI ordinance and whose arrest23060
results in a vehicle being seized under division (B) of this23061
section.23062

       (2) "Vehicle owner" means either of the following:23063

       (a) The person in whose name is registered, at the time of23064
the seizure, a vehicle that is seized under division (B) of this23065
section;23066

       (b) A person to whom the certificate of title to a vehicle23067
that is seized under division (B) of this section has been23068
assigned and who has not obtained a certificate of title to the23069
vehicle in that person's name, but who is deemed by the court as23070
being the owner of the vehicle at the time the vehicle was seized23071
under division (B) of this section.23072

       (3) "Municipal OMVI ordinance" means any municipal ordinance23073
prohibiting the operation of a vehicle while under the influence23074
of alcohol, a drug of abuse, or alcohol and a drug of abuse or23075
prohibiting the operation of a vehicle with a prohibited23076
concentration of alcohol in the blood, breath, or urine.23077

       (4) "Interested party" includes the owner of a vehicle23078
seized under this section, all lienholders, the defendantarrested23079
person, the owner of the place of storage at which a vehicle23080
seized under this section is stored, and the person or entity that23081
caused the vehicle to be removed.23082

       (B)(1) The arresting officer or another officer of the law23083
enforcement agency that employs the arresting officer, in addition23084
to any action that the arresting officer is required or authorized23085
to take by section 4511.19or 4511.191 of the Revised Code or by23086
any other provision of law, shall seize the vehicle that a person23087
was operating at the time of the alleged offense and its license23088
plates if the vehicle is registered in the arrested person's name23089
and if either of the following applyapplies:23090

       (a) The person is arrested for a violation of division (A)23091
of section 4511.19 of the Revised Code or of a municipal OMVIOVI23092
ordinance and, within six years of the alleged violation, the23093
person previously has been convicted of or pleaded guilty to one23094
or more violations of the following:23095

       (i) Divisiondivision (A) or (B) of section 4511.19 of the23096
Revised Code;23097

       (ii) A municipal OMVI ordinance;23098

       (iii) Section 2903.04 of the Revised Code in a case in which23099
the offender was subject to the sanctions described in division23100
(D) of that section;23101

       (iv) Division (A)(1) of section 2903.06 or division (A)(1)23102
of section 2903.08 of the Revised Code or a municipal ordinance23103
that is substantially similar to either of those divisions;23104

       (v) Division (A)(2), (3), or (4) of section 2903.06,23105
division (A)(2) of section 2903.08, or former section 2903.07 of23106
the Revised Code, or a municipal ordinance that is substantially23107
similar to any of those divisions or that former section, in a23108
case in which the jury or judge found that the offender was under23109
the influence of alcohol, a drug of abuse, or alcohol and a drug23110
of abuse;23111

       (vi) A statute of the United States or of any other state or23112
a municipal ordinance of a municipal corporation located in any23113
other state that is substantially similar to division (A) or (B)23114
of section 4511.19 of the Revised Codeor one or more other23115
equivalent offenses.23116

       (b) The person is arrested for a violation of division (A)23117
of section 4511.19 of the Revised Code or of a municipal OMVIOVI23118
ordinance and the person previously has been convicted of or23119
pleaded guilty to a violation of division (A) of section 4511.1923120
of the Revised Code under circumstances in which the violation was23121
a felony, regardless of when the prior felony violation of23122
division (A) of section 4511.19 of the Revised Code and the23123
conviction or guilty plea occurred.23124

       (2) Except as otherwise provided in division (B) of this23125
section, the officer making an arrest of the type described in23126
division (B)(1) of this section shall seize the vehicle and its23127
license plates regardless of whether the vehicle is registered in23128
the name of the person who was operating it or in the name of23129
another person or entity. This section does not apply to or23130
affect any rented or leased vehicle that is being rented or leased23131
for a period of thirty days or less, except that aA law23132
enforcement agency that employs a law enforcement officer who23133
makes an arrest of a type that is described in division (B)(1) of23134
this section and that involves a rented or leased vehicle of this23135
typethat is being rented or leased for a period of thirty days or23136
less shall notify, within twenty-four hours after the officer23137
makes the arrest, the lessor or owner of the vehicle regarding the23138
circumstances of the arrest and the location at which the vehicle23139
may be picked up. At the time of the seizure of the vehicle, the23140
law enforcement officer who made the arrest shall give the vehicle23141
operatorarrested person written notice that the vehicle and its23142
license plates have been seized; that the vehicle either will be23143
kept by the officer's law enforcement agency or will be23144
immobilized at least until the operator's initial appearance on23145
the charge of the offense for which the arrest was made; that, at23146
the initial appearance, the court in certain circumstances may23147
order that the vehicle and license plates be released to the23148
vehicle ownerarrested person until the disposition of that23149
charge; and that, if the vehicle operatorarrested person is23150
convicted of that charge, the court generally must order the23151
immobilization of the vehicle and the impoundment of its license23152
plates, or the forfeiture of the vehicle; and that, if the23153
operator is not the vehicle owner, the operator immediately should23154
inform the vehicle owner that the vehicle and its license plates23155
have been seized and that the vehicle owner may be able to obtain23156
their return or release at the initial appearance or thereafter.23157

       (3) The arresting officer or a law enforcement officer of23158
the agency that employs the arresting officer shall give written23159
notice of the seizure to the court that will conduct the initial23160
appearance of the vehicle operator. The notice shall be given23161
when the charges are filed against the vehicle operatorarrested23162
person on the charges arising out of the arrest. Upon receipt of23163
the notice, the court promptly shall determine whether the vehicle23164
operatorarrested person is the vehicle owner and whether there23165
are any liens recorded on the certificate of title to the vehicle.23166
If the court determines that the vehicle operatorarrested person23167
is not the vehicle owner, it promptly shall send by regular mail23168
written notice of the seizure of the motor vehicle to the vehicle23169
vehicle's registered owner and to all lienholders recorded on the23170
certificate of title. The written notice to the vehicle owner and23171
lienholders shall contain all of the information required by23172
division (B)(2) of this section to be in a notice to be given to23173
the vehicle operatorarrested person and also shall specify the23174
date, time, and place of the vehicle operator'sarrested person's23175
initial appearance. The notice also shall inform the vehicle23176
owner that if title to a motor vehicle that is subject to an order23177
for criminal forfeiture under this section is assigned or23178
transferred and division (C)(B)(2) or (3) of section 4503.234 of23179
the Revised Code applies, the court may fine the vehicle operator23180
arrested person the value of the vehicle. The notice to the23181
vehicle owner also shall state that if the vehicle is immobilized23182
under division (A) of section 4503.233 of the Revised Code, seven23183
days after the end of the period of immobilization a law23184
enforcement agency will send the vehicle owner a notice, informing23185
the vehicle owner that if the release of the vehicle is not23186
obtained in accordance with division (D)(3) of section 4503.233 of23187
the Revised Code, the vehicle shall be forfeited. The notice also23188
shall inform the vehicle owner that the vehicle owner may be23189
charged expenses or charges incurred under this section and23190
section 4503.233 of the Revised Code for the removal and storage23191
of the vehicle.23192

       The written notice that is given to the vehicle operator or23193
is sent or delivered to the vehicle owner if the vehicle owner is23194
not the vehicle operatorarrested person also shall state that if23195
the vehicle operator pleads guilty to orperson is convicted of or23196
pleads guilty to the offense for which the vehicle operator was23197
arrested and the court issues an immobilization and impoundment23198
order relative to that vehicle, division (D)(4) of section23199
4503.233 of the Revised Code prohibits the vehicle from being sold23200
during the period of immobilization without the prior approval of23201
the court.23202

       (4) At or before the initial appearance, the vehicle owner23203
may file a motion requesting the court to order that the vehicle23204
and its license plates be released to the vehicle owner. Except23205
as provided in this division and subject to the payment of23206
expenses or charges incurred in the removal and storage of the23207
vehicle, the court, in its discretion, then may issue an order23208
releasing the vehicle and its license plates to the vehicle owner.23209
Such an order may be conditioned upon such terms as the court23210
determines appropriate, including the posting of a bond in an23211
amount determined by the court. If the vehicle operatorarrested23212
person is not the vehicle owner and if the vehicle owner is not23213
present at the vehicle operator'sarrested person's initial23214
appearance, and if the court believes that the vehicle owner was23215
not provided with adequate notice of the initial appearance, the23216
court, in its discretion, may allow the vehicle owner to file a23217
motion within seven days of the initial appearance. If the court23218
allows the vehicle owner to file such a motion after the initial23219
appearance, the extension of time granted by the court does not23220
extend the time within which the initial appearance is to be23221
conducted. If the court issues an order for the release of the23222
vehicle and its license plates, a copy of the order shall be made23223
available to the vehicle owner. If the vehicle owner presents a23224
copy of the order to the law enforcement agency that employs the23225
law enforcement officer who arrested the arrested person who was23226
operating the vehicle, the law enforcement agency promptly shall23227
release the vehicle and its license plates to the vehicle owner23228
upon payment by the vehicle owner of any expenses or charges23229
incurred in the removal and storage of the vehicle.23230

       (5) A vehicle seized under division (B)(1) of this section23231
either shall be towed to a place specified by the law enforcement23232
agency that employs the arresting officer to be safely kept by the23233
agency at that place for the time and in the manner specified in23234
this section or shall be otherwise immobilized for the time and in23235
the manner specified in this section. A law enforcement officer23236
of that agency shall remove the identification license plates of23237
the vehicle, and they shall be safely kept by the agency for the23238
time and in the manner specified in this section. No vehicle that23239
is seized and either towed or immobilized pursuant to this23240
division shall be considered contraband for purposes of section23241
2933.41, 2933.42, or 2933.43 of the Revised Code. The vehicle23242
shall not be immobilized at any place other than a commercially23243
operated private storage lot, a place owned by a law enforcement23244
agency or other government agency, or a place to which one of the23245
following applies:23246

       (a) The place is leased by or otherwise under the control of23247
a law enforcement agency or other government agency.23248

       (b) The place is owned by the vehicle operator, the vehicle23249
operator's spouse, or a parent or child of the vehicle operator.23250

       (c) The place is owned by a private person or entity, and,23251
prior to the immobilization, the private entity or person that23252
owns the place, or the authorized agent of that private entity or23253
person, has given express written consent for the immobilization23254
to be carried out at that place.23255

       (d) The place is a street or highway on which the vehicle is23256
parked in accordance with the law.23257

       (C)(1) A vehicle that is seized under division (B) of this23258
section shall be safely kept at the place to which it is towed or23259
otherwise moved by the law enforcement agency that employs the23260
arresting officer until the initial appearance of the vehicle23261
operatorarrested person relative to the charge in question. The23262
license plates of the vehicle that are removed pursuant to23263
division (B) of this section shall be safely kept by the law23264
enforcement agency that employs the arresting officer until the23265
initial appearance of the vehicle operatorarrested person23266
relative to the charge in question.23267

       (2)(a) At the initial appearance or not less than seven days23268
prior to the date of final disposition, the court shall notify the23269
vehicle operator, if the vehicle operator is the vehicle owner,23270
arrested person that, if title to a motor vehicle that is subject23271
to an order for criminal forfeiture under this section is assigned23272
or transferred and division (C)(B)(2) or (3) of section 4503.23423273
of the Revised Code applies, the court may fine the vehicle23274
operatorarrested person the value of the vehicle. If, at the23275
initial appearance, the vehicle operatorarrested person pleads23276
guilty to the violation of division (A) of section 4511.19 of the23277
Revised Code or of the municipal OMVIOVI ordinance or pleads no23278
contest to and is convicted of the violation, the court shall23279
impose sentence upon the vehicle operatorperson as provided by23280
law or ordinance; the court, except as provided in this division23281
and subject to section 4503.235 of the Revised Code, shall order23282
the immobilization of the vehicle the arrested person was23283
operating at the time of the offense if registered in the arrested23284
person's name and the impoundment of its license plates under23285
section 4503.233 and section 4511.19or 4511.193 or 4511.99 of the23286
Revised Code, or the criminal forfeiture to the state of the23287
vehicle if registered in the arrested person's name under section23288
4503.234 and section 4511.19or 4511.193 or 4511.99 of the Revised23289
Code, whichever is applicable; and the vehicle and its license23290
plates shall not be returned or released to the vehicle owner. If23291
the vehicle operator is not the vehicle owner and the vehicle23292
owner is not present at the vehicle operator's initial appearance23293
and if the court believes that the vehicle owner was not provided23294
adequate notice of the initial appearance, the court, in its23295
discretion, may refrain for a period of time not exceeding seven23296
days from ordering the immobilization of the vehicle and the23297
impoundment of its license plates, or the criminal forfeiture of23298
the vehicle so that the vehicle owner may appear before the court23299
to present evidence as to why the court should not order the23300
immobilization of the vehicle and the impoundment of its license23301
plates, or the criminal forfeiture of the vehicle. If the court23302
refrains from ordering the immobilization of the vehicle and the23303
impoundment of its license plates, or the criminal forfeiture of23304
the vehicle, section 4503.235 of the Revised Code applies relative23305
to the order of immobilization and impoundment, or the order of23306
forfeiturearrested person.23307

       (b) If, at any time, the charge that the vehicle operator23308
arrested person violated division (A) of section 4511.19 of the23309
Revised Code or the municipal OMVIOVI ordinance is dismissed for23310
any reason, the court shall order that the vehicle seized at the23311
time of the arrest and its license plates immediately be released23312
to the vehicle owner subject to the payment of expenses or charges23313
incurred in the removal and storage of the vehicleperson.23314

       (D) If a vehicle isand its license plates are seized under23315
division (B) of this section and isare not returned or released23316
to the vehicle ownerarrested person pursuant to division (C) of23317
this section, the vehicle orand its license plates shall be23318
retained until the final disposition of the charge in question.23319
Upon the final disposition of that charge, the court shall do23320
whichever of the following is applicable:23321

       (1) If the vehicle operatorarrested person is convicted of23322
or pleads guilty to the violation of division (A) of section23323
4511.19 of the Revised Code or of the municipal OMVIOVI23324
ordinance, the court shall impose sentence upon the vehicle23325
operatorperson as provided by law or ordinance and, subject to23326
section 4503.235 of the Revised Code, shall order the23327
immobilization of the vehicle the vehicle operatorperson was23328
operating at the time of, or that was involved in, the offense if23329
it is registered in the arrested person's name and the impoundment23330
of its license plates under section 4503.233 and section 4511.1923331
or 4511.193 or 4511.99 of the Revised Code, or the criminal23332
forfeiture of the vehicle if it is registered in the arrested23333
person's name under section 4503.234 and section 4511.19or23334
4511.193 or 4511.99 of the Revised Code, whichever is applicable.23335

       (2) If the vehicle operatorarrested person is found not23336
guilty of the violation of division (A) of section 4511.19 of the23337
Revised Code or of the municipal OMVIOVI ordinance, the court23338
shall order that the vehicle and its license plates immediately be23339
released to the vehicle owner upon the payment of any expenses or23340
charges incurred in its removal and storagearrested person.23341

       (3) If the charge that the vehicle operatorarrested person23342
violated division (A) of section 4511.19 of the Revised Code or23343
the municipal OMVIOVI ordinance is dismissed for any reason, the23344
court shall order that the vehicle and its license plates23345
immediately be released to the vehicle owner upon the payment of23346
any expenses or charges incurred in its removal and storage23347
arrested person.23348

       (4)If the impoundment of the vehicle was not authorized23349
under this section, the court shall order that the vehicle and its23350
license plates be returned immediately to the arrested person or,23351
if the arrested person is not the vehicle owner, to the vehicle23352
owner, and shall order that the state or political subdivision of23353
the law enforcement agency served by the law enforcement officer23354
who seized the vehicle pay all expenses and charges incurred in23355
its removal and storage.23356

       (E) If a vehicle is seized under division (B) of this23357
section, the time between the seizure of the vehicle and either23358
its release to the vehicle ownerarrested person under division23359
(C) of this section or the issuance of an order of immobilization23360
of the vehicle under section 4503.233 of the Revised Code shall be23361
credited against the period of immobilization ordered by the23362
court.23363

       (F)(1) The vehicle ownerExcept as provided in division23364
(D)(4) of this section, the arrested person may be charged23365
expenses or charges incurred in the removal and storage of the23366
immobilized vehicle. The court with jurisdiction over the case,23367
after notice to all interested parties, including lienholders, and23368
after an opportunity for them to be heard, if the vehicle owner23369
fails to appear in person, without good cause, or if the court23370
finds that the vehicle ownerarrested person does not intend to23371
seek release of the vehicle at the end of the period of23372
immobilization under section 4503.233 of the Revised Code or that23373
the vehicle ownerarrested person is not or will not be able to23374
pay the expenses and charges incurred in its removal and storage,23375
may order that title to the vehicle be transferred, in order of23376
priority, first into the name of the person or entity that removed23377
it, next into the name of a lienholder, or lastly into the name of23378
the owner of the place of storage.23379

       Any lienholder that receives title under a court order shall23380
do so on the condition that it pay any expenses or charges23381
incurred in the vehicle's removal and storage. If the person or23382
entity that receives title to the vehicle is the person or entity23383
that removed it, the person or entity shall receive title on the23384
condition that it pay any lien on the vehicle. The court shall23385
not order that title be transferred to any person or entity other23386
than the owner of the place of storage if the person or entity23387
refuses to receive the title. Any person or entity that receives23388
title either may keep title to the vehicle or may dispose of the23389
vehicle in any legal manner that it considers appropriate,23390
including assignment of the certificate of title to the motor23391
vehicle to a salvage dealer or a scrap metal processing facility.23392
The person or entity shall not transfer the vehicle to the person23393
who is the vehicle's immediate previous owner.23394

       If the person or entity that receives title assigns the motor23395
vehicle to a salvage dealer or scrap metal processing facility,23396
the person or entity shall send the assigned certificate of title23397
to the motor vehicle to the clerk of the court of common pleas of23398
the county in which the salvage dealer or scrap metal processing23399
facility is located. The person or entity shall mark the face of23400
the certificate of title with the words "for destructionFOR23401
DESTRUCTION" and shall deliver a photocopy of the certificate of23402
title to the salvage dealer or scrap metal processing facility for23403
its records.23404

       (2) Whenever a court issues an order under division (F)(1)23405
of this section, the court also shall order removal of the license23406
plates from the vehicle and cause them to be sent to the registrar23407
of motor vehicles if they have not already been sent to the23408
registrar. Thereafter, no further proceedings shall take place23409
under this section or under section 4503.233 of the Revised Code.23410

       (3) Prior to initiating a proceeding under division (F)(1)23411
of this section, and upon payment of the fee under division (B) of23412
section 4505.14 of the Revised Code, any interested party may23413
cause a search to be made of the public records of the bureau of23414
motor vehicles or the clerk of the court of common pleas, to23415
ascertain the identity of any lienholder of the vehicle. The23416
initiating party shall furnish this information to the clerk of23417
the court with jurisdiction over the case, and the clerk shall23418
provide notice to the vehicle owner, the defendantarrested23419
person, any lienholder, and any other interested parties listed by23420
the initiating party, at the last known address supplied by the23421
initiating party, by certified mail or, at the option of the23422
initiating party, by personal service or ordinary mail.23423

       Sec. 4511.196.  (A) If a person is arrested for being in23424
physical control of a vehicle, streetcar, or trackless trolley in23425
violation of section 4511.194 of the Revised Code, or for23426
operating a vehicle while under the influence of alcohol, a drug23427
of abuse, or alcohol and a drug of abuse or for operating a23428
vehicle with a prohibited concentration of alcohol in the blood,23429
breath, or urine and, streetcar, or trackless trolley in violation23430
of division (A) or (B) of section 4511.19 of the Revised Code or a23431
municipal OVI ordinance, regardless of whether the person's23432
driver's or commercial driver's license or permit or nonresident23433
operating privilege is or is not suspended under division (E) or23434
(F) of section 4511.191 of the Revised Code, the person's initial23435
appearance on the charge resulting from the arrest shall be held23436
within five days of the person's arrest or the issuance of the23437
citation to the person.23438

       (B)(1) If a person is arrested as described in division (A)23439
of this section, if the person's driver's or commercial driver's23440
license or permit or nonresident operating privilege has been23441
suspended under division (E) or (F) of section 4511.191 of the23442
Revised Code in relation to that arrest, if the person appeals the23443
suspension in accordance with division (H)(1) of that section23444
4511.197of the Revised Code, and if the judge, magistrate, or23445
mayor terminates the suspension in accordance with division (H)(2)23446
of that section, the judge, magistrate, or mayor,at any time23447
prior to adjudication on the merits of the charge resulting from23448
the arrest, may impose a new suspension of the person's license,23449
permit, or nonresident operating privilege, notwithstanding the23450
termination of the suspension imposed under division (E) or (F) of23451
section 4511.191 of the Revised Code, if the judge, magistrate, or23452
mayor determines that the person's continued driving will be a23453
threat to public safety.23454

       (2) If a person is arrested as described in division (A) of23455
this section and if the person's driver's or commercial driver's23456
license or permit or nonresident operating privilege has not been23457
suspended under division (E) or (F) of section 4511.191 of the23458
Revised Code in relation to that arrest, the judge, magistrate, or23459
mayor,at any time prior to the adjudication on the merits of the23460
charge resulting from the arrest, may impose a suspension of the23461
person's license, permit, or nonresident operating privilege if23462
the judge, magistrate, or mayor determines that the person's23463
continued driving will be a threat to public safety.23464

       (C) A suspension of a person's driver's or commercial23465
driver's license or permit or nonresident operating privilege23466
under division (B)(1) or (2) of this section shall continue until23467
the complaint on the charge resulting from the arrest is23468
adjudicated on the merits. A court that imposes a suspension23469
under division (B)(2) of this section shall send the person's23470
driver's license or permit to the registrar of motor vehicles. If23471
the court possesses the driver's or commercial driver's license or23472
permit of a person in the category described in division (B)(2) of23473
this section and the court does not impose a suspension under that23474
division (B)(2) of this section, the court shall return the23475
license or permit to the person if the license or permit has not23476
otherwise been suspended or revokedcancelled.23477

       Any time during which the person serves a suspension of the23478
person's driver's or commercial driver's license or, permit, or23479
nonresident operating privilege that is imposed pursuant to23480
division (B)(1) or (2) of this section shall be credited against23481
any period of judicial suspension of the person's license, permit,23482
or nonresident operating privilege that is imposed pursuant to23483
under division (B)(G) of section 4507.164511.19 of the Revised23484
Code or under section 4510.07 of the Revised Code for a violation23485
of a municipal ordinance substantially equivalent to division (A)23486
of section 4511.19 of the Revised Code.23487

       (D) If a person is arrested and charged with a violation of23488
section 2903.08 of the Revised Code or a violation of section23489
2903.06 of the Revised Code that is a felony offense, the judge at23490
the person's initial appearance, preliminary hearing, or23491
arraignment may suspend the person's driver's or commercial23492
driver's license or permit or nonresident operating privilege if23493
the judge determines at any of those proceedings that the person's23494
continued driving will be a threat to public safety.23495

       TheA suspension that may be imposed pursuant tounder this23496
division shall continue until the indictment or information23497
alleging the violation specified in this division is adjudicated23498
on the merits. A court that imposes a suspension under this23499
division shall send the person's driver's or commercial driver's23500
license or permit to the registrar.23501

       Sec. 4511.197.  (A) If a person is arrested for operating a23502
vehicle, streetcar, or trackless trolley in violation of division23503
(A) or (B) of section 4511.19 of the Revised Code or a municipal23504
OVI ordinance or for being in physical control of a vehicle,23505
streetcar, or trackless trolley in violation of section 4511.19423506
of the Revised Code and if the person's driver's or commercial23507
driver's license or permit or nonresident operating privilege is23508
suspended under section 4511.191 of the Revised Code, the person23509
may appeal the suspension at the person's initial appearance on23510
the charge resulting from the arrest or within the period ending23511
thirty days after the person's initial appearance on that charge,23512
in the court in which the person will appear on that charge. If23513
the person appeals the suspension, the appeal itself does not stay23514
the operation of the suspension. If the person appeals the23515
suspension, either the person or the registrar of motor vehicles23516
may request a continuance of the appeal and the court may grant23517
the continuance. The court also may continue the appeal on its23518
own motion. Neither the request for, nor the granting of, a23519
continuance stays the suspension that is the subject of the23520
appeal, unless the court specifically grants a stay.23521

       (B) A person shall file an appeal under division (A) of this23522
section in the municipal court, county court, juvenile court,23523
mayor's court, or court of common pleas that has jurisdiction over23524
the charge in relation to which the person was arrested.23525

       (C) If a person appeals a suspension under division (A) of23526
this section, the scope of the appeal is limited to determining23527
whether one or more of the following conditions have not been met:23528

       (1) Whether the arresting law enforcement officer had23529
reasonable ground to believe the arrested person was operating a23530
vehicle, streetcar, or trackless trolley in violation of division23531
(A) or (B) of section 4511.19 of the Revised Code or a municipal23532
OVI ordinance or was in physical control of a vehicle, streetcar,23533
or trackless trolley in violation of section 4511.194 of the23534
Revised Code and whether the arrested person was in fact placed23535
under arrest;23536

       (2) Whether the law enforcement officer requested the23537
arrested person to submit to the chemical test or tests designated23538
pursuant to division (A) of section 4511.191 of the Revised Code;23539

       (3) Whether the arresting officer informed the arrested23540
person of the consequences of refusing to be tested or of23541
submitting to the test or tests;23542

       (4) Whichever of the following is applicable:23543

       (a) Whether the arrested person refused to submit to the23544
chemical test or tests requested by the officer;23545

       (b) Whether the arrest was for a violation of division (A)23546
or (B) of section 4511.19 of the Revised Code or a municipal OVI23547
ordinance and, if it was, whether the chemical test results23548
indicate that the arrested person's whole blood contained a23549
concentration of ten-hundredths of one per cent or more by weight23550
of alcohol, the person's blood serum or plasma contained a23551
concentration of twelve-hundredths of one per cent or more by23552
weight of alcohol, the person's breath contained a concentration23553
of ten-hundredths of one gram or more by weight of alcohol per two23554
hundred ten liters of the person's breath, or the person's urine23555
contained a concentration of fourteen-hundredths of one gram or23556
more by weight of alcohol per one hundred milliliters of the23557
person's urine at the time of the alleged offense.23558

       (D) A person who appeals a suspension under division (A) of23559
this section has the burden of proving, by a preponderance of the23560
evidence, that one or more of the conditions specified in division23561
(C) of this section has not been met. If, during the appeal, the23562
judge or magistrate of the court or the mayor of the mayor's court23563
determines that all of those conditions have been met, the judge,23564
magistrate, or mayor shall uphold the suspension, continue the23565
suspension, and notify the registrar of motor vehicles of the23566
decision on a form approved by the registrar. 23567

       Except as otherwise provided in this section, if a suspension23568
imposed under section 4511.191 of the Revised Code is upheld on23569
appeal or if the subject person does not appeal the suspension23570
under division (A) of this section, the suspension shall continue23571
until the complaint alleging the violation for which the person23572
was arrested and in relation to which the suspension was imposed23573
is adjudicated on the merits or terminated pursuant to law. If23574
the suspension was imposed under division (B)(1) of section23575
4511.191 of the Revised Code and it is continued under this23576
section, any subsequent finding that the person is not guilty of23577
the charge that resulted in the person being requested to take the23578
chemical test or tests under division (A) of section 4511.191 of23579
the Revised Code does not terminate or otherwise affect the23580
suspension. If the suspension was imposed under division (C) of23581
section 4511.191 of the Revised Code in relation to an alleged23582
misdemeanor violation of division (A) or (B) of section 4511.19 of23583
the Revised Code or of a municipal OVI ordinance and it is23584
continued under this section, the suspension shall terminate if,23585
for any reason, the person subsequently is found not guilty of the23586
charge that resulted in the person taking the chemical test or23587
tests.23588

       If, during the appeal, the judge or magistrate of the trial23589
court or the mayor of the mayor's court determines that one or23590
more of the conditions specified in division (C) of this section23591
have not been met, the judge, magistrate, or mayor shall terminate23592
the suspension, subject to the imposition of a new suspension23593
under division (B) of section 4511.196 of the Revised Code; shall23594
notify the registrar of motor vehicles of the decision on a form23595
approved by the registrar; and, except as provided in division (B)23596
of section 4511.196 of the Revised Code, shall order the registrar23597
to return the driver's or commercial driver's license or permit to23598
the person or to take any other measures that may be necessary, if23599
the license or permit was destroyed under section 4510.53 of the23600
Revised Code, to permit the person to obtain a replacement23601
driver's or commercial driver's license or permit from the23602
registrar or a deputy registrar in accordance with that section.23603
The court also shall issue to the person a court order, valid for23604
not more than ten days from the date of issuance, granting the23605
person operating privileges for that period.23606

       (E) Any person whose driver's or commercial driver's license23607
or permit or nonresident operating privilege has been suspended23608
pursuant to section 4511.191 of the Revised Code may file a23609
petition requesting limited driving privileges in the common pleas23610
court, municipal court, county court, mayor's court, or juvenile23611
court with jurisdiction over the related criminal or delinquency23612
case. The petition may be filed at any time subsequent to the23613
date on which the arresting law enforcement officer serves the23614
notice of suspension upon the arrested person but no later than23615
thirty days after the arrested person's initial appearance or23616
arraignment. Upon the making of the request, limited driving23617
privileges may be granted under sections 4510.021 and 4510.13 of23618
the Revised Code, regardless of whether the person appeals the23619
suspension under this section or appeals the decision of the court23620
on the appeal, and, if the person has so appealed the suspension23621
or decision, regardless of whether the matter has been heard or23622
decided by the court. The person shall pay the costs of the23623
proceeding, notify the registrar of the filing of the petition,23624
and send the registrar a copy of the petition.23625

       The court may not grant the person limited driving privileges23626
when prohibited by section 4510.13 or 4511.191 of the Revised23627
Code.23628

       (F) Any person whose driver's or commercial driver's license23629
or permit has been suspended under section 4511.19 of the Revised23630
Code or under section 4510.07 of the Revised Code for a conviction23631
of a municipal OVI offense and who desires to retain the license23632
or permit during the pendency of an appeal, at the time sentence23633
is pronounced, shall notify the court of record or mayor's court23634
that suspended the license or permit of the person's intention to23635
appeal. If the person so notifies the court, the court, mayor, or23636
clerk of the court shall retain the license or permit until the23637
appeal is perfected, and, if execution of sentence is stayed, the23638
license or permit shall be returned to the person to be held by23639
the person during the pendency of the appeal. If the appeal is23640
not perfected or is dismissed or terminated in an affirmance of23641
the conviction, then the license or permit shall be taken up by23642
the court, mayor, or clerk, at the time of putting the sentence23643
into execution, and the court shall proceed in the same manner as23644
if no appeal was taken.23645

       (G) Except as otherwise provided in this division, if a23646
person whose driver's or commercial driver's license or permit or23647
nonresident operating privilege was suspended under section23648
4511.191 of the Revised Code appeals the suspension under division23649
(A) of this section, the prosecuting attorney of the county in23650
which the arrest occurred shall represent the registrar of motor23651
vehicles in the appeal. If the arrest occurred within a municipal23652
corporation within the jurisdiction of the court in which the23653
appeal is conducted, the city director of law, village solicitor,23654
or other chief legal officer of that municipal corporation shall23655
represent the registrar. If the appeal is conducted in a23656
municipal court, the registrar shall be represented as provided in23657
section 1901.34 of the Revised Code. If the appeal is conducted23658
in a mayor's court, the city director of law, village solicitor,23659
or other chief legal officer of the municipal corporation that23660
operates that mayor's court shall represent the registrar. 23661

       (H) The court shall give information in writing of any23662
action taken under this section to the registrar of motor23663
vehicles.23664

       (I) When it finally has been determined under the procedures23665
of this section that a nonresident's privilege to operate a23666
vehicle within this state has been suspended, the registrar of23667
motor vehicles shall give information in writing of the action23668
taken to the motor vehicle administrator of the state of the23669
nonresident's residence and of any state in which the nonresident23670
has a license.23671

       Sec. 4511.20. (A) No person shall operate a vehicle,23672
trackless trolley, or streetcar on any street or highway in23673
willful or wanton disregard of the safety of persons or property.23674

       (B)Except as otherwise provided in this division, whoever23675
violates this section is guilty of a minor misdemeanor. If,23676
within one year of the offense, the offender previously has been23677
convicted of or pleaded guilty to one predicate motor vehicle or23678
traffic offense, whoever violates this section is guilty of a23679
misdemeanor of the fourth degree. If, within one year of the23680
offense, the offender previously has been convicted of two or more23681
predicate motor vehicle or traffic offenses, whoever violates this23682
section is guilty of a misdemeanor of the third degree.23683

       Sec. 4511.201. (A) No person shall operate a vehicle,23684
trackless trolley, or streetcar on any public or private property23685
other than streets or highways, in willful or wanton disregard of23686
the safety of persons or property.23687

       This section does not apply to the competitive operation of23688
vehicles on public or private property when the owner of such23689
property knowingly permits such operation thereon.23690

       (B)Except as otherwise provided in this division, whoever23691
violates this section is guilty of a minor misdemeanor. If,23692
within one year of the offense, the offender previously has been23693
convicted of or pleaded guilty to one predicate motor vehicle or23694
traffic offense, whoever violates this section is guilty of a23695
misdemeanor of the fourth degree. If, within one year of the23696
offense, the offender previously has been convicted of two or more23697
predicate motor vehicle or traffic offenses, whoever violates this23698
section is guilty of a misdemeanor of the third degree.23699

       Sec. 4511.202. (A) No person shall operate a motor vehicle,23700
trackless trolley, or streetcar on any street, highway, or23701
property open to the public for vehicular traffic without being in23702
reasonable control of the vehicle, trolley, or streetcar.23703

       (B)Whoever violates this section is guilty of operating a23704
motor vehicle without being in control of it, a minor misdemeanor.23705

       Sec. 4507.33.        Sec. 4511.203. (A) No person shall authorize or23706
knowingly permit a motor vehicle owned by himthe person or under23707
histhe person's control to be driven by any personanother if23708
eitherany of the following appliesapply:23709

       (A)(1) The offender knows or has reasonable cause to believe23710
that the other person has no legal right to drive the motor23711
vehicle;does not have a valid driver's or commercial driver's23712
license or permit or valid nonresident driving privileges. 23713

       (2) The offender knows or has reasonable cause to believe23714
that the other person's driver's or commercial driver's license or23715
permit or nonresident operating privileges have been suspended or23716
canceled under Chapter 4510. or any other provision of the Revised23717
Code.23718

       (B)(3) The offender knows or has reasonable cause to believe23719
that the other person's act of driving the motor vehicle would23720
violate any prohibition contained in sections 4507.01 to 4507.3923721
Chapter4509. of the Revised Code.23722

       (4)The offender knows or has reasonable cause to believe23723
that the other person's act of driving would violate section23724
4511.19 of the Revised Code or any substantially equivalent23725
municipal ordinance.23726

       (B) Without limiting or precluding the consideration of any23727
other evidence in determining whether a violation of division23728
(A)(1), (2), (3), or (4) of this section has occurred, it shall be23729
prima-facie evidence that the offender knows or has reasonable23730
cause to believe that the operator of the motor vehicle owned by23731
the offender or under the offender's control is in a category23732
described in division (A)(1), (2), (3), or (4) of this section if23733
any of the following applies:23734

       (1) Regarding an operator allegedly in the category23735
described in division (A)(1) or (3) of this section, the offender23736
and the operator of the motor vehicle reside in the same household23737
and are related by consanguinity or affinity.23738

       (2) Regarding an operator allegedly in the category23739
described in division (A)(2) of this section, the offender and the23740
operator of the motor vehicle reside in the same household, and23741
the offender knows or has reasonable cause to believe that the23742
operator has been charged with or convicted of any violation of23743
law or ordinance, or has committed any other act or omission, that23744
would or could result in the suspension or cancellation of the23745
operator's license, permit, or privilege.23746

       (3) Regarding an operator allegedly in the category23747
described in division (A)(4) of this section, the offender and the23748
operator of the motor vehicle occupied the motor vehicle together23749
at the time of the offense.23750

       (C) Whoever violates this section is guilty of wrongful23751
entrustment of a motor vehicle, a misdemeanor of the first degree.23752
In addition to the penalties imposed under Chapter 2929. of the23753
Revised Code, the court shall impose a class seven suspension of23754
the offender's driver's license, commercial driver's license,23755
temporary instruction permit, probationary license, or nonresident23756
operating privilege from the range specified in division (A)(7) of23757
section 4510.02 of the Revised Code, and, if the vehicle involved23758
in the offense is registered in the name of the offender, the23759
court shall order one of the following:23760

       (1) Except as otherwise provided in division (C)(2) or (3)23761
of this section, the court shall order, for thirty days, the23762
immobilization of the vehicle involved in the offense and the23763
impoundment of that vehicle's license plates. The order shall be23764
issued and enforced under section 4503.233 of the Revised Code.23765

       (2) If the offender previously has been convicted of or23766
pleaded guilty to one violation of this section or a substantially23767
equivalent municipal ordinance, the court shall order, for sixty23768
days, the immobilization of the vehicle involved in the offense23769
and the impoundment of that vehicle's license plates. The order23770
shall be issued and enforced under section 4503.233 of the Revised23771
Code.23772

       (3) If the offender previously has been convicted of or23773
pleaded guilty to two or more violations of this section or a23774
substantially equivalent municipal ordinance, the court shall23775
order the criminal forfeiture to the state of the vehicle involved23776
in the offense. The order shall be issued and enforced under23777
section 4503.234 of the Revised Code.23778

       If title to a motor vehicle that is subject to an order for23779
criminal forfeiture under this division is assigned or transferred23780
and division (B)(2) or (3) of section 4503.234 of the Revised Code23781
applies, in addition to or independent of any other penalty23782
established by law, the court may fine the offender the value of23783
the vehicle as determined by publications of the national auto23784
dealer's association. The proceeds from any fine imposed under23785
this division shall be distributed in accordance with division23786
(C)(2) of section 4503.234 of the Revised Code.23787

       (D) If a court orders the immobilization of a vehicle under23788
division (C) of this section, the court shall not release the23789
vehicle from the immobilization before the termination of the23790
period of immobilization ordered unless the court is presented23791
with current proof of financial responsibility with respect to23792
that vehicle.23793

       (E) If a court orders the criminal forfeiture of a vehicle23794
under division (C) of this section, upon receipt of the order from23795
the court, neither the registrar of motor vehicles nor any deputy23796
registrar shall accept any application for the registration or23797
transfer of registration of any motor vehicle owned or leased by23798
the person named in the order. The period of denial shall be five23799
years after the date the order is issued, unless, during that23800
five-year period, the court with jurisdiction of the offense that23801
resulted in the order terminates the forfeiture and notifies the23802
registrar of the termination. If the court terminates the23803
forfeiture and notifies the registrar, the registrar shall take23804
all necessary measures to permit the person to register a vehicle23805
owned or leased by the person or to transfer the registration of23806
the vehicle.23807

       (F) This section does not apply to motor vehicle rental23808
dealers or motor vehicle leasing dealers, as defined in section23809
4549.65 of the Revised Code.23810

       (G) Evidence of a conviction of, plea of guilty to, or23811
adjudication as a delinquent child for a violation of this section23812
or a substantially similar municipal ordinance shall not be23813
admissible as evidence in any civil action that involves the23814
offender or delinquent child who is the subject of the conviction,23815
plea, or adjudication and that arises from the wrongful23816
entrustment of a motor vehicle.23817

        (H) As used in this section, a vehicle is owned by a23818
person if, at the time of a violation of this section, the vehicle23819
is registered in the person's name.23820

       Sec. 4511.21.  (A) No person shall operate a motor vehicle,23821
trackless trolley, or streetcar at a speed greater or less than is23822
reasonable or proper, having due regard to the traffic, surface,23823
and width of the street or highway and any other conditions, and23824
no person shall drive any motor vehicle, trackless trolley, or23825
streetcar in and upon any street or highway at a greater speed23826
than will permit the person to bring it to a stop within the23827
assured clear distance ahead.23828

       (B) It is prima-facie lawful, in the absence of a lower23829
limit declared pursuant to this section by the director of23830
transportation or local authorities, for the operator of a motor23831
vehicle, trackless trolley, or streetcar to operate the same at a23832
speed not exceeding the following:23833

       (1)(a) Twenty miles per hour in school zones during school23834
recess and while children are going to or leaving school during23835
the opening or closing hours, and when twenty miles per hour23836
school speed limit signs are erected; except that, on23837
controlled-access highways and expressways, if the right-of-way23838
line fence has been erected without pedestrian opening, the speed23839
shall be governed by division (B)(4) of this section and on23840
freeways, if the right-of-way line fence has been erected without23841
pedestrian opening, the speed shall be governed by divisions23842
(B)(8) and (9) of this section. The end of every school zone may23843
be marked by a sign indicating the end of the zone. Nothing in23844
this section or in the manual and specifications for a uniform23845
system of traffic control devices shall be construed to require23846
school zones to be indicated by signs equipped with flashing or23847
other lights, or giving other special notice of the hours in which23848
the school zone speed limit is in effect.23849

       (b) As used in this section and in section 4511.212 of the23850
Revised Code, "school" means any school chartered under section23851
3301.16 of the Revised Code and any nonchartered school that23852
during the preceding year filed with the department of education23853
in compliance with rule 3301-35-08 of the Ohio Administrative23854
Code, a copy of the school's report for the parents of the23855
school's pupils certifying that the school meets Ohio minimum23856
standards for nonchartered, nontax-supported schools and presents23857
evidence of this filing to the jurisdiction from which it is23858
requesting the establishment of a school zone.23859

       (c) As used in this section, "school zone" means that23860
portion of a street or highway passing a school fronting upon the23861
street or highway that is encompassed by projecting the school23862
property lines to the fronting street or highway, and also23863
includes that portion of a state highway. Upon request from local23864
authorities for streets and highways under their jurisdiction and23865
that portion of a state highway under the jurisdiction of the23866
director of transportation, the director may extend the23867
traditional school zone boundaries. The distances in divisions23868
(B)(1)(c)(i), (ii), and (iii) of this section shall not exceed23869
three hundred feet per approach per direction and are bounded by23870
whichever of the following distances or combinations thereof the23871
director approves as most appropriate:23872

       (i) The distance encompassed by projecting the school23873
building lines normal to the fronting highway and extending a23874
distance of three hundred feet on each approach direction;23875

       (ii) The distance encompassed by projecting the school23876
property lines intersecting the fronting highway and extending a23877
distance of three hundred feet on each approach direction;23878

       (iii) The distance encompassed by the special marking of the23879
pavement for a principal school pupil crosswalk plus a distance of23880
three hundred feet on each approach direction of the highway.23881

       Nothing in this section shall be construed to invalidate the23882
director's initial action on August 9, 1976, establishing all23883
school zones at the traditional school zone boundaries defined by23884
projecting school property lines, except when those boundaries are23885
extended as provided in divisions (B)(1)(a) and (c) of this23886
section.23887

       (d) As used in this division, "crosswalk" has the meaning23888
given that term in division (LL)(2) of section 4511.01 of the23889
Revised Code.23890

       The director may, upon request by resolution of the23891
legislative authority of a municipal corporation, the board of23892
trustees of a township, or a county board of mental retardation23893
and developmental disabilities created pursuant to Chapter 5126.23894
of the Revised Code, and upon submission by the municipal23895
corporation, township, or county board of such engineering,23896
traffic, and other information as the director considers23897
necessary, designate a school zone on any portion of a state route23898
lying within the municipal corporation, lying within the23899
unincorporated territory of the township, or lying adjacent to the23900
property of a school that is operated by such county board, that23901
includes a crosswalk customarily used by children going to or23902
leaving a school during recess and opening and closing hours,23903
whenever the distance, as measured in a straight line, from the23904
school property line nearest the crosswalk to the nearest point of23905
the crosswalk is no more than one thousand three hundred twenty23906
feet. Such a school zone shall include the distance encompassed23907
by the crosswalk and extending three hundred feet on each approach23908
direction of the state route.23909

       (2) Twenty-five miles per hour in all other portions of a23910
municipal corporation, except on state routes outside business23911
districts, through highways outside business districts, and23912
alleys;23913

       (3) Thirty-five miles per hour on all state routes or23914
through highways within municipal corporations outside business23915
districts, except as provided in divisions (B)(4) and (6) of this23916
section;23917

       (4) Fifty miles per hour on controlled-access highways and23918
expressways within municipal corporations;23919

       (5) Fifty-five miles per hour on highways outside of23920
municipal corporations, other than freeways as provided in23921
division (B)(12) of this section;23922

       (6) Fifty miles per hour on state routes within municipal23923
corporations outside urban districts unless a lower prima-facie23924
speed is established as further provided in this section;23925

       (7) Fifteen miles per hour on all alleys within the23926
municipal corporation;23927

       (8) Fifty-five miles per hour at all times on freeways with23928
paved shoulders inside municipal corporations, other than freeways23929
as provided in division (B)(12) of this section;23930

       (9) Fifty-five miles per hour at all times on freeways23931
outside municipal corporations, other than freeways as provided in23932
division (B)(12) of this section;23933

       (10) Fifty-five miles per hour at all times on all portions23934
of freeways that are part of the interstate system and on all23935
portions of freeways that are not part of the interstate system,23936
but are built to the standards and specifications that are23937
applicable to freeways that are part of the interstate system for23938
operators of any motor vehicle weighing in excess of eight23939
thousand pounds empty weight and any noncommercial bus;23940

       (11) Fifty-five miles per hour for operators of any motor23941
vehicle weighing eight thousand pounds or less empty weight and23942
any commercial bus at all times on all portions of freeways that23943
are part of the interstate system and that had such a speed limit23944
established prior to October 1, 1995, and freeways that are not23945
part of the interstate system, but are built to the standards and23946
specifications that are applicable to freeways that are part of23947
the interstate system and that had such a speed limit established23948
prior to October 1, 1995, unless a higher speed limit is23949
established under division (L) of this section;23950

       (12) Sixty-five miles per hour for operators of any motor23951
vehicle weighing eight thousand pounds or less empty weight and23952
any commercial bus at all times on all portions of the following:23953

       (a) Freeways that are part of the interstate system and that23954
had such a speed limit established prior to October 1, 1995, and23955
freeways that are not part of the interstate system, but are built23956
to the standards and specifications that are applicable to23957
freeways that are part of the interstate system and that had such23958
a speed limit established prior to October 1, 1995;23959

       (b) Freeways that are part of the interstate system and23960
freeways that are not part of the interstate system but are built23961
to the standards and specifications that are applicable to23962
freeways that are part of the interstate system, and that had such23963
a speed limit established under division (L) of this section;23964

       (c) Rural, divided, multi-lane highways that are designated23965
as part of the national highway system under the "National Highway23966
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,23967
and that had such a speed limit established under division (M) of23968
this section.23969

       (C) It is prima-facie unlawful for any person to exceed any23970
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),23971
(6), and (7) of this section, or any declared pursuant to this23972
section by the director or local authorities and it is unlawful23973
for any person to exceed any of the speed limitations in division23974
(D) of this section. No person shall be convicted of more than23975
one violation of this section for the same conduct, although23976
violations of more than one provision of this section may be23977
charged in the alternative in a single affidavit.23978

       (D) No person shall operate a motor vehicle, trackless23979
trolley, or streetcar upon a street or highway as follows:23980

       (1) At a speed exceeding fifty-five miles per hour, except23981
upon a freeway as provided in division (B)(12) of this section;23982

       (2) At a speed exceeding sixty-five miles per hour upon a23983
freeway as provided in division (B)(12) of this section except as23984
otherwise provided in division (D)(3) of this section;23985

       (3) If a motor vehicle weighing in excess of eight thousand23986
pounds empty weight or a noncommercial bus as prescribed in23987
division (B)(10) of this section, at a speed exceeding fifty-five23988
miles per hour upon a freeway as provided in that division;23989

       (4) At a speed exceeding the posted speed limit upon a23990
freeway for which the director has determined and declared a speed23991
limit of not more than sixty-five miles per hour pursuant to23992
division (L)(2) or (M) of this section;23993

       (5) At a speed exceeding sixty-five miles per hour upon a23994
freeway for which such a speed limit has been established through23995
the operation of division (L)(3) of this section;23996

       (6) At a speed exceeding the posted speed limit upon a23997
freeway for which the director has determined and declared a speed23998
limit pursuant to division (I)(2) of this section.23999

       (E) In every charge of violation of this section the24000
affidavit and warrant shall specify the time, place, and speed at24001
which the defendant is alleged to have driven, and in charges made24002
in reliance upon division (C) of this section also the speed which24003
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit24004
declared pursuant to, this section declares is prima-facie lawful24005
at the time and place of such alleged violation, except that in24006
affidavits where a person is alleged to have driven at a greater24007
speed than will permit the person to bring the vehicle to a stop24008
within the assured clear distance ahead the affidavit and warrant24009
need not specify the speed at which the defendant is alleged to24010
have driven.24011

       (F) When a speed in excess of both a prima-facie limitation24012
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of24013
this section is alleged, the defendant shall be charged in a24014
single affidavit, alleging a single act, with a violation24015
indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7)24016
of this section, or of a limit declared pursuant to this section24017
by the director or local authorities, and of the limitation in24018
division (D)(1), (2), (3), (4), (5), or (6) of this section. If24019
the court finds a violation of division (B)(1)(a), (2), (3), (4),24020
(6), or (7) of, or a limit declared pursuant to, this section has24021
occurred, it shall enter a judgment of conviction under such24022
division and dismiss the charge under division (D)(1), (2), (3),24023
(4), (5), or (6) of this section. If it finds no violation of24024
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit24025
declared pursuant to, this section, it shall then consider whether24026
the evidence supports a conviction under division (D)(1), (2),24027
(3), (4), (5), or (6) of this section.24028

       (G) Points shall be assessed for violation of a limitation24029
under division (D) of this section only when the court finds the24030
violation involved a speed of five miles per hour or more in24031
excess of the posted speed limitin accordance with section24032
4510.036 of the Revised Code.24033

       (H) Whenever the director determines upon the basis of a24034
geometric and traffic characteristic study that any speed limit24035
set forth in divisions (B)(1)(a) to (D) of this section is greater24036
or less than is reasonable or safe under the conditions found to24037
exist at any portion of a street or highway under the jurisdiction24038
of the director, the director shall determine and declare a24039
reasonable and safe prima-facie speed limit, which shall be24040
effective when appropriate signs giving notice of it are erected24041
at the location.24042

       (I)(1) Except as provided in divisions (I)(2) and (K) of24043
this section, whenever local authorities determine upon the basis24044
of an engineering and traffic investigation that the speed24045
permitted by divisions (B)(1)(a) to (D) of this section, on any24046
part of a highway under their jurisdiction, is greater than is24047
reasonable and safe under the conditions found to exist at such24048
location, the local authorities may by resolution request the24049
director to determine and declare a reasonable and safe24050
prima-facie speed limit. Upon receipt of such request the24051
director may determine and declare a reasonable and safe24052
prima-facie speed limit at such location, and if the director does24053
so, then such declared speed limit shall become effective only24054
when appropriate signs giving notice thereof are erected at such24055
location by the local authorities. The director may withdraw the24056
declaration of a prima-facie speed limit whenever in the24057
director's opinion the altered prima-facie speed becomes24058
unreasonable. Upon such withdrawal, the declared prima-facie24059
speed shall become ineffective and the signs relating thereto24060
shall be immediately removed by the local authorities.24061

       (2) A local authority may determine on the basis of a24062
geometric and traffic characteristic study that the speed limit of24063
sixty-five miles per hour on a portion of a freeway under its24064
jurisdiction that was established through the operation of24065
division (L)(3) of this section is greater than is reasonable or24066
safe under the conditions found to exist at that portion of the24067
freeway. If the local authority makes such a determination, the24068
local authority by resolution may request the director to24069
determine and declare a reasonable and safe speed limit of not24070
less than fifty-five miles per hour for that portion of the24071
freeway. If the director takes such action, the declared speed24072
limit becomes effective only when appropriate signs giving notice24073
of it are erected at such location by the local authority.24074

       (J) Local authorities in their respective jurisdictions may24075
authorize by ordinance higher prima-facie speeds than those stated24076
in this section upon through highways, or upon highways or24077
portions thereof where there are no intersections, or between24078
widely spaced intersections, provided signs are erected giving24079
notice of the authorized speed, but local authorities shall not24080
modify or alter the basic rule set forth in division (A) of this24081
section or in any event authorize by ordinance a speed in excess24082
of fifty miles per hour.24083

       Alteration of prima-facie limits on state routes by local24084
authorities shall not be effective until the alteration has been24085
approved by the director. The director may withdraw approval of24086
any altered prima-facie speed limits whenever in the director's24087
opinion any altered prima-facie speed becomes unreasonable, and24088
upon such withdrawal, the altered prima-facie speed shall become24089
ineffective and the signs relating thereto shall be immediately24090
removed by the local authorities.24091

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of24092
this section, "unimproved highway" means a highway consisting of24093
any of the following:24094

       (a) Unimproved earth;24095

       (b) Unimproved graded and drained earth;24096

       (c) Gravel.24097

       (2) Except as otherwise provided in divisions (K)(4) and (5)24098
of this section, whenever a board of township trustees determines24099
upon the basis of an engineering and traffic investigation that24100
the speed permitted by division (B)(5) of this section on any part24101
of an unimproved highway under its jurisdiction and in the24102
unincorporated territory of the township is greater than is24103
reasonable or safe under the conditions found to exist at the24104
location, the board may by resolution declare a reasonable and24105
safe prima-facie speed limit of fifty-five but not less than24106
twenty-five miles per hour. An altered speed limit adopted by a24107
board of township trustees under this division becomes effective24108
when appropriate traffic control devices, as prescribed in section24109
4511.11 of the Revised Code, giving notice thereof are erected at24110
the location, which shall be no sooner than sixty days after24111
adoption of the resolution.24112

       (3)(a) Whenever, in the opinion of a board of township24113
trustees, any altered prima-facie speed limit established by the24114
board under this division becomes unreasonable, the board may24115
adopt a resolution withdrawing the altered prima-facie speed24116
limit. Upon the adoption of such a resolution, the altered24117
prima-facie speed limit becomes ineffective and the traffic24118
control devices relating thereto shall be immediately removed.24119

       (b) Whenever a highway ceases to be an unimproved highway24120
and the board has adopted an altered prima-facie speed limit24121
pursuant to division (K)(2) of this section, the board shall, by24122
resolution, withdraw the altered prima-facie speed limit as soon24123
as the highway ceases to be unimproved. Upon the adoption of such24124
a resolution, the altered prima-facie speed limit becomes24125
ineffective and the traffic control devices relating thereto shall24126
be immediately removed.24127

       (4)(a) If the boundary of two townships rests on the24128
centerline of an unimproved highway in unincorporated territory24129
and both townships have jurisdiction over the highway, neither of24130
the boards of township trustees of such townships may declare an24131
altered prima-facie speed limit pursuant to division (K)(2) of24132
this section on the part of the highway under their joint24133
jurisdiction unless the boards of township trustees of both of the24134
townships determine, upon the basis of an engineering and traffic24135
investigation, that the speed permitted by division (B)(5) of this24136
section is greater than is reasonable or safe under the conditions24137
found to exist at the location and both boards agree upon a24138
reasonable and safe prima-facie speed limit of less than24139
fifty-five but not less than twenty-five miles per hour for that24140
location. If both boards so agree, each shall follow the24141
procedure specified in division (K)(2) of this section for24142
altering the prima-facie speed limit on the highway. Except as24143
otherwise provided in division (K)(4)(b) of this section, no speed24144
limit altered pursuant to division (K)(4)(a) of this section may24145
be withdrawn unless the boards of township trustees of both24146
townships determine that the altered prima-facie speed limit24147
previously adopted becomes unreasonable and each board adopts a24148
resolution withdrawing the altered prima-facie speed limit24149
pursuant to the procedure specified in division (K)(3)(a) of this24150
section.24151

       (b) Whenever a highway described in division (K)(4)(a) of24152
this section ceases to be an unimproved highway and two boards of24153
township trustees have adopted an altered prima-facie speed limit24154
pursuant to division (K)(4)(a) of this section, both boards shall,24155
by resolution, withdraw the altered prima-facie speed limit as24156
soon as the highway ceases to be unimproved. Upon the adoption of24157
the resolution, the altered prima-facie speed limit becomes24158
ineffective and the traffic control devices relating thereto shall24159
be immediately removed.24160

       (5) As used in division (K)(5) of this section:24161

       (a) "Commercial subdivision" means any platted territory24162
outside the limits of a municipal corporation and fronting a24163
highway where, for a distance of three hundred feet or more, the24164
frontage is improved with buildings in use for commercial24165
purposes, or where the entire length of the highway is less than24166
three hundred feet long and the frontage is improved with24167
buildings in use for commercial purposes.24168

       (b) "Residential subdivision" means any platted territory24169
outside the limits of a municipal corporation and fronting a24170
highway, where, for a distance of three hundred feet or more, the24171
frontage is improved with residences or residences and buildings24172
in use for business, or where the entire length of the highway is24173
less than three hundred feet long and the frontage is improved24174
with residences or residences and buildings in use for business.24175

       Whenever a board of township trustees finds upon the basis of24176
an engineering and traffic investigation that the prima-facie24177
speed permitted by division (B)(5) of this section on any part of24178
a highway under its jurisdiction that is located in a commercial24179
or residential subdivision, except on highways or portions thereof24180
at the entrances to which vehicular traffic from the majority of24181
intersecting highways is required to yield the right-of-way to24182
vehicles on such highways in obedience to stop or yield signs or24183
traffic control signals, is greater than is reasonable and safe24184
under the conditions found to exist at the location, the board may24185
by resolution declare a reasonable and safe prima-facie speed24186
limit of less than fifty-five but not less than twenty-five miles24187
per hour at the location. An altered speed limit adopted by a24188
board of township trustees under this division shall become24189
effective when appropriate signs giving notice thereof are erected24190
at the location by the township. Whenever, in the opinion of a24191
board of township trustees, any altered prima-facie speed limit24192
established by it under this division becomes unreasonable, it may24193
adopt a resolution withdrawing the altered prima-facie speed, and24194
upon such withdrawal, the altered prima-facie speed shall become24195
ineffective, and the signs relating thereto shall be immediately24196
removed by the township.24197

       (L)(1) Within one hundred twenty days of the effective date24198
of this amendmentFebruary 29, 1996, the director of24199
transportation, based upon a geometric and traffic characteristic24200
study of a freeway that is part of the interstate system or that24201
is not part of the interstate system, but is built to the24202
standards and specifications that are applicable to freeways that24203
are part of the interstate system, in consultation with the24204
director of public safety and, if applicable, the local authority24205
having jurisdiction over a portion of such freeway, may determine24206
and declare that the speed limit of less than sixty-five miles per24207
hour established on such freeway or portion of freeway either is24208
reasonable and safe or is less than that which is reasonable and24209
safe.24210

       (2) If the established speed limit for such a freeway or24211
portion of freeway is determined to be less than that which is24212
reasonable and safe, the director of transportation, in24213
consultation with the director of public safety and, if24214
applicable, the local authority having jurisdiction over the24215
portion of freeway, shall determine and declare a reasonable and24216
safe speed limit of not more than sixty-five miles per hour for24217
that freeway or portion of freeway.24218

       The director of transportation or local authority having24219
jurisdiction over the freeway or portion of freeway shall erect24220
appropriate signs giving notice of the speed limit at such24221
location within one hundred fifty days of the effective date of24222
this amendmentFebruary 29, 1996. Such speed limit becomes24223
effective only when such signs are erected at the location.24224

       (3) If, within one hundred twenty days of the effective date24225
of this amendmentFebruary 29, 1996, the director of24226
transportation does not make a determination and declaration of a24227
reasonable and safe speed limit for a freeway or portion of24228
freeway that is part of the interstate system or that is not part24229
of the interstate system, but is built to the standards and24230
specifications that are applicable to freeways that are part of24231
the interstate system and that has a speed limit of less than24232
sixty-five miles per hour, the speed limit on that freeway or24233
portion of a freeway shall be sixty-five miles per hour. The24234
director of transportation or local authority having jurisdiction24235
over the freeway or portion of the freeway shall erect appropriate24236
signs giving notice of the speed limit of sixty-five miles per24237
hour at such location within one hundred fifty days of the24238
effective date of this amendmentFebruary 29, 1996. Such speed24239
limit becomes effective only when such signs are erected at the24240
location. A speed limit established through the operation of24241
division (L)(3) of this section is subject to reduction under24242
division (I)(2) of this section.24243

       (M) Within three hundred sixty days after the effective date24244
of this amendmentFebruary 29, 1996, the director of24245
transportation, based upon a geometric and traffic characteristic24246
study of a rural, divided, multi-lane highway that has been24247
designated as part of the national highway system under the24248
"National Highway System Designation Act of 1995," 109 Stat. 568,24249
23 U.S.C.A. 103, in consultation with the director of public24250
safety and, if applicable, the local authority having jurisdiction24251
over a portion of the highway, may determine and declare that the24252
speed limit of less than sixty-five miles per hour established on24253
the highway or portion of highway either is reasonable and safe or24254
is less than that which is reasonable and safe.24255

       If the established speed limit for the highway or portion of24256
highway is determined to be less than that which is reasonable and24257
safe, the director of transportation, in consultation with the24258
director of public safety and, if applicable, the local authority24259
having jurisdiction over the portion of highway, shall determine24260
and declare a reasonable and safe speed limit of not more than24261
sixty-five miles per hour for that highway or portion of highway. 24262
The director of transportation or local authority having24263
jurisdiction over the highway or portion of highway shall erect24264
appropriate signs giving notice of the speed limit at such24265
location within three hundred ninety days after the effective date24266
of this amendmentFebruary 29, 1996. The speed limit becomes24267
effective only when such signs are erected at the location.24268

       (N) As used in this section:24269

       (1) "Interstate system" has the same meaning as in 2324270
U.S.C.A. 101.24271

       (2) "Commercial bus" means a motor vehicle designed for24272
carrying more than nine passengers and used for the transportation24273
of persons for compensation.24274

       (3) "Noncommercial bus" includes but is not limited to a24275
school bus or a motor vehicle operated solely for the24276
transportation of persons associated with a charitable or24277
nonprofit organization.24278

       (O)(1) A violation of any provision of this section is one24279
of the following:24280

       (a) Except as otherwise provided in divisions (O)(1)(b),24281
(1)(c), (2), and (3) of this section, a minor misdemeanor;24282

       (b) If, within one year of the offense, the offender24283
previously has been convicted of or pleaded guilty to two24284
violations of any provision of this section or of any provision of24285
a municipal ordinance that is substantially similar to any24286
provision of this section, a misdemeanor of the fourth degree;24287

       (c) If, within one year of the offense, the offender24288
previously has been convicted of or pleaded guilty to three or24289
more violations of any provision of this section or of any24290
provision of a municipal ordinance that is substantially similar24291
to any provision of this section, a misdemeanor of the third24292
degree;24293

       (2) If the offender has not previously been convicted of or24294
pleaded guilty to a violation of any provision of this section or24295
of any provision of a municipal ordinance that is substantially24296
similar to this section and operated a motor vehicle faster than24297
thirty-five miles an hour in a business district of a municipal24298
corporation, faster than fifty miles an hour in other portions of24299
a municipal corporation, or faster than thirty-five miles an hour24300
in a school zone during recess or while children are going to or24301
leaving school during the school's opening or closing hours, a24302
misdemeanor of the fourth degree.24303

       (3) Notwithstanding division (O)(1) of this section, if the24304
offender operated a motor vehicle in a construction zone where a24305
sign was then posted in accordance with section 4511.98 of the24306
Revised Code, the court, in addition to all other penalties24307
provided by law, shall impose upon the offender a fine of two24308
times the usual amount imposed for the violation. No court shall24309
impose a fine of two times the usual amount imposed for the24310
violation upon an offender if the offender alleges, in an24311
affidavit filed with the court prior to the offender's sentencing,24312
that the offender is indigent and is unable to pay the fine24313
imposed pursuant to this division and if the court determines that24314
the offender is an indigent person and unable to pay the fine.24315

       Sec. 4511.211.  (A) The owner of a private road or driveway24316
located in a private residential area containing twenty or more24317
dwelling units may establish a speed limit on the road or driveway24318
by complying with all of the following requirements:24319

       (1) The speed limit is not less than twenty-five miles per24320
hour and is indicated by a sign that is in a proper position, is24321
sufficiently legible to be seen by an ordinarily observant person,24322
and meets the specifications for the basic speed limit sign24323
included in the manual adopted by the department of transportation24324
pursuant to section 4511.09 of the Revised Code;24325

       (2) The owner has posted a sign at the entrance of the24326
private road or driveway that is in plain view and clearly informs24327
persons entering the road or driveway that they are entering24328
private property, a speed limit has been established for the road24329
or driveway, and the speed limit is enforceable by law enforcement24330
officers under state law.24331

       (B) No person shall operate a vehicle upon a private road or24332
driveway as provided in division (A) of this section at a speed24333
exceeding any speed limit established and posted pursuant to that24334
division.24335

       (C) When a speed limit is established and posted in24336
accordance with division (A) of this section, any law enforcement24337
officer may apprehend a person violating the speed limit of the24338
residential area by utilizing any of the means described in24339
section 4511.091 of the Revised Code or by any other accepted24340
method of determining the speed of a motor vehicle and may stop24341
and charge the person with exceeding the speed limit.24342

       (D) Points shall be assessed for violation of a speed limit24343
established and posted in accordance with division (A) of this24344
section only when the violation involves a speed of five miles per24345
hour or more in excess of the posted speed limitin accordance24346
with section 4510.036 of the Revised Code.24347

       (E) As used in this section:24348

       (1) "Owner" includes but is not limited to a person who24349
holds title to the real property in fee simple, a condominium24350
owners' association, a property owner's association, the board of24351
directors or trustees of a private community, and a nonprofit24352
corporation governing a private community.24353

       (2) "Private residential area containing twenty or more24354
dwelling units" does not include a Chautauqua assembly as defined24355
in section 4511.90 of the Revised Code.24356

       (F) A violation of division (B) of this section is one of24357
the following:24358

       (1) Except as otherwise provided in divisions (F)(2) and (3)24359
of this section, a minor misdemeanor;24360

       (2) If, within one year of the offense, the offender24361
previously has been convicted of or pleaded guilty to two24362
violations of division (B) of this section or of any municipal24363
ordinance that is substantially similar to division (B) of this24364
section, a misdemeanor of the fourth degree;24365

       (3) If, within one year of the offense, the offender24366
previously has been convicted of or pleaded guilty to three or24367
more violations of division (B) of this section or of any24368
municipal ordinance that is substantially similar to division (B)24369
of this section, a misdemeanor of the third degree.24370

       Sec. 4511.213.  (A) The driver of a motor vehicle, upon24371
approaching a stationary public safety vehicle that is displaying24372
a flashing red light, flashing combination red and white light,24373
oscillating or rotating red light, oscillating or rotating24374
combination red and white light, flashing blue light, flashing24375
combination blue and white light, oscillating or rotating blue24376
light, or oscillating or rotating combination blue and white24377
light, shall do either of the following:24378

       (1) If the driver of the motor vehicle is traveling on a24379
highway that consists of at least two lanes that carry traffic in24380
the same direction of travel as that of the driver's motor24381
vehicle, the driver shall proceed with due caution and, if24382
possible and with due regard to the road, weather, and traffic24383
conditions, shall change lanes into a lane that is not adjacent to24384
that of the stationary public safety vehicle.24385

       (2) If the driver is not traveling on a highway of a type24386
described in division (A)(1) of this section, or if the driver is24387
traveling on a highway of that type but it is not possible to24388
change lanes or if to do so would be unsafe, the driver shall24389
proceed with due caution, reduce the speed of the motor vehicle,24390
and maintain a safe speed for the road, weather, and traffic24391
conditions.24392

       (B) This section does not relieve the driver of a public24393
safety vehicle from the duty to drive with due regard for the24394
safety of all persons and property upon the highway.24395

       (C) No person shall fail to drive a motor vehicle in24396
compliance with division (A)(1) or (2) of this section when so24397
required by division (A) of this section.24398

       (D)(1) Except as otherwise provided in this division,24399
whoever violates this section is guilty of a minor misdemeanor.24400
If, within one year of the offense, the offender previously has24401
been convicted of or pleaded guilty to one predicate motor vehicle24402
or traffic offense, whoever violates this section is guilty of a24403
misdemeanor of the fourth degree. If, within one year of the24404
offense, the offender previously has been convicted of two or more24405
predicate motor vehicle or traffic offenses, whoever violates this24406
section is guilty of a misdemeanor of the third degree.24407

       (2) Notwithstanding section 2929.21 of the Revised Code,24408
upon a finding that a person operated a motor vehicle in violation24409
of division (C) of this section, the court, in addition to all24410
other penalties provided by law, shall impose a fine of two times24411
the usual amount imposed for the violation.24412

       (E) As used in this section, "public safety vehicle" has the24413
same meaning as in section 4511.01 of the Revised Code.24414

       Sec. 4511.22.  (A) No person shall stop or operate a24415
vehicle, trackless trolley, or street car at such a slow speed as24416
to impede or block the normal and reasonable movement of traffic,24417
except when stopping or reduced speed is necessary for safe24418
operation or to comply with law.24419

       (B) Whenever the director of transportation or local24420
authorities determine on the basis of an engineering and traffic24421
investigation that slow speeds on any part of a controlled-access24422
highway, expressway, or freeway consistently impede the normal and24423
reasonable movement of traffic, the director or such local24424
authority may declare a minimum speed limit below which no person24425
shall operate a motor vehicle, trackless trolley, or street car24426
except when necessary for safe operation or in compliance with24427
law. No minimum speed limit established hereunder shall be less24428
than thirty miles per hour, greater than fifty miles per hour, nor24429
effective until the provisions of section 4511.21 of the Revised24430
Code, relating to appropriate signs, have been fulfilled and local24431
authorities have obtained the approval of the director.24432

       (C)Except as otherwise provided in this division, whoever24433
violates this section is guilty of a minor misdemeanor. If,24434
within one year of the offense, the offender previously has been24435
convicted of or pleaded guilty to one predicate motor vehicle or24436
traffic offense, whoever violates this section is guilty of a24437
misdemeanor of the fourth degree. If, within one year of the24438
offense, the offender previously has been convicted of two or more24439
predicate motor vehicle or traffic offenses, whoever violates this24440
section is guilty of a misdemeanor of the third degree.24441

       Sec. 4511.23. (A) No person shall operate a vehicle,24442
trackless trolley, or streetcar over any bridge or other elevated24443
structure constituting a part of a highway at a speed which is24444
greater than the maximum speed that can be maintained with safety24445
to such bridge or structure, when such structure is posted with24446
signs as provided in this section.24447

       The department of transportation upon request from any local24448
authority shall, or upon its own initiative may, conduct an24449
investigation of any bridge or other elevated structure24450
constituting a part of a highway, and if it finds that such24451
structure cannot with safety withstand traffic traveling at the24452
speed otherwise permissible under sections 4511.01 to 4511.7824453
4511.85 and 4511.994511.98 of the Revised Code, the department24454
shall determine and declare the maximum speed of traffic which24455
such structure can withstand, and shall cause or permit suitable24456
signs stating such maximum speed to be erected and maintained at a24457
distance of at least one hundred feet before each end of such24458
structure.24459

       Upon the trial of any person charged with a violation of this24460
section, proof of said determination of the maximum speed by the24461
department and the existence of said signs shall constitute24462
prima-facie evidence of the maximum speed which can be maintained24463
with safety to such bridge or structure.24464

       (B)Except as otherwise provided in this division, whoever24465
violates this section is guilty of a minor misdemeanor. If,24466
within one year of the offense, the offender previously has been24467
convicted of or pleaded guilty to one predicate motor vehicle or24468
traffic offense, whoever violates this section is guilty of a24469
misdemeanor of the fourth degree. If, within one year of the24470
offense, the offender previously has been convicted of two or more24471
predicate motor vehicle or traffic offenses, whoever violates this24472
section is guilty of a misdemeanor of the third degree.24473

       Sec. 4511.25.  (A) Upon all roadways of sufficient width, a24474
vehicle or trackless trolley shall be driven upon the right half24475
of the roadway, except as follows:24476

       (1) When overtaking and passing another vehicle proceeding24477
in the same direction, or when making a left turn under the rules24478
governing such movements;24479

       (2) When an obstruction exists making it necessary to drive24480
to the left of the center of the highway; provided, any person so24481
doing shall yield the right of way to all vehicles traveling in24482
the proper direction upon the unobstructed portion of the highway24483
within such distance as to constitute an immediate hazard;24484

       (3) When driving upon a roadway divided into three or more24485
marked lanes for traffic under the rules applicable thereon;24486

       (4) When driving upon a roadway designated and posted with24487
signs for one-way traffic;24488

       (5) When otherwise directed by a police officer or traffic24489
control device.24490

       (B) Upon all roadways any vehicle or trackless trolley24491
proceeding at less than the normal speed of traffic at the time24492
and place and under the conditions then existing shall be driven24493
in the right-hand lane then available for traffic, or as close as24494
practicable to the right-hand curb or edge of the roadway, except24495
when overtaking and passing another vehicle or trackless trolley24496
proceeding in the same direction or when preparing for a left24497
turn.24498

       (C) Upon any roadway having four or more lanes for moving24499
traffic and providing for two-way movement of traffic, no vehicle24500
or trackless trolley shall be driven to the left of the center24501
line of the roadway, except when authorized by official traffic24502
control devices designating certain lanes to the left of the24503
center of the roadway for use by traffic not otherwise permitted24504
to use the lanes, or except as permitted under division (A)(2) of24505
this section.24506

       Division (C) of this sectionThis division shall not be24507
construed as prohibiting the crossing of the center line in making24508
a left turn into or from an alley, private road, or driveway.24509

       (D)Except as otherwise provided in this division, whoever24510
violates this section is guilty of a minor misdemeanor. If,24511
within one year of the offense, the offender previously has been24512
convicted of or pleaded guilty to one predicate motor vehicle or24513
traffic offense, whoever violates this section is guilty of a24514
misdemeanor of the fourth degree. If, within one year of the24515
offense, the offender previously has been convicted of two or more24516
predicate motor vehicle or traffic offenses, whoever violates this24517
section is guilty of a misdemeanor of the third degree.24518

       Sec. 4511.251.  (A) As used in this section and in sections24519
4507.021 and 4507.16section4510.036 of the Revised Code, "street24520
racing" means the operation of two or more vehicles from a point24521
side by side at accelerating speeds in a competitive attempt to24522
out-distance each other or the operation of one or more vehicles24523
over a common selected course, from the same point to the same24524
point, wherein timing is made of the participating vehicles24525
involving competitive accelerations or speeds. Persons rendering24526
assistance in any manner to such competitive use of vehicles shall24527
be equally charged as the participants. The operation of two or24528
more vehicles side by side either at speeds in excess of24529
prima-facie lawful speeds established by divisions (B)(1)(a) to24530
(B)(7) of section 4511.21 of the Revised Code or rapidly24531
accelerating from a common starting point to a speed in excess of24532
such prima-facie lawful speeds shall be prima-facie evidence of24533
street racing.24534

       (B) No person shall participate in street racing upon any24535
public road, street, or highway in this state.24536

       (C)Whoever violates this section is guilty of street racing,24537
a misdemeanor of the first degree. In addition to any other24538
sanctions, the court shall suspend the offender's driver's24539
license, commercial driver's license, temporary instruction24540
permit, probationary license, or nonresident operating privilege24541
for not less than thirty days or more than one year. No judge24542
shall suspend the first thirty days of any suspension of an24543
offender's license, permit, or privilege imposed under this24544
division.24545

       Sec. 4511.26. (A) Operators of vehicles and trackless24546
trolleys proceeding in opposite directions shall pass each other24547
to the right, and upon roadways having width for not more than one24548
line of traffic in each direction, each operator shall give to the24549
other one-half of the main traveled portion of the roadway or as24550
nearly one-half as is reasonable possible.24551

       (B)Except as otherwise provided in this division, whoever24552
violates this section is guilty of a minor misdemeanor. If,24553
within one year of the offense, the offender previously has been24554
convicted of or pleaded guilty to one predicate motor vehicle or24555
traffic offense, whoever violates this section is guilty of a24556
misdemeanor of the fourth degree. If, within one year of the24557
offense, the offender previously has been convicted of two or more24558
predicate motor vehicle or traffic offenses, whoever violates this24559
section is guilty of a misdemeanor of the third degree.24560

       Sec. 4511.27. (A) The following rules govern the overtaking24561
and passing of vehicles or trackless trolleys proceeding in the24562
same direction:24563

       (A)(1) The operator of a vehicle or trackless trolley24564
overtaking another vehicle or trackless trolley proceeding in the24565
same direction shall, except as provided in division (C)(A)(3) of24566
this section, signal to the vehicle or trackless trolley to be24567
overtaken, shall pass to the left thereof at a safe distance, and24568
shall not again drive to the right side of the roadway until24569
safely clear of the overtaken vehicle or trackless trolley.24570

       (B)(2) Except when overtaking and passing on the right is24571
permitted, the operator of an overtaken vehicle shall give way to24572
the right in favor of the overtaking vehicle at the latter's24573
audible signal, and hethe operator shall not increase the speed24574
of histhe operator's vehicle until completely passed by the24575
overtaking vehicle.24576

       (C)(3) The operator of a vehicle or trackless trolley24577
overtaking and passing another vehicle or trackless trolley24578
proceeding in the same direction on a divided highway as defined24579
in section 4511.35 of the Revised Code, a limited access highway24580
as defined in section 5511.02 of the Revised Code, or a highway24581
with four or more traffic lanes, is not required to signal audibly24582
to the vehicle or trackless trolley being overtaken and passed.24583

       (B)Except as otherwise provided in this division, whoever24584
violates this section is guilty of a minor misdemeanor. If,24585
within one year of the offense, the offender previously has been24586
convicted of or pleaded guilty to one predicate motor vehicle or24587
traffic offense, whoever violates this section is guilty of a24588
misdemeanor of the fourth degree. If, within one year of the24589
offense, the offender previously has been convicted of two or more24590
predicate motor vehicle or traffic offenses, whoever violates this24591
section is guilty of a misdemeanor of the third degree.24592

       Sec. 4511.28.  (A) The driver of a vehicle or trackless24593
trolley may overtake and pass upon the right of another vehicle or24594
trackless trolley only under the following conditions:24595

       (1) When the vehicle or trackless trolley overtaken is24596
making or about to make a left turn;24597

       (2) Upon a roadway with unobstructed pavement of sufficient24598
width for two or more lines of vehicles moving lawfully in the24599
direction being traveled by the overtaking vehicle.24600

       (B) The driver of a vehicle or trackless trolley may24601
overtake and pass another vehicle or trackless trolley only under24602
conditions permitting such movement in safety. The movement shall24603
not be made by driving off the roadway.24604

       (C)Except as otherwise provided in this division, whoever24605
violates this section is guilty of a minor misdemeanor. If,24606
within one year of the offense, the offender previously has been24607
convicted of or pleaded guilty to one predicate motor vehicle or24608
traffic offense, whoever violates this section is guilty of a24609
misdemeanor of the fourth degree. If, within one year of the24610
offense, the offender previously has been convicted of two or more24611
predicate motor vehicle or traffic offenses, whoever violates this24612
section is guilty of a misdemeanor of the third degree.24613

       Sec. 4511.29. (A) No vehicle or trackless trolley shall be24614
driven to the left of the center of the roadway in overtaking and24615
passing traffic proceeding in the same direction, unless such left24616
side is clearly visible and is free of oncoming traffic for a24617
sufficient distance ahead to permit such overtaking and passing to24618
be completely made, without interfering with the safe operation of24619
any traffic approaching from the opposite direction or any traffic24620
overtaken. In every event the overtaking vehicle or trackless24621
trolley must return to an authorized lane of travel as soon as24622
practicable and in the event the passing movement involves the use24623
of a lane authorized for traffic approaching from the opposite24624
direction, before coming within two hundred feet of any24625
approaching vehicle.24626

       (B)Except as otherwise provided in this division, whoever24627
violates this section is guilty of a minor misdemeanor. If,24628
within one year of the offense, the offender previously has been24629
convicted of or pleaded guilty to one predicate motor vehicle or24630
traffic offense, whoever violates this section is guilty of a24631
misdemeanor of the fourth degree. If, within one year of the24632
offense, the offender previously has been convicted of two or more24633
predicate motor vehicle or traffic offenses, whoever violates this24634
section is guilty of a misdemeanor of the third degree.24635

       Sec. 4511.30. (A) No vehicle or trackless trolley shall be24636
driven upon the left side of the roadway under the following24637
conditions:24638

       (A)(1) When approaching the crest of a grade or upon a curve24639
in the highway, where the operator's view is obstructed within24640
such a distance as to create a hazard in the event traffic might24641
approach from the opposite direction;24642

       (B)(2) When the view is obstructed upon approaching within24643
one hundred feet of any bridge, viaduct, or tunnel;24644

       (C)(3) When approaching within one hundred feet of or24645
traversing any intersection or railroad grade crossing.24646

       (B) This section does not apply to vehicles or trackless24647
trolleys upon a one-way roadway, upon a roadway where traffic is24648
lawfully directed to be driven to the left side, or under the24649
conditions described in division (A)(2) of section 4511.25 of the24650
Revised Code.24651

       (C)Except as otherwise provided in this division, whoever24652
violates this section is guilty of a minor misdemeanor. If,24653
within one year of the offense, the offender previously has been24654
convicted of or pleaded guilty to one predicate motor vehicle or24655
traffic offense, whoever violates this section is guilty of a24656
misdemeanor of the fourth degree. If, within one year of the24657
offense, the offender previously has been convicted of two or more24658
predicate motor vehicle or traffic offenses, whoever violates this24659
section is guilty of a misdemeanor of the third degree.24660

       Sec. 4511.31. (A) The department of transportation may24661
determine those portions of any state highway where overtaking and24662
passing other traffic or driving to the left of the center or24663
center line of the roadway would be especially hazardous, and may,24664
by appropriate signs or markings on the highway, indicate the24665
beginning and end of such zones. When such signs or markings are24666
in place and clearly visible, every operator of a vehicle or24667
trackless trolley shall obey the directions thereofof the signs24668
or markings, notwithstanding the distances set out in section24669
4511.30 of the Revised Code.24670

       (B)Except as otherwise provided in this division, whoever24671
violates this section is guilty of a minor misdemeanor. If,24672
within one year of the offense, the offender previously has been24673
convicted of or pleaded guilty to one predicate motor vehicle or24674
traffic offense, whoever violates this section is guilty of a24675
misdemeanor of the fourth degree. If, within one year of the24676
offense, the offender previously has been convicted of two or more24677
predicate motor vehicle or traffic offenses, whoever violates this24678
section is guilty of a misdemeanor of the third degree.24679

       Sec. 4511.32. (A) The department of transportation may24680
designate any highway or any separate roadway under its24681
jurisdiction for one-way traffic and shall erect appropriate signs24682
giving notice thereof.24683

       Upon a roadway designated and posted with signs for one-way24684
traffic a vehicle shall be driven only in the direction24685
designated.24686

       A vehicle passing around a rotary traffic island shall be24687
driven only to the right of suchthe rotary traffic island.24688

       (B)Except as otherwise provided in this division, whoever24689
violates this section is guilty of a minor misdemeanor. If,24690
within one year of the offense, the offender previously has been24691
convicted of or pleaded guilty to one predicate motor vehicle or24692
traffic offense, whoever violates this section is guilty of a24693
misdemeanor of the fourth degree. If, within one year of the24694
offense, the offender previously has been convicted of two or more24695
predicate motor vehicle or traffic offenses, whoever violates this24696
section is guilty of a misdemeanor of the third degree.24697

       Sec. 4511.33. (A) Whenever any roadway has been divided24698
into two or more clearly marked lanes for traffic, or wherever24699
within municipal corporations traffic is lawfully moving in two or24700
more substantially continuous lines in the same direction, the24701
following rules apply:24702

       (A)(1) A vehicle or trackless trolley shall be driven, as24703
nearly as is practicable, entirely within a single lane or line of24704
traffic and shall not be moved from such lane or line until the24705
driver has first ascertained that such movement can be made with24706
safety.24707

       (B)(2) Upon a roadway which is divided into three lanes and24708
provides for two-way movement of traffic, a vehicle or trackless24709
trolley shall not be driven in the center lane except when24710
overtaking and passing another vehicle or trackless trolley where24711
the roadway is clearly visible and such center lane is clear of24712
traffic within a safe distance, or when preparing for a left turn,24713
or where such center lane is at the time allocated exclusively to24714
traffic moving in the direction the vehicle or trackless trolley24715
is proceeding and is posted with signs to give notice of such24716
allocation.24717

       (C)(3) Official signs may be erected directing specified24718
traffic to use a designated lane or designating those lanes to be24719
used by traffic moving in a particular direction regardless of the24720
center of the roadway, and drivers of vehicles and trackless24721
trolleys shall obey the directions of such signs.24722

       (D)(4) Official traffic control devices may be installed24723
prohibiting the changing of lanes on sections of roadway and24724
drivers of vehicles shall obey the directions of every such24725
device.24726

       (B)Except as otherwise provided in this division, whoever24727
violates this section is guilty of a minor misdemeanor. If,24728
within one year of the offense, the offender previously has been24729
convicted of or pleaded guilty to one predicate motor vehicle or24730
traffic offense, whoever violates this section is guilty of a24731
misdemeanor of the fourth degree. If, within one year of the24732
offense, the offender previously has been convicted of two or more24733
predicate motor vehicle or traffic offenses, whoever violates this24734
section is guilty of a misdemeanor of the third degree.24735

       Sec. 4511.34. (A) The operator of a motor vehicle,24736
streetcar, or trackless trolley shall not follow another vehicle,24737
streetcar, or trackless trolley more closely than is reasonable24738
and prudent, having due regard for the speed of such vehicle,24739
streetcar, or trackless trolley, and the traffic upon and the24740
condition of the highway.24741

       The driver of any truck, or motor vehicle drawing another24742
vehicle, when traveling upon a roadway outside a business or24743
residence district shall maintain a sufficient space, whenever24744
conditions permit, between such vehicle and another vehicle ahead24745
so an overtaking motor vehicle may enter and occupy such space24746
without danger. This paragraph does not prevent overtaking and24747
passing nor does it apply to any lane specially designated for use24748
by trucks.24749

       Outside a municipal corporation, the driver of any truck, or24750
motor vehicle when drawing another vehicle, while ascending to the24751
crest of a grade beyond which the driver's view of a roadway is24752
obstructed, shall not follow within three hundred feet of another24753
truck, or motor vehicle drawing another vehicle. This paragraph24754
shall not apply to any lane specially designated for use by24755
trucks.24756

       Motor vehicles being driven upon any roadway outside of a24757
business or residence district in a caravan or motorcade, shall24758
maintain a sufficient space between such vehicles so an overtaking24759
vehicle may enter and occupy such space without danger. This24760
paragraph shall not apply to funeral processions.24761

       (B)Except as otherwise provided in this division, whoever24762
violates this section is guilty of a minor misdemeanor. If,24763
within one year of the offense, the offender previously has been24764
convicted of or pleaded guilty to one predicate motor vehicle or24765
traffic offense, whoever violates this section is guilty of a24766
misdemeanor of the fourth degree. If, within one year of the24767
offense, the offender previously has been convicted of two or more24768
predicate motor vehicle or traffic offenses, whoever violates this24769
section is guilty of a misdemeanor of the third degree.24770

       Sec. 4511.35. (A) Whenever any highway has been divided24771
into two roadways by an intervening space, or by a physical24772
barrier, or clearly indicated dividing section so constructed as24773
to impede vehicular traffic, every vehicle shall be driven only24774
upon the right-hand roadway, and no vehicle shall be driven over,24775
across, or within any such dividing space, barrier, or section,24776
except through an opening, crossover, or intersection established24777
by public authority. This section does not prohibit the occupancy24778
of such dividing space, barrier, or section for the purpose of an24779
emergency stop or in compliance with an order of a police officer.24780

       (B)Except as otherwise provided in this division, whoever24781
violates this section is guilty of a minor misdemeanor. If,24782
within one year of the offense, the offender previously has been24783
convicted of or pleaded guilty to one predicate motor vehicle or24784
traffic offense, whoever violates this section is guilty of a24785
misdemeanor of the fourth degree. If, within one year of the24786
offense, the offender previously has been convicted of two or more24787
predicate motor vehicle or traffic offenses, whoever violates this24788
section is guilty of a misdemeanor of the third degree.24789

       Sec. 4511.36. (A) The driver of a vehicle intending to turn24790
at an intersection shall be governed by the following rules:24791

       (A)(1) Approach for a right turn and a right turn shall be24792
made as close as practicable to the right-hand curb or edge of the24793
roadway.24794

       (B)(2) At any intersection where traffic is permitted to24795
move in both directions on each roadway entering the intersection,24796
an approach for a left turn shall be made in that portion of the24797
right half of the roadway nearest the center line thereof and by24798
passing to the right of such center line where it enters the24799
intersection and after entering the intersection the left turn24800
shall be made so as to leave the intersection to the right of the24801
center line of the roadway being entered. Whenever practicable24802
the left turn shall be made in that portion of the intersection to24803
the left of the center of the intersection.24804

       (C)(3) At any intersection where traffic is restricted to24805
one direction on one or more of the roadways, the driver of a24806
vehicle intending to turn left at any such intersection shall24807
approach the intersection in the extreme left-hand lane lawfully24808
available to traffic moving in the direction of travel of such24809
vehicle, and after entering the intersection the left turn shall24810
be made so as to leave the intersection, as nearly as practicable,24811
in the left-hand lane of the roadway being entered lawfully24812
available to traffic moving in that lane.24813

       (B) The operator of a trackless trolley shall comply with24814
divisions (A)(1), (B)(2), and (C)(3) of this section wherever24815
practicable.24816

       (C) The department of transportation and local authorities24817
in their respective jurisdictions may cause markers, buttons, or24818
signs to be placed within or adjacent to intersections and thereby24819
require and direct that a different course from that specified in24820
this section be traveled by vehicles, streetcars, or trackless24821
trolleys, turning at an intersection, and when markers, buttons,24822
or signs are so placed, no operator of a vehicle, streetcar, or24823
trackless trolley shall turn such vehicle, streetcar, or trackless24824
trolley at an intersection other than as directed and required by24825
such markers, buttons, or signs.24826

       (D)Except as otherwise provided in this division, whoever24827
violates this section is guilty of a minor misdemeanor. If,24828
within one year of the offense, the offender previously has been24829
convicted of or pleaded guilty to one predicate motor vehicle or24830
traffic offense, whoever violates this section is guilty of a24831
misdemeanor of the fourth degree. If, within one year of the24832
offense, the offender previously has been convicted of two or more24833
predicate motor vehicle or traffic offenses, whoever violates this24834
section is guilty of a misdemeanor of the third degree.24835

       Sec. 4511.37.  (A) Except as provided in division (B) of24836
this section, no vehicle shall be turned so as to proceed in the24837
opposite direction upon any curve, or upon the approach to or near24838
the crest of a grade, if the vehicle cannot be seen within five24839
hundred feet by the driver of any other vehicle approaching from24840
either direction.24841

       (B) The driver of an emergency vehicle or public safety24842
vehicle, when responding to an emergency call, may turn the24843
vehicle so as to proceed in the opposite direction. This division24844
applies only when the emergency vehicle or public safety vehicle24845
is responding to an emergency call, is equipped with and24846
displaying at least one flashing, rotating, or oscillating light24847
visible under normal atmospheric conditions from a distance of24848
five hundred feet to the front of the vehicle, and when the driver24849
of the vehicle is giving an audible signal by siren, exhaust24850
whistle, or bell. This division does not relieve the driver of an24851
emergency vehicle or public safety vehicle from the duty to drive24852
with due regard for the safety of all persons and property upon24853
the highway.24854

       (C)Except as otherwise provided in this division, whoever24855
violates this section is guilty of a minor misdemeanor. If,24856
within one year of the offense, the offender previously has been24857
convicted of or pleaded guilty to one predicate motor vehicle or24858
traffic offense, whoever violates this section is guilty of a24859
misdemeanor of the fourth degree. If, within one year of the24860
offense, the offender previously has been convicted of two or more24861
predicate motor vehicle or traffic offenses, whoever violates this24862
section is guilty of a misdemeanor of the third degree.24863

       Sec. 4511.38. (A) No person shall start a vehicle,24864
streetcar, or trackless trolley which is stopped, standing, or24865
parked until such movement can be made with reasonable safety.24866

       Before backing, operators of vehicle, streetcars, or24867
trackless trolleys shall give ample warning, and while backing24868
they shall exercise vigilance not to injure person or property on24869
the street or highway.24870

       No person shall back a motor vehicle on a freeway, except: in24871
a rest area; in the performance of public works or official24872
duties; as a result of an emergency caused by an accident or24873
breakdown of a motor vehicle.24874

       (B)Except as otherwise provided in this division, whoever24875
violates this section is guilty of a minor misdemeanor. If,24876
within one year of the offense, the offender previously has been24877
convicted of or pleaded guilty to one predicate motor vehicle or24878
traffic offense, whoever violates this section is guilty of a24879
misdemeanor of the fourth degree. If, within one year of the24880
offense, the offender previously has been convicted of two or more24881
predicate motor vehicle or traffic offenses, whoever violates this24882
section is guilty of a misdemeanor of the third degree.24883

       Sec. 4511.39. (A) No person shall turn a vehicle or24884
trackless trolley or move right or left upon a highway unless and24885
until such person has exercised due care to ascertain that the24886
movement can be made with reasonable safety nor without giving an24887
appropriate signal in the manner hereinafter provided.24888

       When required, a signal of intention to turn or move right or24889
left shall be given continuously during not less than the last one24890
hundred feet traveled by the vehicle or trackless trolley before24891
turning.24892

       No person shall stop or suddenly decrease the speed of a24893
vehicle or trackless trolley without first giving an appropriate24894
signal in the manner provided herein to the driver of any vehicle24895
or trackless trolley immediately to the rear when there is24896
opportunity to give a signal.24897

       Any stop or turn signal required by this section shall be24898
given either by means of the hand and arm, or by signal lights24899
that clearly indicate to both approaching and following traffic24900
intention to turn or move right or left, except that any motor24901
vehicle in use on a highway shall be equipped with, and the24902
required signal shall be given by, signal lights when the distance24903
from the center of the top of the steering post to the left24904
outside limit of the body, cab, or load of such motor vehicle24905
exceeds twenty-four inches, or when the distance from the center24906
of the top of the steering post to the rear limit of the body or24907
load thereof exceeds fourteen feet, whether a single vehicle or a24908
combination of vehicles.24909

       The signal lights required by this section shall not be24910
flashed on one side only on a disabled vehicle or trackless24911
trolley, flashed as a courtesy or "do pass" signal to operators of24912
other vehicles or trackless trolleys approaching from the rear,24913
nor be flashed on one side only of a parked vehicle or trackless24914
trolley except as may be necessary for compliance with this24915
section.24916

       (B)Except as otherwise provided in this division, whoever24917
violates this section is guilty of a minor misdemeanor. If,24918
within one year of the offense, the offender previously has been24919
convicted of or pleaded guilty to one predicate motor vehicle or24920
traffic offense, whoever violates this section is guilty of a24921
misdemeanor of the fourth degree. If, within one year of the24922
offense, the offender previously has been convicted of two or more24923
predicate motor vehicle or traffic offenses, whoever violates this24924
section is guilty of a misdemeanor of the third degree.24925

       Sec. 4511.40.  (A) Except as provided in division (B) of24926
this section, all signals required by sections 4511.01 to 4511.7824927
of the Revised Code, when given by hand and arm, shall be given24928
from the left side of the vehicle in the following manner, and24929
such signals shall indicate as follows:24930

       (1) Left turn, hand and arm extended horizontally;24931

       (2) Right turn, hand and arm extended upward;24932

       (3) Stop or decrease speed, hand and arm extended downward.24933

       (B) As an alternative to division (A)(2) of this section, a24934
person operating a bicycle may give a right turn signal by24935
extending the right hand and arm horizontally and to the right24936
side of the bicycle.24937

       (C)Except as otherwise provided in this division, whoever24938
violates this section is guilty of a minor misdemeanor. If,24939
within one year of the offense, the offender previously has been24940
convicted of or pleaded guilty to one predicate motor vehicle or24941
traffic offense, whoever violates this section is guilty of a24942
misdemeanor of the fourth degree. If, within one year of the24943
offense, the offender previously has been convicted of two or more24944
predicate motor vehicle or traffic offenses, whoever violates this24945
section is guilty of a misdemeanor of the third degree.24946

       Sec. 4511.41.  (A) When two vehicles, including any24947
trackless trolley or streetcar, approach or enter an intersection24948
from different streets or highways at approximately the same time,24949
the driver of the vehicle on the left shall yield the right-of-way24950
to the vehicle on the right.24951

       (B) The right-of-way rule declared in division (A) of this24952
section is modified at through highways and otherwise as stated in24953
Chapter 4511. of the Revised Code.24954

       (C)Except as otherwise provided in this division, whoever24955
violates this section is guilty of a minor misdemeanor. If,24956
within one year of the offense, the offender previously has been24957
convicted of or pleaded guilty to one predicate motor vehicle or24958
traffic offense, whoever violates this section is guilty of a24959
misdemeanor of the fourth degree. If, within one year of the24960
offense, the offender previously has been convicted of two or more24961
predicate motor vehicle or traffic offenses, whoever violates this24962
section is guilty of a misdemeanor of the third degree.24963

       Sec. 4511.42. (A) The operator of a vehicle, streetcar, or24964
trackless trolley intending to turn to the left within an24965
intersection or into an alley, private road, or driveway shall24966
yield the right of way to any vehicle, streetcar, or trackless24967
trolley approaching from the opposite direction, whenever the24968
approaching vehicle, streetcar, or trackless trolley is within the24969
intersection or so close to the intersection, alley, private road,24970
or driveway as to constitute an immediate hazard.24971

       (B)Except as otherwise provided in this division, whoever24972
violates this section is guilty of a minor misdemeanor. If,24973
within one year of the offense, the offender previously has been24974
convicted of or pleaded guilty to one predicate motor vehicle or24975
traffic offense, whoever violates this section is guilty of a24976
misdemeanor of the fourth degree. If, within one year of the24977
offense, the offender previously has been convicted of two or more24978
predicate motor vehicle or traffic offenses, whoever violates this24979
section is guilty of a misdemeanor of the third degree.24980

       Sec. 4511.43.  (A) Except when directed to proceed by a law24981
enforcement officer, every driver of a vehicle or trackless24982
trolley approaching a stop sign shall stop at a clearly marked24983
stop line, but if none, before entering the crosswalk on the near24984
side of the intersection, or, if none, then at the point nearest24985
the intersecting roadway where the driver has a view of24986
approaching traffic on the intersecting roadway before entering24987
it. After having stopped, the driver shall yield the right-of-way24988
to any vehicle in the intersection or approaching on another24989
roadway so closely as to constitute an immediate hazard during the24990
time the driver is moving across or within the intersection or24991
junction of roadways.24992

       (B) The driver of a vehicle or trackless trolley approaching24993
a yield sign shall slow down to a speed reasonable for the24994
existing conditions and, if required for safety to stop, shall24995
stop at a clearly marked stop line, but if none, before entering24996
the crosswalk on the near side of the intersection, or, if none,24997
then at the point nearest the intersecting roadway where the24998
driver has a view of approaching traffic on the intersecting24999
roadway before entering it. After slowing or stopping, the driver25000
shall yield the right-of-way to any vehicle or trackless trolley25001
in the intersection or approaching on another roadway so closely25002
as to constitute an immediate hazard during the time the driver is25003
moving across or within the intersection or junction of roadways.25004
Whenever a driver is involved in a collision with a vehicle or25005
trackless trolley in the intersection or junction of roadways,25006
after driving past a yield sign without stopping, the collision25007
shall be prima-facie evidence of the driver's failure to yield the25008
right-of-way.25009

       (C) Except as otherwise provided in this division, whoever25010
violates this section is guilty of a minor misdemeanor. If,25011
within one year of the offense, the offender previously has been25012
convicted of or pleaded guilty to one predicate motor vehicle or25013
traffic offense, whoever violates this section is guilty of a25014
misdemeanor of the fourth degree. If, within one year of the25015
offense, the offender previously has been convicted of two or more25016
predicate motor vehicle or traffic offenses, whoever violates this25017
section is guilty of a misdemeanor of the third degree.25018

       Sec. 4511.431. (A) The driver of a vehicle or trackless25019
trolley emerging from an alley, building, private road, or25020
driveway within a business or residence district shall stop the25021
vehicle or trackless trolley immediately prior to driving onto a25022
sidewalk or onto the sidewalk area extending across the alley,25023
building entrance, road, or driveway, or in the event there is no25024
sidewalk area, shall stop at the point nearest the street to be25025
entered where the driver has a view of approaching traffic25026
thereon.25027

       (B) Except as otherwise provided in this division, whoever25028
violates this section is guilty of a minor misdemeanor. If,25029
within one year of the offense, the offender previously has been25030
convicted of or pleaded guilty to one predicate motor vehicle or25031
traffic offense, whoever violates this section is guilty of a25032
misdemeanor of the fourth degree. If, within one year of the25033
offense, the offender previously has been convicted of two or more25034
predicate motor vehicle or traffic offenses, whoever violates this25035
section is guilty of a misdemeanor of the third degree.25036

       Sec. 4511.432.  (A) The owner of a private road or driveway25037
located in a private residential area containing twenty or more25038
dwelling units may erect stop signs at places where the road or25039
driveway intersects with another private road or driveway in the25040
residential area, in compliance with all of the following25041
requirements:25042

       (1) The stop sign is sufficiently legible to be seen by an25043
ordinarily observant person and meets the specifications of and is25044
placed in accordance with the manual adopted by the department of25045
transportation pursuant to section 4511.09 of the Revised Code;.25046

       (2) The owner has posted a sign at the entrance of the25047
private road or driveway that is in plain view and clearly informs25048
persons entering the road or driveway that they are entering25049
private property, stop signs have been posted and must be obeyed,25050
and the signs are enforceable by law enforcement officers under25051
state law. The sign required by division (A)(2) of this section,25052
where appropriate, may be incorporated with the sign required by25053
division (A)(2) of section 4511.211 of the Revised Code.25054

       (B) Division (A) of section 4511.43 and section 4511.46 of25055
the Revised Code shall be deemed to apply to the driver of a25056
vehicle on a private road or driveway where a stop sign is placed25057
in accordance with division (A) of this section and to a25058
pedestrian crossing such a road or driveway at an intersection25059
where a stop sign is in place.25060

       (C) When a stop sign is placed in accordance with division25061
(A) of this section, any law enforcement officer may apprehend a25062
person found violating the stop sign and may stop and charge the25063
person with violating the stop sign.25064

       (D) Except as otherwise provided in this division, whoever25065
violates this section is guilty of a minor misdemeanor. If,25066
within one year of the offense, the offender previously has been25067
convicted of or pleaded guilty to one predicate motor vehicle or25068
traffic offense, whoever violates this section is guilty of a25069
misdemeanor of the fourth degree. If, within one year of the25070
offense, the offender previously has been convicted of two or more25071
predicate motor vehicle or traffic offenses, whoever violates this25072
section is guilty of a misdemeanor of the third degree.25073

       (E) As used in this section, and for the purpose of applying25074
division (A) of section 4511.43 and section 4511.46 of the Revised25075
Code to conduct under this section:25076

       (1) "Intersection" means:25077

       (a) The area embraced within the prolongation or connection25078
of the lateral curb lines, or, if none, then the lateral boundary25079
lines of the roadways of two private roads or driveways which join25080
one another at, or approximately at, right angles, or the area25081
within which vehicles traveling upon different private roads or25082
driveways joining at any other angle may come in conflict.25083

       (b) Where a private road or driveway includes two roadways25084
thirty feet or more apart, then every crossing of two roadways of25085
such private roads or driveways shall be regarded as a separate25086
intersection.25087

       (2) "Roadway" means that portion of a private road or25088
driveway improved, designed, or ordinarily used for vehicular25089
travel, except the berm or shoulder. If a private road or25090
driveway includes two or more separate roadways, the term25091
"roadway" means any such roadway separately but not all such25092
roadways collectively.25093

       (3) "Owner" and "private residential area containing twenty25094
or more dwelling units" have the same meanings as in section25095
4511.211 of the Revised Code.25096

       Sec. 4511.44. (A) The operator of a vehicle, streetcar, or25097
trackless trolley about to enter or cross a highway from any place25098
other than another roadway shall yield the right of way to all25099
traffic approaching on the roadway to be entered or crossed.25100

       (B) Except as otherwise provided in this division, whoever25101
violates this section is guilty of a minor misdemeanor. If,25102
within one year of the offense, the offender previously has been25103
convicted of or pleaded guilty to one predicate motor vehicle or25104
traffic offense, whoever violates this section is guilty of a25105
misdemeanor of the fourth degree. If, within one year of the25106
offense, the offender previously has been convicted of two or more25107
predicate motor vehicle or traffic offenses, whoever violates this25108
section is guilty of a misdemeanor of the third degree.25109

       Sec. 4511.441. (A) The driver of a vehicle shall yield the25110
right-of-way to any pedestrian on a sidewalk.25111

       (B) Except as otherwise provided in this division, whoever25112
violates this section is guilty of a minor misdemeanor. If,25113
within one year of the offense, the offender previously has been25114
convicted of or pleaded guilty to one predicate motor vehicle or25115
traffic offense, whoever violates this section is guilty of a25116
misdemeanor of the fourth degree. If, within one year of the25117
offense, the offender previously has been convicted of two or more25118
predicate motor vehicle or traffic offenses, whoever violates this25119
section is guilty of a misdemeanor of the third degree.25120

       Sec. 4511.45.  (A)(1) Upon the approach of a public safety25121
vehicle or coroner's vehicle, equipped with at least one flashing,25122
rotating or oscillating light visible under normal atmospheric25123
conditions from a distance of five hundred feet to the front of25124
the vehicle and the driver is giving an audible signal by siren,25125
exhaust whistle, or bell, no driver of any other vehicle shall25126
fail to yield the right-of-way, immediately drive if practical to25127
a position parallel to, and as close as possible to, the right25128
edge or curb of the highway clear of any intersection, and stop25129
and remain in that position until the public safety vehicle or25130
coroner's vehicle has passed, except when otherwise directed by a25131
police officer.25132

       (2) Upon the approach of a public safety vehicle or25133
coroner's vehicle, as stated in division (A)(1) of this section,25134
no operator of any streetcar or trackless trolley shall fail to25135
immediately stop the streetcar or trackless trolley clear of any25136
intersection and keep it in that position until the public safety25137
vehicle or coroner's vehicle has passed, except when otherwise25138
directed by a police officer.25139

       (B) This section does not relieve the driver of a public25140
safety vehicle or coroner's vehicle from the duty to drive with25141
due regard for the safety of all persons and property upon the25142
highway.25143

       (C) This section applies to a coroner's vehicle only when25144
the vehicle is operated in accordance with section 4513.171 of the25145
Revised Code. As used in this section, "coroner's vehicle" means25146
a vehicle used by a coroner, deputy coroner, or coroner's25147
investigator that is equipped with a flashing, oscillating, or25148
rotating red or blue light and a siren, exhaust whistle, or bell25149
capable of giving an audible signal.25150

       (D)Except as otherwise provided in this division, whoever25151
violates division (A)(1) or (2) of this section is guilty of a25152
misdemeanor of the fourth degree on a first offense. On a second25153
offense within one year after the first offense, the person is25154
guilty of a misdemeanor of the third degree, and, on each25155
subsequent offense within one year after the first offense, the25156
person is guilty of a misdemeanor of the second degree.25157

       Sec. 4511.451. (A) As used in this section "funeral25158
procession" means two or more vehicles accompanying a body of a25159
deceased person in the daytime when each of such vehicles has its25160
headlights lighted and is displaying a purple and white pennant25161
attached to each vehicle in such a manner as to be clearly visible25162
to traffic approaching from any direction.25163

       (B) Excepting public safety vehicles proceeding in25164
accordance with section 4511.45 of the Revised Code or when25165
directed otherwise by a police officer, pedestrians and the25166
operators of all vehicles, street cars, and trackless trolleys25167
shall yield the right of way to each vehicle which is a part of a25168
funeral procession. Whenever the lead vehicle in a funeral25169
procession lawfully enters an intersection the remainder of the25170
vehicles in such procession may continue to follow such lead25171
vehicle through the intersection notwithstanding any traffic25172
control devices or right of way provisions of the Revised Code,25173
provided the operator of each vehicle exercises due care to avoid25174
colliding with any other vehicle or pedestrian upon the roadway.25175

       No person shall operate any vehicle as a part of a funeral25176
procession without having the headlights of such vehicle lighted25177
and without displaying a purple and white pennant in such a manner25178
as to be clearly visible to traffic approaching from any25179
direction.25180

       (C) Except as otherwise provided in this division, whoever25181
violates this section is guilty of a minor misdemeanor. If,25182
within one year of the offense, the offender previously has been25183
convicted of or pleaded guilty to one predicate motor vehicle or25184
traffic offense, whoever violates this section is guilty of a25185
misdemeanor of the fourth degree. If, within one year of the25186
offense, the offender previously has been convicted of two or more25187
predicate motor vehicle or traffic offenses, whoever violates this25188
section is guilty of a misdemeanor of the third degree.25189

       Sec. 4511.452.  (A) Upon the immediate approach of a public25190
safety vehicle, as stated in section 4511.45 of the Revised Code,25191
every pedestrian shall yield the right-of-way to the public safety25192
vehicle.25193

       (B) This section shall not relieve the driver of a public25194
safety vehicle from the duty to exercise due care to avoid25195
colliding with any pedestrian.25196

       (C) Except as otherwise provided in this division, whoever25197
violates this section is guilty of a minor misdemeanor. If,25198
within one year of the offense, the offender previously has been25199
convicted of or pleaded guilty to one predicate motor vehicle or25200
traffic offense, whoever violates this section is guilty of a25201
misdemeanor of the fourth degree. If, within one year of the25202
offense, the offender previously has been convicted of two or more25203
predicate motor vehicle or traffic offenses, whoever violates this25204
section is guilty of a misdemeanor of the third degree.25205

       Sec. 4511.46.  (A) When traffic control signals are not in25206
place, not in operation, or are not clearly assigning the25207
right-of-way, the driver of a vehicle, trackless trolley, or25208
streetcar shall yield the right of way, slowing down or stopping25209
if need be to so yield or if required by section 4511.132 of the25210
Revised Code, to a pedestrian crossing the roadway within a25211
crosswalk when the pedestrian is upon the half of the roadway upon25212
which the vehicle is traveling, or when the pedestrian is25213
approaching so closely from the opposite half of the roadway as to25214
be in danger.25215

       (B) No pedestrian shall suddenly leave a curb or other place25216
of safety and walk or run into the path of a vehicle, trackless25217
trolley, or streetcar which is so close as to constitute an25218
immediate hazard.25219

       (C) Division (A) of this section does not apply under the25220
conditions stated in division (B) of section 4511.48 of the25221
Revised Code.25222

       (D) Whenever any vehicle, trackless trolley, or streetcar is25223
stopped at a marked crosswalk or at any unmarked crosswalk at an25224
intersection to permit a pedestrian to cross the roadway, the25225
driver of any other vehicle, trackless trolley, or streetcar25226
approaching from the rear shall not overtake and pass the stopped25227
vehicle.25228

       (E) Except as otherwise provided in this division, whoever25229
violates this section is guilty of a minor misdemeanor. If,25230
within one year of the offense, the offender previously has been25231
convicted of or pleaded guilty to one predicate motor vehicle or25232
traffic offense, whoever violates this section is guilty of a25233
misdemeanor of the fourth degree. If, within one year of the25234
offense, the offender previously has been convicted of two or more25235
predicate motor vehicle or traffic offenses, whoever violates this25236
section is guilty of a misdemeanor of the third degree.25237

       Sec. 4511.47.  (A) As used in this section "blind person" or25238
"blind pedestrian" means a person having not more than 20/20025239
visual acuity in the better eye with correcting lenses or visual25240
acuity greater than 20/200 but with a limitation in the fields of25241
vision such that the widest diameter of the visual field subtends25242
an angle no greater than twenty degrees.25243

       The driver of every vehicle shall yield the right of way to25244
every blind pedestrian guided by a guide dog, or carrying a cane25245
which is predominantly white or metallic in color, with or without25246
a red tip.25247

       (B) No person, other than a blind person, while on any25248
public highway, street, alley, or other public thoroughfare shall25249
carry a white or metallic cane with or without a red tip.25250

       (C) Except as otherwise provided in this division, whoever25251
violates this section is guilty of a minor misdemeanor. If,25252
within one year of the offense, the offender previously has been25253
convicted of or pleaded guilty to one predicate motor vehicle or25254
traffic offense, whoever violates this section is guilty of a25255
misdemeanor of the fourth degree. If, within one year of the25256
offense, the offender previously has been convicted of two or more25257
predicate motor vehicle or traffic offenses, whoever violates this25258
section is guilty of a misdemeanor of the third degree.25259

       Sec. 4511.48.  (A) Every pedestrian crossing a roadway at25260
any point other than within a marked crosswalk or within an25261
unmarked crosswalk at an intersection shall yield the right of way25262
to all vehicles, trackless trolleys, or streetcars upon the25263
roadway.25264

       (B) Any pedestrian crossing a roadway at a point where a25265
pedestrian tunnel or overhead pedestrian crossing has been25266
provided shall yield the right of way to all traffic upon the25267
roadway.25268

       (C) Between adjacent intersections at which traffic control25269
signals are in operation, pedestrians shall not cross at any place25270
except in a marked crosswalk.25271

       (D) No pedestrian shall cross a roadway intersection25272
diagonally unless authorized by official traffic control devices;25273
and, when authorized to cross diagonally, pedestrians shall cross25274
only in accordance with the official traffic control devices25275
pertaining to such crossing movements.25276

       (E) This section does not relieve the operator of a vehicle,25277
streetcar, or trackless trolley from exercising due care to avoid25278
colliding with any pedestrian upon any roadway.25279

       (F) Except as otherwise provided in this division, whoever25280
violates this section is guilty of a minor misdemeanor. If,25281
within one year of the offense, the offender previously has been25282
convicted of or pleaded guilty to one predicate motor vehicle or25283
traffic offense, whoever violates this section is guilty of a25284
misdemeanor of the fourth degree. If, within one year of the25285
offense, the offender previously has been convicted of two or more25286
predicate motor vehicle or traffic offenses, whoever violates this25287
section is guilty of a misdemeanor of the third degree.25288


       Sec. 4511.481. (A) A pedestrian who is under the influence25290
of alcohol or, any drug of abuse, or any combination thereof,of25291
them to a degree whichthat renders himselfthe pedestrian a25292
hazard shall not walk or be upon a highway.25293

       (B) Except as otherwise provided in this division, whoever25294
violates this section is guilty of a minor misdemeanor. If,25295
within one year of the offense, the offender previously has been25296
convicted of or pleaded guilty to one predicate motor vehicle or25297
traffic offense, whoever violates this section is guilty of a25298
misdemeanor of the fourth degree. If, within one year of the25299
offense, the offender previously has been convicted of two or more25300
predicate motor vehicle or traffic offenses, whoever violates this25301
section is guilty of a misdemeanor of the third degree.25302

       Sec. 4511.49. (A) Pedestrians shall move, whenever25303
practicable, upon the right half of crosswalks.25304

       (B) Except as otherwise provided in this division, whoever25305
violates this section is guilty of a minor misdemeanor. If,25306
within one year of the offense, the offender previously has been25307
convicted of or pleaded guilty to one predicate motor vehicle or25308
traffic offense, whoever violates this section is guilty of a25309
misdemeanor of the fourth degree. If, within one year of the25310
offense, the offender previously has been convicted of two or more25311
predicate motor vehicle or traffic offenses, whoever violates this25312
section is guilty of a misdemeanor of the third degree.25313

       Sec. 4511.50.  (A) Where a sidewalk is provided and its use25314
is practicable, it shall be unlawful for any pedestrian to walk25315
along and upon an adjacent roadway.25316

       (B) Where a sidewalk is not available, any pedestrian25317
walking along and upon a highway shall walk only on a shoulder, as25318
far as practicable from the edge of the roadway.25319

       (C) Where neither a sidewalk nor a shoulder is available,25320
any pedestrian walking along and upon a highway shall walk as near25321
as practicable to an outside edge of the roadway, and, if on a25322
two-way roadway, shall walk only on the left side of the roadway.25323

       (D) Except as otherwise provided in sections 4511.13 and25324
4511.46 of the Revised Code, any pedestrian upon a roadway shall25325
yield the right-of-way to all vehicles, trackless trolleys, or25326
streetcars upon the roadway.25327

       (E) Except as otherwise provided in this division, whoever25328
violates this section is guilty of a minor misdemeanor. If,25329
within one year of the offense, the offender previously has been25330
convicted of or pleaded guilty to one predicate motor vehicle or25331
traffic offense, whoever violates this section is guilty of a25332
misdemeanor of the fourth degree. If, within one year of the25333
offense, the offender previously has been convicted of two or more25334
predicate motor vehicle or traffic offenses, whoever violates this25335
section is guilty of a misdemeanor of the third degree.25336

       Sec. 4511.51.  (A) No person while on a roadway outside a25337
safety zone shall solicit a ride from the driver of any vehicle.25338

       (B)(1) Except as provided in division (B)(2) of this25339
section, no person shall stand on a highway for the purpose of25340
soliciting employment, business, or contributions from the25341
occupant of any vehicle.25342

       (2) The legislative authority of a municipal corporation, by25343
ordinance, may authorize the issuance of a permit to a charitable25344
organization to allow a person acting on behalf of the25345
organization to solicit charitable contributions from the occupant25346
of a vehicle by standing on a highway, other than a freeway as25347
provided in division (A)(1) of section 4511.051 of the Revised25348
Code, that is under the jurisdiction of the municipal corporation.25349
The permit shall be valid for only one period of time, which shall25350
be specified in the permit, in any calendar year. The legislative25351
authority also may specify the locations where contributions may25352
be solicited and may impose any other restrictions on or25353
requirements regarding the manner in which the solicitations are25354
to be conducted that the legislative authority considers25355
advisable.25356

       (3) As used in division (B)(2) of this section, "charitable25357
organization" means an organization that has received from the25358
internal revenue service a currently valid ruling or determination25359
letter recognizing the tax-exempt status of the organization25360
pursuant to section 501(c)(3) of the "Internal Revenue Code."25361

       (C) No person shall hang onto or ride on the outside of any25362
motor vehicle, streetcar, or trackless trolley while it is moving25363
upon a roadway, except mechanics or test engineers making repairs25364
or adjustments, or workers performing specialized highway or25365
street maintenance or construction under authority of a public25366
agency.25367

       (D) No operator shall knowingly permit any person to hang25368
onto, or ride on the outside of, any motor vehicle, streetcar, or25369
trackless trolley while it is moving upon a roadway, except25370
mechanics or test engineers making repairs or adjustments, or25371
workers performing specialized highway or street maintenance or25372
construction under authority of a public agency.25373

       (E) No driver of a truck, trailer, or semitrailer shall25374
knowingly permit any person who has not attained the age of25375
sixteen years to ride in the unenclosed or unroofed cargo storage25376
area of histhe driver's vehicle if the vehicle is traveling25377
faster than twenty-five miles per hour, unless either of the25378
following applies:25379

       (1) The cargo storage area of the vehicle is equipped with a25380
properly secured seat to which is attached a seat safety belt that25381
is in compliance with federal standards for an occupant25382
restraining device as defined in division (A)(2) of section25383
4513.263 of the Revised Code, the seat and seat safety belt were25384
installed at the time the vehicle was originally assembled, and25385
the person riding in the cargo storage area is in the seat and is25386
wearing the seat safety belt;25387

       (2) An emergency exists that threatens the life of the25388
driver or the person being transported in the cargo storage area25389
of the truck, trailer, or semitrailer.25390

       (F) No driver of a truck, trailer, or semitrailer shall25391
permit any person, except for those workers performing specialized25392
highway or street maintenance or construction under authority of a25393
public agency, to ride in the cargo storage area or on a tailgate25394
of histhe driver's vehicle while the tailgate is unlatched.25395

       (G)(1) Except as otherwise provided in this division,25396
whoever violates any provision of divisions (A) to (D) of this25397
section is guilty of a minor misdemeanor. If, within one year of25398
the offense, the offender previously has been convicted of or25399
pleaded guilty to one predicate motor vehicle or traffic offense,25400
whoever violates any provision of divisions (A) to (D) of this25401
section is guilty of a misdemeanor of the fourth degree. If,25402
within one year of the offense, the offender previously has been25403
convicted of two or more predicate motor vehicle or traffic25404
offenses, whoever violates any provision of divisions (A) to (D)25405
of this section is guilty of a misdemeanor of the third degree.25406

       (2) Whoever violates division (E) or (F) of this section is25407
guilty of a minor misdemeanor.25408

       Sec. 4511.511.  (A) No pedestrian shall enter or remain upon25409
any bridge or approach thereto beyond the bridge signal, gate, or25410
barrier after a bridge operation signal indication has been given.25411

       (B) No pedestrian shall pass through, around, over, or under25412
any crossing gate or barrier at a railroad grade crossing or25413
bridge while the gate or barrier is closed or is being opened or25414
closed.25415

       (C) Except as otherwise provided in this division, whoever25416
violates this section is guilty of a minor misdemeanor. If,25417
within one year of the offense, the offender previously has been25418
convicted of or pleaded guilty to one predicate motor vehicle or25419
traffic offense, whoever violates this section is guilty of a25420
misdemeanor of the fourth degree. If, within one year of the25421
offense, the offender previously has been convicted of two or more25422
predicate motor vehicle or traffic offenses, whoever violates this25423
section is guilty of a misdemeanor of the third degree.25424

       Sec. 4511.521.  (A) No person shall operate a motorized25425
bicycle upon a highway or any public or private property used by25426
the public for purposes of vehicular travel or parking, unless all25427
of the following conditions are met:25428

       (1) The person is fourteen or fifteen years of age and holds25429
a valid probationary motorized bicycle license issued after the25430
person has passed the test provided for in this section, or the25431
person is sixteen years of age or older and holds either a valid25432
commercial driver's license issued under Chapter 4506. or a25433
driver's license issued under Chapter 4507. of the Revised Code or25434
a valid motorized bicycle license issued after the person has25435
passed the test provided for in this section, except that if a25436
person is sixteen years of age, has a valid probationary motorized25437
bicycle license and desires a motorized bicycle license, hethe25438
person is not required to comply with the testing requirements25439
provided for in this section;25440

       (2) The motorized bicycle is equipped in accordance with the25441
rules adopted under division (B) of this section and is in proper25442
working order;25443

       (3) The person, if he is under eighteen years of age, is25444
wearing a protective helmet on histhe person's head with the chin25445
strap properly fastened and the motorized bicycle is equipped with25446
a rear-view mirror.25447

       (4) The person operates the motorized bicycle when25448
practicable within three feet of the right edge of the roadway25449
obeying all traffic rules applicable to vehicles.25450

       (B) The director of public safety, subject to sections25451
119.01 to 119.13 of the Revised Code, shall adopt and promulgate25452
rules concerning protective helmets, the equipment of motorized25453
bicycles, and the testing and qualifications of persons who do not25454
hold a valid driver's or commercial driver's license. The test25455
shall be as near as practicable to the examination required for a25456
motorcycle operator's endorsement under section 4507.11 of the25457
Revised Code. The test shall also require the operator to give an25458
actual demonstration of histhe operator's ability to operate and25459
control a motorized bicycle by driving one under the supervision25460
of an examining officer.25461

       (C) Every motorized bicycle license expires on the birthday25462
of the applicant in the fourth year after the date it is issued,25463
but in no event shall any motorized bicycle license be issued for25464
a period longer than four years.25465

       (D) No person operating a motorized bicycle shall carry25466
another person upon the motorized bicycle.25467

       (E) The protective helmet and rear-view mirror required by25468
division (A)(3) of this section shall, on and after January 1,25469
1985, conform with rules adopted by the director under division25470
(B) of this section.25471

       (F) Each probationary motorized bicycle license or motorized25472
bicycle license shall be laminated with a transparent plastic25473
material.25474

       (G)Whoever violates division (A), (D), or (E) of this25475
section is guilty of a minor misdemeanor.25476

       Sec. 4511.53. (A) For purposes of this section,25477
"snowmobile" has the same meaning as given that term in section25478
4519.01 of the Revised Code.25479

       (B) A person operating a bicycle or motorcycle shall not25480
ride other than upon the permanent and regular seat attached25481
thereto, nor carry any other person upon such bicycle or25482
motorcycle other than upon a firmly attached and regular seat25483
thereon, nor shall any person ride upon a bicycle or motorcycle25484
other than upon such a firmly attached and regular seat.25485

       A person shall ride upon a motorcycle only while sitting25486
astride the seat, facing forward, with one leg on each side of the25487
motorcycle.25488

       No person operating a bicycle shall carry any package,25489
bundle, or article that prevents the driver from keeping at least25490
one hand upon the handle bars.25491

       No bicycle or motorcycle shall be used to carry more persons25492
at one time than the number for which it is designed and equipped,25493
nor shall any motorcycle be operated on a highway when the handle25494
bars or grips are more than fifteen inches higher than the seat or25495
saddle for the operator.25496

       No person shall operate or be a passenger on a snowmobile or25497
motorcycle without using safety glasses or other protective eye25498
device. No person who is under the age of eighteen years, or who25499
holds a motorcycle operator's endorsement or license bearing a25500
"novice" designation that is currently in effect as provided in25501
section 4507.13 of the Revised Code, shall operate a motorcycle on25502
a highway, or be a passenger on a motorcycle, unless wearing a25503
protective helmet on histhe person's head, and no other person25504
shall be a passenger on a motorcycle operated by such a person25505
unless similarly wearing a protective helmet. The helmet, safety25506
glasses, or other protective eye device shall conform with25507
regulations prescribed and promulgated by the director of public25508
safety. The provisions of this paragraph or a violation thereof25509
shall not be used in the trial of any civil action.25510

       (C) Except as otherwise provided in this division, whoever25511
violates this section is guilty of a minor misdemeanor. If,25512
within one year of the offense, the offender previously has been25513
convicted of or pleaded guilty to one predicate motor vehicle or25514
traffic offense, whoever violates this section is guilty of a25515
misdemeanor of the fourth degree. If, within one year of the25516
offense, the offender previously has been convicted of two or more25517
predicate motor vehicle or traffic offenses, whoever violates this25518
section is guilty of a misdemeanor of the third degree.25519

       Sec. 4511.54. (A) No person riding upon any bicycle,25520
coaster, roller skates, sled, or toy vehicle shall attach the same25521
or himselfself to any streetcar, trackless trolley, or vehicle25522
upon a roadway.25523

       No operator shall knowingly permit any person riding upon any25524
bicycle, coaster, roller skates, sled, or toy vehicle to attach25525
the same or himselfself to any streetcar, trackless trolley, or25526
vehicle while it is moving upon a roadway.25527

       This section does not apply to the towing of a disabled25528
vehicle.25529

       (B) Except as otherwise provided in this division, whoever25530
violates this section is guilty of a minor misdemeanor. If,25531
within one year of the offense, the offender previously has been25532
convicted of or pleaded guilty to one predicate motor vehicle or25533
traffic offense, whoever violates this section is guilty of a25534
misdemeanor of the fourth degree. If, within one year of the25535
offense, the offender previously has been convicted of two or more25536
predicate motor vehicle or traffic offenses, whoever violates this25537
section is guilty of a misdemeanor of the third degree.25538

       Sec. 4511.55.  (A) Every person operating a bicycle upon a25539
roadway shall ride as near to the right side of the roadway as25540
practicable obeying all traffic rules applicable to vehicles and25541
exercising due care when passing a standing vehicle or one25542
proceeding in the same direction.25543

       (B) Persons riding bicycles or motorcycles upon a roadway25544
shall ride not more than two abreast in a single lane, except on25545
paths or parts of roadways set aside for the exclusive use of25546
bicycles or motorcycles.25547

       (C) Except as otherwise provided in this division, whoever25548
violates this section is guilty of a minor misdemeanor. If,25549
within one year of the offense, the offender previously has been25550
convicted of or pleaded guilty to one predicate motor vehicle or25551
traffic offense, whoever violates this section is guilty of a25552
misdemeanor of the fourth degree. If, within one year of the25553
offense, the offender previously has been convicted of two or more25554
predicate motor vehicle or traffic offenses, whoever violates this25555
section is guilty of a misdemeanor of the third degree.25556

       Sec. 4511.56.  (A) Every bicycle when in use at the times25557
specified in section 4513.03 of the Revised Code, shall be25558
equipped with the following:25559

       (1) A lamp on the front that shall emit a white light25560
visible from a distance of at least five hundred feet to the25561
front;25562

       (2) A red reflector on the rear of a type approved by the25563
director of public safety that shall be visible from all distances25564
from one hundred feet to six hundred feet to the rear when25565
directly in front of lawful lower beams of head lamps on a motor25566
vehicle;25567

       (3) A lamp emitting a red light visible from a distance of25568
five hundred feet to the rear shall be used in addition to the red25569
reflector;25570

       (4) An essentially colorless reflector on the front of a25571
type approved by the director;25572

       (5) Either with tires with retroreflective sidewalls or with25573
an essentially colorless or amber reflector mounted on the spokes25574
of the front wheel and an essentially colorless or red reflector25575
mounted on the spokes of the rear wheel. Each reflector shall be25576
visible on each side of the wheel from a distance of six hundred25577
feet when directly in front of lawful lower beams of head lamps on25578
a motor vehicle. Retroreflective tires or reflectors shall be of25579
a type approved by the director.25580

       (B) No person shall operate a bicycle unless it is equipped25581
with a bell or other device capable of giving a signal audible for25582
a distance of at least one hundred feet, except that a bicycle25583
shall not be equipped with nor shall any person use upon a bicycle25584
any siren or whistle.25585

       (C) Every bicycle shall be equipped with an adequate brake25586
when used on a street or highway.25587

       (D) Except as otherwise provided in this division, whoever25588
violates this section is guilty of a minor misdemeanor. If,25589
within one year of the offense, the offender previously has been25590
convicted of or pleaded guilty to one predicate motor vehicle or25591
traffic offense, whoever violates this section is guilty of a25592
misdemeanor of the fourth degree. If, within one year of the25593
offense, the offender previously has been convicted of two or more25594
predicate motor vehicle or traffic offenses, whoever violates this25595
section is guilty of a misdemeanor of the third degree.25596

       Sec. 4511.57. (A) The driver of a vehicle shall not25597
overtake and pass upon the left nor drive upon the left side of25598
any streetcar proceeding in the same direction, whether such25599
streetcar is in motion or at rest, except:25600

       (A)(1) When so directed by a police officer or traffic25601
control device;25602

       (B)(2) When upon a one-way street;25603

       (C)(3) When upon a street where the tracks are so located as25604
to prevent compliance with this section;25605

       (D)(4) When authorized by local authorities.25606

       (B) The driver of any vehicle when permitted to overtake and25607
pass upon the left of a streetcar which has stopped for the25608
purpose of receiving or discharging any passenger shall accord25609
pedestrians the right of way.25610

       (C) Except as otherwise provided in this division, whoever25611
violates this section is guilty of a minor misdemeanor. If,25612
within one year of the offense, the offender previously has been25613
convicted of or pleaded guilty to one predicate motor vehicle or25614
traffic offense, whoever violates this section is guilty of a25615
misdemeanor of the fourth degree. If, within one year of the25616
offense, the offender previously has been convicted of two or more25617
predicate motor vehicle or traffic offenses, whoever violates this25618
section is guilty of a misdemeanor of the third degree.25619

       Sec. 4511.58. (A) The driver of a vehicle overtaking upon25620
the right any streetcar stopped for the purpose of receiving or25621
discharging any passenger shall stop such vehicle at least five25622
feet to the rear of the nearest running board or door of such25623
streetcar and remain standing until all passengers have boarded25624
such streetcar, or upon alighting therefrom have reached a place25625
of safety, except that where a safety zone has been established, a25626
vehicle need not be brought to a stop before passing any such25627
streetcar or any trackless trolley, but may proceed past such25628
streetcar or trackless trolley at a speed not greater than is25629
reasonable and proper considering the safety of pedestrians.25630

       (B) Except as otherwise provided in this division, whoever25631
violates this section is guilty of a minor misdemeanor. If,25632
within one year of the offense, the offender previously has been25633
convicted of or pleaded guilty to one predicate motor vehicle or25634
traffic offense, whoever violates this section is guilty of a25635
misdemeanor of the fourth degree. If, within one year of the25636
offense, the offender previously has been convicted of two or more25637
predicate motor vehicle or traffic offenses, whoever violates this25638
section is guilty of a misdemeanor of the third degree.25639


       Sec. 4511.59. (A) The driver of any vehicle proceeding upon25641
any streetcar tracks in front of a streetcar shall remove such25642
vehicle from the track as soon as practicable after signal from25643
the operator of said streetcar.25644

       The driver of a vehicle upon overtaking and passing a25645
streetcar shall not turn in front of such streetcar unless such25646
movement can be made in safety.25647

       (B) Except as otherwise provided in this division, whoever25648
violates this section is guilty of a minor misdemeanor. If,25649
within one year of the offense, the offender previously has been25650
convicted of or pleaded guilty to one predicate motor vehicle or25651
traffic offense, whoever violates this section is guilty of a25652
misdemeanor of the fourth degree. If, within one year of the25653
offense, the offender previously has been convicted of two or more25654
predicate motor vehicle or traffic offenses, whoever violates this25655
section is guilty of a misdemeanor of the third degree.25656

       Sec. 4511.60. (A) No vehicle shall at any time be driven25657
through or within a safety zone.25658

       (B) Except as otherwise provided in this division, whoever25659
violates this section is guilty of a minor misdemeanor. If,25660
within one year of the offense, the offender previously has been25661
convicted of or pleaded guilty to one predicate motor vehicle or25662
traffic offense, whoever violates this section is guilty of a25663
misdemeanor of the fourth degree. If, within one year of the25664
offense, the offender previously has been convicted of two or more25665
predicate motor vehicle or traffic offenses, whoever violates this25666
section is guilty of a misdemeanor of the third degree.25667

       Sec. 4511.61. (A) The department of transportation and25668
local authorities in their respective jurisdictions, with the25669
approval of the department, may designate dangerous highway25670
crossings over railroad tracks whether on state, county, or25671
township highways or on streets or ways within municipal25672
corporations, and erect stop signs thereat. When such stop signs25673
are erected, the operator of any vehicle, streetcar, or trackless25674
trolley shall stop within fifty, but not less than fifteen, feet25675
from the nearest rail of the railroad tracks and shall exercise25676
due care before proceeding across such grade crossing.25677

       (B)Except as otherwise provided in this division, whoever25678
violates this section is guilty of a minor misdemeanor. If,25679
within one year of the offense, the offender previously has been25680
convicted of or pleaded guilty to one predicate motor vehicle or25681
traffic offense, whoever violates this section is guilty of a25682
misdemeanor of the fourth degree. If, within one year of the25683
offense, the offender previously has been convicted of two or more25684
predicate motor vehicle or traffic offenses, whoever violates this25685
section is guilty of a misdemeanor of the third degree.25686

       Sec. 4511.62.  (A)(1) Whenever any person driving a vehicle25687
or trackless trolley approaches a railroad grade crossing, the25688
person shall stop within fifty feet, but not less than fifteen25689
feet from the nearest rail of the railroad if any of the following25690
circumstances exist at the crossing:25691

       (a) A clearly visible electric or mechanical signal device25692
gives warning of the immediate approach of a train.25693

       (b) A crossing gate is lowered.25694

       (c) A flagperson gives or continues to give a signal of the25695
approach or passage of a train.25696

       (d) There is insufficient space on the other side of the25697
railroad grade crossing to accommodate the vehicle or trackless25698
trolley the person is operating without obstructing the passage of25699
other vehicles, trackless trolleys, pedestrians, or railroad25700
trains, notwithstanding any traffic control signal indication to25701
proceed.25702

       (e) An approaching train is emitting an audible signal or is25703
plainly visible and is in hazardous proximity to the crossing.25704

       (2) A person who is driving a vehicle or trackless trolley25705
and who approaches a railroad grade crossing shall not proceed as25706
long as any of the circumstances described in divisions (A)(1)(a)25707
to (e) of this section exist at the crossing.25708

       (B) No person shall drive any vehicle through, around, or25709
under any crossing gate or barrier at a railroad crossing while25710
the gate or barrier is closed or is being opened or closed unless25711
the person is signaled by a law enforcement officer or flagperson25712
that it is permissible to do so.25713

       (C)Whoever violates this section is guilty of a misdemeanor25714
of the fourth degree.25715

       Sec. 4511.63.  (A) The operator of any motor vehicle or25716
trackless trolley, carrying passengers, for hire, of any school25717
bus, or of any vehicle carrying explosives or flammable liquids as25718
a cargo or as such part of a cargo as to constitute a hazard,25719
before crossing at grade any track of a railroad, shall stop the25720
vehicle or trackless trolley and, while so stopped, shall listen25721
through an open door or open window and look in both directions25722
along the track for any approaching train, and for signals25723
indicating the approach of a train, and shall proceed only upon25724
exercising due care after stopping, looking, and listening as25725
required by this section. Upon proceeding, the operator of such a25726
vehicle shall cross only in a gear that will ensure there will be25727
no necessity for changing gears while traversing the crossing and25728
shall not shift gears while crossing the tracks.25729

       (B) This section does not apply at any of the following:25730

       (1) Street railway grade crossings within a municipal25731
corporation, or to abandoned tracks, spur tracks, side tracks, and25732
industrial tracks when the public utilities commission has25733
authorized and approved the crossing of the tracks without making25734
the stop required by this section;25735

       (2) Through June 30, 1995, a street railway grade crossing25736
where out-of-service signs are posted in accordance with section25737
4955.37 of the Revised Code.25738

       (C)Except as otherwise provided in this division, whoever25739
violates this section is guilty of a minor misdemeanor. If the25740
offender previously has been convicted of or pleaded guilty to one25741
or more violations of this section or section 4511.76, 4511.761,25742
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a25743
municipal ordinance that is substantially similar to any of those25744
sections, whoever violates this section is guilty of a misdemeanor25745
of the fourth degree.25746

       Sec. 4511.64. (A) No person shall operate or move any25747
crawler-type tractor, steam shovel, derrick, roller, or any25748
equipment or structure having a normal operating speed of six or25749
less miles per hour or a vertical body or load clearance of less25750
than nine inches above the level surface of a roadway, upon or25751
across any tracks at a railroad grade crossing without first25752
complying with divisions (A)(1) and (B)(2) of this section.25753

       (A)(1) Before making any such crossing, the person operating25754
or moving any such vehicle or equipment shall first stop the same,25755
and while stopped hethe person shall listen and look in both25756
directions along such track for any approaching train and for25757
signals indicating the approach of a train, and shall proceed only25758
upon exercising due care.25759

       (B)(2) No such crossing shall be made when warning is given25760
by automatic signal or crossing gates or a flagmanflagperson or25761
otherwise of the immediate approach of a railroad train or car.25762

       (B) If the normal sustained speed of such vehicle,25763
equipment, or structure is not more than three miles per hour, the25764
person owning, operating, or moving the same shall also give25765
notice of such intended crossing to a station agent or25766
superintendent of the railroad, and a reasonable time shall be25767
given to such railroad to provide proper protection for such25768
crossing. Where such vehicles or equipment are being used in25769
constructing or repairing a section of highway lying on both sides25770
of a railroad grade crossing, and in such construction or repair25771
it is necessary to repeatedly move such vehicles or equipment over25772
such crossing, one daily notice specifying when such work will25773
start and stating the hours during which it will be prosecuted is25774
sufficient.25775

       (C) Except as otherwise provided in this division, whoever25776
violates this section is guilty of a minor misdemeanor. If,25777
within one year of the offense, the offender previously has been25778
convicted of or pleaded guilty to one predicate motor vehicle or25779
traffic offense, whoever violates this section is guilty of a25780
misdemeanor of the fourth degree. If, within one year of the25781
offense, the offender previously has been convicted of two or more25782
predicate motor vehicle or traffic offenses, whoever violates this25783
section is guilty of a misdemeanor of the third degree.25784

       Sec. 4511.66. (A) Upon any highway outside a business or25785
residence district, no person shall stop, park, or leave standing25786
any vehicle, whether attended or unattended, upon the paved or25787
main traveled part of the highway if it is practicable to stop,25788
park, or so leave such vehicle off the paved or main traveled part25789
of said highway. In every event a clear and unobstructed portion25790
of the highway opposite such standing vehicle shall be left for25791
the free passage of other vehicles, and a clear view of such25792
stopped vehicle shall be available from a distance of two hundred25793
feet in each direction upon such highway.25794

       This section does not apply to the driver of any vehicle25795
which is disabled while on the paved or improved or main traveled25796
portion of a highway in such manner and to such extent that it is25797
impossible to avoid stopping and temporarily leaving the disabled25798
vehicle in such position.25799

       (B) Except as otherwise provided in this division, whoever25800
violates this section is guilty of a minor misdemeanor. If,25801
within one year of the offense, the offender previously has been25802
convicted of or pleaded guilty to one predicate motor vehicle or25803
traffic offense, whoever violates this section is guilty of a25804
misdemeanor of the fourth degree. If, within one year of the25805
offense, the offender previously has been convicted of two or more25806
predicate motor vehicle or traffic offenses, whoever violates this25807
section is guilty of a misdemeanor of the third degree.25808

       Sec. 4511.661. (A) No person driving or in charge of a25809
motor vehicle shall permit it to stand unattended without first25810
stopping the engine, locking the ignition, removing the key from25811
the ignition, effectively setting the parking brake, and, when the25812
motor vehicle is standing upon any grade, turning the front wheels25813
to the curb or side of the highway.25814

       The requirements of this section relating to the stopping of25815
the engine, locking of the ignition, and removing the key from the25816
ignition of a motor vehicle shall not apply to an emergency25817
vehicle or a public safety vehicle.25818

       (B) Except as otherwise provided in this division, whoever25819
violates this section is guilty of a minor misdemeanor. If,25820
within one year of the offense, the offender previously has been25821
convicted of or pleaded guilty to one predicate motor vehicle or25822
traffic offense, whoever violates this section is guilty of a25823
misdemeanor of the fourth degree. If, within one year of the25824
offense, the offender previously has been convicted of two or more25825
predicate motor vehicle or traffic offenses, whoever violates this25826
section is guilty of a misdemeanor of the third degree.25827

       Sec. 4511.68. (A) No person shall stand or park a trackless25828
trolley or vehicle, except when necessary to avoid conflict with25829
other traffic or to comply with sections 4511.01 to 4511.78,25830
inclusive, 4511.99, and 4513.01 to 4513.37, inclusive, of the25831
Revised Code, or while obeying the directions of a police officer25832
or a traffic control device, in any of the following places:25833

       (A)(1) On a sidewalk, except a bicycle;25834

       (B)(2) In front of a public or private driveway;25835

       (C)(3) Within an intersection;25836

       (D)(4) Within ten feet of a fire hydrant;25837

       (E)(5) On a crosswalk;25838

       (F)(6) Within twenty feet of a crosswalk at an intersection;25839

       (G)(7) Within thirty feet of, and upon the approach to, any25840
flashing beacon, stop sign, or traffic control device;25841

       (H)(8) Between a safety zone and the adjacent curb or within25842
thirty feet of points on the curb immediately opposite the ends of25843
a safety zone, unless a different length is indicated by a traffic25844
control device;25845

       (I)(9) Within fifty feet of the nearest rail of a railroad25846
crossing;25847

       (J)(10) Within twenty feet of a driveway entrance to any25848
fire station and, on the side of the street opposite the entrance25849
to any fire station, within seventy-five feet of the entrance when25850
it is properly posted with signs;25851

       (K)(11) Alongside or opposite any street excavation or25852
obstruction when such standing or parking would obstruct traffic;25853

       (L)(12) Alongside any vehicle stopped or parked at the edge25854
or curb of a street;25855

       (M)(13) Upon any bridge or elevated structure upon a25856
highway, or within a highway tunnel;25857

       (N)(14) At any place where signs prohibit stopping;25858

       (O)(15) Within one foot of another parked vehicle;25859

       (P)(16) On the roadway portion of a freeway, expressway, or25860
thruway.25861

       (B) Except as otherwise provided in this division, whoever25862
violates this section is guilty of a minor misdemeanor. If,25863
within one year of the offense, the offender previously has been25864
convicted of or pleaded guilty to one predicate motor vehicle or25865
traffic offense, whoever violates this section is guilty of a25866
misdemeanor of the fourth degree. If, within one year of the25867
offense, the offender previously has been convicted of two or more25868
predicate motor vehicle or traffic offenses, whoever violates this25869
section is guilty of a misdemeanor of the third degree.25870

       Sec. 4511.681. (A) If an owner of private property posts on25871
the property, in a conspicuous manner, a prohibition against25872
parking on the property or conditions and regulations under which25873
parking is permitted, no person shall do either of the following:25874

       (A)(1) Park a vehicle on the property without the owner's25875
consent;25876

       (B)(2) Park a vehicle on the property in violation of any25877
condition or regulation posted by the owner.25878

       (B)Whoever violates this section is guilty of a minor25879
misdemeanor.25880

       Sec. 4511.69.  (A) Every vehicle stopped or parked upon a25881
roadway where there is an adjacent curb shall be stopped or parked25882
with the right-hand wheels of the vehicle parallel with and not25883
more than twelve inches from the right-hand curb, unless it is25884
impossible to approach so close to the curb; in such case the stop25885
shall be made as close to the curb as possible and only for the25886
time necessary to discharge and receive passengers or to load or25887
unload merchandise. Local authorities by ordinance may permit25888
angle parking on any roadway under their jurisdiction, except that25889
angle parking shall not be permitted on a state route within a25890
municipal corporation unless an unoccupied roadway width of not25891
less than twenty-five feet is available for free-moving traffic.25892

       (B) Local authorities by ordinance may permit parking of25893
vehicles with the left-hand wheels adjacent to and within twelve25894
inches of the left-hand curb of a one-way roadway.25895

       (C) No vehicle or trackless trolley shall be stopped or25896
parked on a road or highway with the vehicle or trackless trolley25897
facing in a direction other than the direction of travel on that25898
side of the road or highway.25899

       (D) Notwithstanding any statute or any rule, resolution, or25900
ordinance adopted by any local authority, air compressors,25901
tractors, trucks, and other equipment, while being used in the25902
construction, reconstruction, installation, repair, or removal of25903
facilities near, on, over, or under a street or highway, may stop,25904
stand, or park where necessary in order to perform such work,25905
provided a flagperson is on duty or warning signs or lights are25906
displayed as may be prescribed by the director of transportation.25907

       (E) Special parking locations and privileges for persons25908
with disabilities that limit or impair the ability to walk, also25909
known as handicapped parking spaces or disability parking spaces,25910
shall be provided and designated by all political subdivisions and25911
by the state and all agencies and instrumentalities thereof at all25912
offices and facilities, where parking is provided, whether owned,25913
rented, or leased, and at all publicly owned parking garages. The25914
locations shall be designated through the posting of an elevated25915
sign, whether permanently affixed or movable, imprinted with the25916
international symbol of access and shall be reasonably close to25917
exits, entrances, elevators, and ramps. All elevated signs posted25918
in accordance with this division and division (C) of section25919
3781.111 of the Revised Code shall be mounted on a fixed or25920
movable post, and the distance from the ground to the top edge of25921
the sign shall measure five feet. If a new sign or a replacement25922
sign designating a special parking location is posted on or after25923
the effective date of this amendmentOctober14, 1999, there also25924
shall be affixed upon the surface of that sign or affixed next to25925
the designating sign a notice that states the fine applicable for25926
the offense of parking a motor vehicle in the special designated25927
parking location if the motor vehicle is not legally entitled to25928
be parked in that location.25929

       (F)(1) No person shall stop, stand, or park any motor25930
vehicle at special parking locations provided under division (E)25931
of this section or at special clearly marked parking locations25932
provided in or on privately owned parking lots, parking garages,25933
or other parking areas and designated in accordance with that25934
division, unless one of the following applies:25935

       (a) The motor vehicle is being operated by or for the25936
transport of a person with a disability that limits or impairs the25937
ability to walk and is displaying a valid removable windshield25938
placard or special license plates;25939

       (b) The motor vehicle is being operated by or for the25940
transport of a handicapped person and is displaying a parking card25941
or special handicapped license plates.25942

       (2) Any motor vehicle that is parked in a special marked25943
parking location in violation of division (F)(1)(a) or (b) of this25944
section may be towed or otherwise removed from the parking25945
location by the law enforcement agency of the political25946
subdivision in which the parking location is located. A motor25947
vehicle that is so towed or removed shall not be released to its25948
owner until the owner presents proof of ownership of the motor25949
vehicle and pays all towing and storage fees normally imposed by25950
that political subdivision for towing and storing motor vehicles.25951
If the motor vehicle is a leased vehicle, it shall not be released25952
to the lessee until the lessee presents proof that that person is25953
the lessee of the motor vehicle and pays all towing and storage25954
fees normally imposed by that political subdivision for towing and25955
storing motor vehicles.25956

       (3) If a person is charged with a violation of division25957
(F)(1)(a) or (b) of this section, it is an affirmative defense to25958
the charge that the person suffered an injury not more than25959
seventy-two hours prior to the time the person was issued the25960
ticket or citation and that, because of the injury, the person25961
meets at least one of the criteria contained in division (A)(1) of25962
section 4503.44 of the Revised Code.25963

       (G) When a motor vehicle is being operated by or for the25964
transport of a person with a disability that limits or impairs the25965
ability to walk and is displaying a removable windshield placard25966
or a temporary removable windshield placard or special license25967
plates, or when a motor vehicle is being operated by or for the25968
transport of a handicapped person and is displaying a parking card25969
or special handicapped license plates, the motor vehicle is25970
permitted to park for a period of two hours in excess of the legal25971
parking period permitted by local authorities, except where local25972
ordinances or police rules provide otherwise or where the vehicle25973
is parked in such a manner as to be clearly a traffic hazard.25974

       (H) No owner of an office, facility, or parking garage where25975
special parking locations are required to be designated in25976
accordance with division (E) of this section shall fail to25977
properly mark the special parking locations in accordance with25978
that division or fail to maintain the markings of the special25979
locations, including the erection and maintenance of the fixed or25980
movable signs.25981

       (I) Nothing in this section shall be construed to require a25982
person or organization to apply for a removable windshield placard25983
or special license plates if the parking card or special license25984
plates issued to the person or organization under prior law have25985
not expired or been surrendered or revoked.25986

       (J)(1) Whoever violates division (A) or (C) of this section25987
is guilty of a minor misdemeanor.25988

       (2)(a) Whoever violates division (F)(1)(a) or (b) of this25989
section is guilty of a misdemeanor and shall be punished as25990
provided in division (J)(2)(a) and (b) of this section. Except as25991
otherwise provided in division (J)(2)(a) of this section, an25992
offender who violates division (F)(1)(a) or (b) of this section25993
shall be fined not less than two hundred fifty nor more than five25994
hundred dollars. An offender who violates division (F)(1)(a) or25995
(b) of this section shall be fined not more than one hundred25996
dollars if the offender, prior to sentencing, proves either of the25997
following to the satisfaction of the court:25998

       (i) At the time of the violation of division (F)(1)(a) of25999
this section, the offender or the person for whose transport the26000
motor vehicle was being operated had been issued a removable26001
windshield placard that then was valid or special license plates26002
that then were valid but the offender or the person neglected to26003
display the placard or license plates as described in division26004
(F)(1)(a) of this section.26005

       (ii) At the time of the violation of division (F)(1)(b) of26006
this section, the offender or the person for whose transport the26007
motor vehicle was being operated had been issued a parking card26008
that then was valid or special handicapped license plates that26009
then were valid but the offender or the person neglected to26010
display the card or license plates as described in division26011
(F)(1)(b) of this section.26012

       (b) In no case shall an offender who violates division26013
(F)(1)(a) or (b) of this section be sentenced to any term of26014
imprisonment.26015

       An arrest or conviction for a violation of division (F)(1)(a)26016
or (b) of this section does not constitute a criminal record and26017
need not be reported by the person so arrested or convicted in26018
response to any inquiries contained in any application for26019
employment, license, or other right or privilege, or made in26020
connection with the person's appearance as a witness.26021

       The clerk of the court shall pay every fine collected under26022
division (J)(2) of this section to the political subdivision in26023
which the violation occurred. Except as provided in division26024
(J)(2) of this section, the political subdivision shall use the26025
fine moneys it receives under division (J)(2) of this section to26026
pay the expenses it incurs in complying with the signage and26027
notice requirements contained in division (E) of this section. The26028
political subdivision may use up to fifty per cent of each fine it26029
receives under division (J)(2) of this section to pay the costs of26030
educational, advocacy, support, and assistive technology programs26031
for persons with disabilities, and for public improvements within26032
the political subdivision that benefit or assist persons with26033
disabilities, if governmental agencies or nonprofit organizations26034
offer the programs.26035

       (3) Whoever violates division (H) of this section shall be26036
punished as follows:26037

       (a) Except as otherwise provided in division (J)(3) of this26038
section, the offender shall be issued a warning.26039

       (b) If the offender previously has been convicted of or26040
pleaded guilty to a violation of division (H) of this section or26041
of a municipal ordinance that is substantially similar to that26042
division, the offender shall not be issued a warning but shall be26043
fined twenty-five dollars for each parking location that is not26044
properly marked or whose markings are not properly maintained.26045

       (K) As used in this section:26046

       (1) "Handicapped person" means any person who has lost the26047
use of one or both legs or one or both arms, who is blind, deaf,26048
or so severely handicapped as to be unable to move without the aid26049
of crutches or a wheelchair, or whose mobility is restricted by a26050
permanent cardiovascular, pulmonary, or other handicapping26051
condition.26052

       (2) "Person with a disability that limits or impairs the26053
ability to walk" has the same meaning as in section 4503.44 of the26054
Revised Code.26055

       (3) "Special license plates" and "removable windshield26056
placard" mean any license plates or removable windshield placard26057
or temporary removable windshield placard issued under section26058
4503.41 or 4503.44 of the Revised Code, and also mean any26059
substantially similar license plates or removable windshield26060
placard or temporary removable windshield placard issued by a26061
state, district, country, or sovereignty.26062

       Sec. 4511.70.  (A) No person shall drive a vehicle or26063
trackless trolley when it is so loaded, or when there are in the26064
front seat such number of persons, as to obstruct the view of the26065
driver to the front or sides of the vehicle or to interfere with26066
the driver's control over the driving mechanism of the vehicle.26067

       (B) No passenger in a vehicle or trackless trolley shall26068
ride in such position as to interfere with the driver's view ahead26069
or to the sides, or to interfere with histhe driver's control26070
over the driving mechanism of the vehicle.26071

       (C) No person shall open the door of a vehicle on the side26072
available to moving traffic unless and until it is reasonably safe26073
to do so, and can be done without interfering with the movement of26074
other traffic, nor shall any person leave a door open on the side26075
of a vehicle available to moving traffic for a period of time26076
longer than necessary to load or unload passengers.26077

       (D) Except as otherwise provided in this division, whoever26078
violates this section is guilty of a minor misdemeanor. If,26079
within one year of the offense, the offender previously has been26080
convicted of or pleaded guilty to one predicate motor vehicle or26081
traffic offense, whoever violates this section is guilty of a26082
misdemeanor of the fourth degree. If, within one year of the26083
offense, the offender previously has been convicted of two or more26084
predicate motor vehicle or traffic offenses, whoever violates this26085
section is guilty of a misdemeanor of the third degree.26086

       Sec. 4511.701. (A) No person shall occupy any travel26087
trailer or manufactured or mobile home while it is being used as a26088
conveyance upon a street or highway.26089

       (B) Except as otherwise provided in this division, whoever26090
violates this section is guilty of a minor misdemeanor. If,26091
within one year of the offense, the offender previously has been26092
convicted of or pleaded guilty to one predicate motor vehicle or26093
traffic offense, whoever violates this section is guilty of a26094
misdemeanor of the fourth degree. If, within one year of the26095
offense, the offender previously has been convicted of two or more26096
predicate motor vehicle or traffic offenses, whoever violates this26097
section is guilty of a misdemeanor of the third degree.26098

       Sec. 4511.71. (A) No person shall drive upon, along, or26099
across a street or highway, or any part thereof, whichof a street26100
or highway that has been closed in the process of its26101
construction, reconstruction, or repair, and posted with26102
appropriate signs by the authority having jurisdiction to close26103
such highway.26104

       (B) Except as otherwise provided in this division, whoever26105
violates this section is guilty of a minor misdemeanor. If,26106
within one year of the offense, the offender previously has been26107
convicted of or pleaded guilty to one predicate motor vehicle or26108
traffic offense, whoever violates this section is guilty of a26109
misdemeanor of the fourth degree. If, within one year of the26110
offense, the offender previously has been convicted of two or more26111
predicate motor vehicle or traffic offenses, whoever violates this26112
section is guilty of a misdemeanor of the third degree.26113

       Sec. 4511.711. (A) No person shall drive any vehicle, other26114
than a bicycle, upon a sidewalk or sidewalk area except upon a26115
permanent or duly authorized temporary driveway.26116

       Nothing in this section shall be construed as prohibiting26117
local authorities from regulating the operation of bicycles within26118
their respective jurisdictions.26119

       (B) Except as otherwise provided in this division, whoever26120
violates this section is guilty of a minor misdemeanor. If,26121
within one year of the offense, the offender previously has been26122
convicted of or pleaded guilty to one predicate motor vehicle or26123
traffic offense, whoever violates this section is guilty of a26124
misdemeanor of the fourth degree. If, within one year of the26125
offense, the offender previously has been convicted of two or more26126
predicate motor vehicle or traffic offenses, whoever violates this26127
section is guilty of a misdemeanor of the third degree.26128

       Sec. 4511.712. (A) No driver shall enter an intersection or26129
marked crosswalk or drive onto any railroad grade crossing unless26130
there is sufficient space on the other side of the intersection,26131
crosswalk, or grade crossing to accommodate the vehicle,26132
streetcar, or trackless trolley hethe driver is operating without26133
obstructing the passage of other vehicles, streetcars, trackless26134
trolleys, pedestrians, or railroad trains, notwithstanding any26135
traffic control signal indication to proceed.26136

       (B) Except as otherwise provided in this division, whoever26137
violates this section is guilty of a minor misdemeanor. If,26138
within one year of the offense, the offender previously has been26139
convicted of or pleaded guilty to one predicate motor vehicle or26140
traffic offense, whoever violates this section is guilty of a26141
misdemeanor of the fourth degree. If, within one year of the26142
offense, the offender previously has been convicted of two or more26143
predicate motor vehicle or traffic offenses, whoever violates this26144
section is guilty of a misdemeanor of the third degree.26145

       Sec. 4511.713. (A) No person shall operate a motor vehicle,26146
snowmobile, or all-purpose vehicle upon any path set aside for the26147
exclusive use of bicycles, when an appropriate sign giving notice26148
of such use is posted on the path.26149

       Nothing in this section shall be construed to affect any rule26150
of the director of natural resources governing the operation of26151
motor vehicles, snowmobiles, all-purpose vehicles, and bicycles on26152
lands under histhe director's jurisdiction.26153

       (B) Except as otherwise provided in this division, whoever26154
violates this section is guilty of a minor misdemeanor. If,26155
within one year of the offense, the offender previously has been26156
convicted of or pleaded guilty to one predicate motor vehicle or26157
traffic offense, whoever violates this section is guilty of a26158
misdemeanor of the fourth degree. If, within one year of the26159
offense, the offender previously has been convicted of two or more26160
predicate motor vehicle or traffic offenses, whoever violates this26161
section is guilty of a misdemeanor of the third degree.26162

       Sec. 4511.72. (A) The driver of any vehicle, other than an26163
emergency vehicle or public safety vehicle on official business,26164
shall not follow any emergency vehicle or public safety vehicle26165
traveling in response to an alarm closer than five hundred feet,26166
or drive into or park such vehicle within the block where fire26167
apparatus has stopped in answer to a fire alarm, unless directed26168
to do so by a police officer or a firemanfirefighter.26169

       (B) Except as otherwise provided in this division, whoever26170
violates this section is guilty of a minor misdemeanor. If,26171
within one year of the offense, the offender previously has been26172
convicted of or pleaded guilty to one predicate motor vehicle or26173
traffic offense, whoever violates this section is guilty of a26174
misdemeanor of the fourth degree. If, within one year of the26175
offense, the offender previously has been convicted of two or more26176
predicate motor vehicle or traffic offenses, whoever violates this26177
section is guilty of a misdemeanor of the third degree.26178

       Sec. 4511.73. (A) No streetcar, trackless trolley, or26179
vehicle shall, without the consent of the fire department official26180
in command, be driven over any unprotected hose of a fire26181
department, when said hosethat is laid down on any street,26182
private driveway, or streetcar track to be used at any fire or26183
alarm of fire.26184

       (B) Except as otherwise provided in this division, whoever26185
violates this section is guilty of a minor misdemeanor. If,26186
within one year of the offense, the offender previously has been26187
convicted of or pleaded guilty to one predicate motor vehicle or26188
traffic offense, whoever violates this section is guilty of a26189
misdemeanor of the fourth degree. If, within one year of the26190
offense, the offender previously has been convicted of two or more26191
predicate motor vehicle or traffic offenses, whoever violates this26192
section is guilty of a misdemeanor of the third degree.26193

       Sec. 4511.74.  (A) No person shall place or knowingly drop26194
upon any part of a highway, lane, road, street, or alley any26195
tacks, bottles, wire, glass, nails, or other articles which may26196
damage or injure any person, vehicle, streetcar, trackless26197
trolley, or animal traveling along or upon such highway, except26198
such substances that may be placed upon the roadway by proper26199
authority for the repair or construction thereof.26200

       Any person who drops or permits to be dropped or thrown upon26201
any highway any destructive or injurious material shall26202
immediately remove the same.26203

       Any person authorized to remove a wrecked or damaged vehicle,26204
streetcar, or trackless trolley from a highway shall remove any26205
glass or other injurious substance dropped upon the highway from26206
such vehicle, streetcar, or trackless trolley.26207

       No person shall place any obstruction in or upon a highway26208
without proper authority.26209

       (B) No person, with intent to cause physical harm to a26210
person or a vehicle, shall place or knowingly drop upon any part26211
of a highway, lane, road, street, or alley any tacks, bottles,26212
wire, glass, nails, or other articles which may damage or injure26213
any person, vehicle, streetcar, trackless trolley, or animal26214
traveling along or upon such highway, except such substances that26215
may be placed upon the roadway by proper authority for the repair26216
or construction thereof.26217

       (C)(1) Except as otherwise provided in this division,26218
whoever violates division (A) of this section is guilty of a minor26219
misdemeanor. If, within one year of the offense, the offender26220
previously has been convicted of or pleaded guilty to one26221
predicate motor vehicle or traffic offense, whoever violates26222
division (A) of this section is guilty of a misdemeanor of the26223
fourth degree. If, within one year of the offense, the offender26224
previously has been convicted of two or more predicate motor26225
vehicle or traffic offenses, whoever violates division (A) of this26226
section is guilty of a misdemeanor of the third degree.26227

       (2) Whoever violates division (B) of this section is guilty26228
of a misdemeanor of the first degree.26229

       Sec. 4511.75.  (A) The driver of a vehicle, streetcar, or26230
trackless trolley upon meeting or overtaking from either direction26231
any school bus stopped for the purpose of receiving or discharging26232
any school child, person attending programs offered by community26233
boards of mental health and county boards of mental retardation26234
and developmental disabilities, or child attending a program26235
offered by a head start agency, shall stop at least ten feet from26236
the front or rear of the school bus and shall not proceed until26237
such school bus resumes motion, or until signaled by the school26238
bus driver to proceed.26239

       It is no defense to a charge under this division that the26240
school bus involved failed to display or be equipped with an26241
automatically extended stop warning sign as required by division26242
(B) of this section.26243

       (B) Every school bus shall be equipped with amber and red26244
visual signals meeting the requirements of section 4511.771 of the26245
Revised Code, and an automatically extended stop warning sign of a26246
type approved by the state board of education, which shall be26247
actuated by the driver of the bus whenever but only whenever the26248
bus is stopped or stopping on the roadway for the purpose of26249
receiving or discharging school children, persons attending26250
programs offered by community boards of mental health and county26251
boards of mental retardation and developmental disabilities, or26252
children attending programs offered by head start agencies. A26253
school bus driver shall not actuate the visual signals or the stop26254
warning sign in designated school bus loading areas where the bus26255
is entirely off the roadway or at school buildings when children26256
or persons attending programs offered by community boards of26257
mental health and county boards of mental retardation and26258
developmental disabilities are loading or unloading at curbside or26259
at buildings when children attending programs offered by head26260
start agencies are loading or unloading at curbside. The visual26261
signals and stop warning sign shall be synchronized or otherwise26262
operated as required by rule of the board.26263

       (C) Where a highway has been divided into four or more26264
traffic lanes, a driver of a vehicle, streetcar, or trackless26265
trolley need not stop for a school bus approaching from the26266
opposite direction which has stopped for the purpose of receiving26267
or discharging any school child, persons attending programs26268
offered by community boards of mental health and county boards of26269
mental retardation and developmental disabilities, or children26270
attending programs offered by head start agencies. The driver of26271
any vehicle, streetcar, or trackless trolley overtaking the school26272
bus shall comply with division (A) of this section.26273

       (D) School buses operating on divided highways or on26274
highways with four or more traffic lanes shall receive and26275
discharge all school children, persons attending programs offered26276
by community boards of mental health and county boards of mental26277
retardation and developmental disabilities, and children attending26278
programs offered by head start agencies on their residence side of26279
the highway.26280

       (E) No school bus driver shall start the driver's bus until26281
after any child, person attending programs offered by community26282
boards of mental health and county boards of mental retardation26283
and developmental disabilities, or child attending a program26284
offered by a head start agency who may have alighted therefrom has26285
reached a place of safety on the child's or person's residence26286
side of the road.26287

       (F)(1)Whoever violates division (A) of this section may be26288
fined an amount not to exceed five hundred dollars. A person who26289
is issued a citation for a violation of division (A) of this26290
section is not permitted to enter a written plea of guilty and26291
waive the person's right to contest the citation in a trial but26292
instead must appear in person in the proper court to answer the26293
charge.26294

       (2) In addition to and independent of any other penalty26295
provided by law, the court or mayor may impose upon an offender26296
who violates this section a class seven suspension of the26297
offender's driver's license, commercial driver's license,26298
temporary instruction permit, probationary license, or nonresident26299
operating privilege from the range specified in division (A)(7) of26300
section 4510.02 of the Revised Code. When a license is suspended26301
under this section, the court or mayor shall cause the offender to26302
deliver the license to the court, and the court or clerk of the26303
court immediately shall forward the license to the registrar of26304
motor vehicles, together with notice of the court's action.26305

       (G) As used in this section:26306

       (1) "Head start agency" has the same meaning as in division26307
(A)(1) of section 3301.31 of the Revised Code.26308

       (2) "School bus," as used in relation to children who attend26309
a program offered by a head start agency, means a bus that is26310
owned and operated by a head start agency, is equipped with an26311
automatically extended stop warning sign of a type approved by the26312
state board of education, is painted the color and displays the26313
markings described in section 4511.77 of the Revised Code, and is26314
equipped with amber and red visual signals meeting the26315
requirements of section 4511.771 of the Revised Code, irrespective26316
of whether or not the bus has fifteen or more children aboard at26317
any time. "School bus" does not include a van owned and operated26318
by a head start agency, irrespective of its color, lights, or26319
markings.26320

       Sec. 4511.751.  As used in this section, "license plate"26321
includes, but is not limited to, any temporary license placard26322
issued under section 4503.182 of the Revised Code or similar law26323
of another jurisdiction.26324

       When the operator of a school bus believes that a motorist26325
has violated division (A) of section 4511.75 of the Revised Code,26326
the operator shall report the license plate number and a general26327
description of the vehicle and of the operator of the vehicle to26328
the law enforcement agency exercising jurisdiction over the area26329
where the alleged violation occurred. The information contained26330
in the report relating to the license plate number and to the26331
general description of the vehicle and the operator of the vehicle26332
at the time of the alleged violation may be supplied by any person26333
with first-hand knowledge of the information. Information of which26334
the operator of the school bus has first-hand knowledge also may26335
be corroborated by any other person.26336

       Upon receipt of the report of the alleged violation of26337
division (A) of section 4511.75 of the Revised Code, the law26338
enforcement agency shall conduct an investigation to attempt to26339
determine or confirm the identity of the operator of the vehicle26340
at the time of the alleged violation. If the identity of the26341
operator at the time of the alleged violation is established, the26342
reporting of the license plate number of the vehicle shall26343
establish probable cause for the law enforcement agency to issue a26344
citation for the violation of division (A) of section 4511.75 of26345
the Revised Code. However, if the identity of the operator of the26346
vehicle at the time of the alleged violation cannot be26347
established, the law enforcement agency shall issue a warning to26348
the owner of the vehicle at the time of the alleged violation,26349
except in the case of a leased or rented vehicle when the warning26350
shall be issued to the lessee at the time of the alleged26351
violation.26352

       The registrar of motor vehicles and deputy registrars shall,26353
at the time of issuing license plates to any person, include with26354
the license plate a summary of the requirements of division (A) of26355
section 4511.75 of the Revised Code, the procedures of section26356
4507.165 of the Revised Code, and the procedures of, and penalty26357
in, division (G)(F) of section 4511.994511.75 of the Revised26358
Code.26359

       Sec. 4511.76.  (A) The department of public safety, by and26360
with the advice of the superintendent of public instruction, shall26361
adopt and enforce rules relating to the construction, design, and26362
equipment, including lighting equipment required by section26363
4511.771 of the Revised Code, of all school buses both publicly26364
and privately owned and operated in this state.26365

       (B) The department of education, by and with the advice of26366
the director of public safety, shall adopt and enforce rules26367
relating to the operation of all vehicles used for pupil26368
transportation.26369

       (C) No person shall operate a vehicle used for pupil26370
transportation within this state in violation of the rules of the26371
department of education or the department of public safety. No26372
person, being the owner thereof or having the supervisory26373
responsibility therefor, shall permit the operation of a vehicle26374
used for pupil transportation within this state in violation of26375
the rules of the department of education or the department of26376
public safety.26377

       (D) The department of public safety shall adopt and enforce26378
rules relating to the issuance of a license under section 4511.76326379
of the Revised Code. The rules may relate to the moral character26380
of the applicant; the condition of the equipment to be operated;26381
the liability and property damage insurance carried by the26382
applicant; the posting of satisfactory and sufficient bond; and26383
such other rules as the director of public safety determines26384
reasonably necessary for the safety of the pupils to be26385
transported.26386

       (E) As used in this section, "vehicle used for pupil26387
transportation" means any vehicle that is identified as such by26388
the department of education by rule and that is subject to Chapter26389
3301-83 of the Administrative Code.26390

       (F) Except as otherwise provided in this division, whoever26391
violates this section is guilty of a minor misdemeanor. If the26392
offender previously has been convicted of or pleaded guilty to one26393
or more violations of this section or section 4511.63, 4511.761,26394
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26395
municipal ordinance that is substantially similar to any of those26396
sections, whoever violates this section is guilty of a misdemeanor26397
of the fourth degree.26398

       Sec. 4511.761. (A) The state highway patrol shall inspect26399
every school bus to ascertain whether its construction, design,26400
and equipment comply with the regulations adopted pursuant to26401
section 4511.76 of the Revised Code and all other provisions of26402
law.26403

       The superintendent of the state highway patrol shall adopt a26404
distinctive inspection decal not less than twelve inches in size,26405
and bearing the date of the inspection, which shall be affixed to26406
the outside surface of each side of each school bus which upon26407
such inspection is found to comply with the regulations adopted26408
pursuant to section 4511.76 of the Revised Code. The appearance26409
of said decal shall be changed from year to year as to shape and26410
color in order to provide easy visual inspection.26411

       No person shall operate, nor shall any person being the owner26412
thereof or having supervisory responsibility therefor permit the26413
operation of, a school bus within this state unless there are26414
displayed thereon the decals issued by the state highway patrol26415
bearing the proper date of inspection for the calendar year for26416
which the inspection decals were issued.26417

       (B) Except as otherwise provided in this division, whoever26418
violates this section is guilty of a minor misdemeanor. If the26419
offender previously has been convicted of or pleaded guilty to one26420
or more violations of this section or section 4511.63, 4511.76,26421
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26422
municipal ordinance that is substantially similar to any of those26423
sections, whoever violates this section is guilty of a misdemeanor26424
of the fourth degree.26425

       (C) Whenever a person is found guilty in a court of record26426
of a violation of this section, the trial judge, in addition to or26427
independent of all other penalties provided by law, may suspend26428
for any period of time not exceeding three years, or cancel the26429
license of any person, partnership, association, or corporation,26430
issued under section 4511.763 of the Revised Code.26431

       Sec. 4511.762.  (A) Except as provided in division (B) of26432
this section, no person who is the owner of a bus that previously26433
was registered as a school bus that is used or is to be used26434
exclusively for purposes other than the transportation of26435
children, shall operate the bus or permit it to be operated within26436
this state unless the bus has been painted a color different from26437
that prescribed for school buses by section 4511.77 of the Revised26438
Code and painted in such a way that the words "stop" and "school26439
bus" are obliterated.26440

       (B) Any church bus that previously was registered as a26441
school bus and is registered under section 4503.07 of the Revised26442
Code may retain the paint color prescribed for school buses by26443
section 4511.77 of the Revised Code if the bus complies with all26444
of the following:26445

       (1) The words "school bus" required by section 4511.77 of26446
the Revised Code are covered or obliterated and the bus is marked26447
on the front and rear with the words "church bus" painted in black26448
lettering not less than ten inches in height;26449

       (2) The automatically extended stop warning sign required by26450
section 4511.75 of the Revised Code is removed and the word "stop"26451
required by section 4511.77 of the Revised Code is covered or26452
obliterated;26453

       (3) The flashing red and amber lights required by section26454
4511.771 of the Revised Code are covered or removed;26455

       (4) The inspection decal required by section 4511.761 of the26456
Revised Code is covered or removed;26457

       (5) The identification number assigned under section26458
4511.764 of the Revised Code and marked in black lettering on the26459
front and rear of the bus is covered or obliterated.26460

       (C) Except as otherwise provided in this division, whoever26461
violates this section is guilty of a minor misdemeanor. If the26462
offender previously has been convicted of or pleaded guilty to one26463
or more violations of this section or section 4511.63, 4511.76,26464
4511.761, 4511.764, 4511.77, or 4511.79 of the Revised Code or a26465
municipal ordinance that is substantially similar to any of those26466
sections, whoever violates this section is guilty of a misdemeanor26467
of the fourth degree.26468

       (D) Whenever a person is found guilty in a court of record26469
of a violation of this section, the trial judge, in addition to or26470
independent of all other penalties provided by law, may suspend26471
for any period of time not exceeding three years, or cancel the26472
license of any person, partnership, association, or corporation,26473
issued under section 4511.763 of the Revised Code.26474

       Sec. 4511.763. (A) No person, partnership, association, or26475
corporation shall transport pupils to or from school on a school26476
bus or enter into a contract with a board of education of any26477
school district for the transportation of pupils on a school bus,26478
without being licensed by the department of public safety.26479

       (B) Except as otherwise provided in this division, whoever26480
violates this section is guilty of a minor misdemeanor. If,26481
within one year of the offense, the offender previously has been26482
convicted of or pleaded guilty to one predicate motor vehicle or26483
traffic offense, whoever violates this section is guilty of a26484
misdemeanor of the fourth degree. If, within one year of the26485
offense, the offender previously has been convicted of two or more26486
predicate motor vehicle or traffic offenses, whoever violates this26487
section is guilty of a misdemeanor of the third degree.26488

       Sec. 4511.764. (A) The superintendent of the state highway26489
patrol shall require school buses to be registered, in the name of26490
the owner, with the state highway patrol on forms and in26491
accordance with regulations as the superintendent may adopt.26492

       When the superintendent is satisfied that the registration26493
has been completed, hethe superintendent shall assign an26494
identifying number to each school bus registered in accordance26495
with this section. The number so assigned shall be marked on the26496
front and rear of the vehicle in black lettering not less than six26497
inches in height and will remain unchanged as long as the26498
ownership of that vehicle remains the same.26499

       No person shall operate, nor shall any person, being the26500
owner thereof or having supervisory responsibility therefor,26501
permit the operation of a school bus within this state unless26502
there is displayed thereon an identifying number in accordance26503
with this section.26504

       (B) Except as otherwise provided in this division, whoever26505
violates this section is guilty of a minor misdemeanor. If the26506
offender previously has been convicted of or pleaded guilty to one26507
or more violations of section 4511.63, 4511.76, 4511.761,26508
4511.762, 4511.77, or 4511.79 of the Revised Code or a municipal26509
ordinance that is substantially similar to any of those sections,26510
whoever violates this section is guilty of a misdemeanor of the26511
fourth degree.26512

       Sec. 4511.77. (A) No person shall operate, nor shall any26513
person being the owner thereof or having supervisory26514
responsibility therefor permit the operation of, a school bus26515
within this state unless it is painted national school bus yellow26516
and is marked on both front and rear with the words "school bus"26517
in black lettering not less than eight inches in height and on the26518
rear of the bus with the word "stop" in black lettering not less26519
than ten inches in height.26520

       (B) Except as otherwise provided in this division, whoever26521
violates this section is guilty of a minor misdemeanor. If the26522
offender previously has been convicted of or pleaded guilty to one26523
or more violations of this section or section 4511.63, 4511.76,26524
4511.761, 4511.762, 4511.764, or 4511.79 of the Revised Code or a26525
municipal ordinance that is substantially similar to any of those26526
sections, whoever violates this section is guilty of a misdemeanor26527
of the fourth degree.26528

       (C) Whenever a person is found guilty in a court of record26529
of a violation of this section, the trial judge, in addition to or26530
independent of all other penalties provided by law, may suspend26531
for any period of time not exceeding three years, or cancel the26532
license of any person, partnership, association, or corporation,26533
issued under section 4511.763 of the Revised Code.26534

       Sec. 4511.771. (A) Every school bus shall, in addition to26535
any other equipment and distinctive markings required pursuant to26536
sections 4511.76, 4511.761, 4511.764, and 4511.77 of the Revised26537
Code, be equipped with signal lamps mounted as high as26538
practicable, which shall display to the front two alternately26539
flashing red lights and two alternately flashing amber lights26540
located at the same level and to the rear two alternately flashing26541
red lights and two alternately flashing amber lights located at26542
the same level, and these lights shall be visible at five hundred26543
feet in normal sunlight. The alternately flashing red lights26544
shall be spaced as widely as practicable, and the alternately26545
flashing amber lights shall be located next to them.26546

       (B) Except as otherwise provided in this division, whoever26547
violates this section is guilty of a minor misdemeanor. If,26548
within one year of the offense, the offender previously has been26549
convicted of or pleaded guilty to one predicate motor vehicle or26550
traffic offense, whoever violates this section is guilty of a26551
misdemeanor of the fourth degree. If, within one year of the26552
offense, the offender previously has been convicted of two or more26553
predicate motor vehicle or traffic offenses, whoever violates this26554
section is guilty of a misdemeanor of the third degree.26555

       Sec. 4511.772. (A) On and after the effective date of this26556
sectionMay 6, 1986, no person, school board, or governmental26557
entity shall purchase, lease, or rent a new school bus unless the26558
school bus has an occupant restraining device, as defined in26559
section 4513.263 of the Revised Code, installed for use in its26560
operator's seat.26561

       (B) Whoever violates this section is guilty of a minor26562
misdemeanor.26563

       Sec. 4511.78.  (A) As used in this section:26564

       (1) "Mass transit system" means any county transit system,26565
regional transit authority, regional transit commission,26566
municipally owned transportation system, mass transit company26567
operating exclusively within the territorial limits of a municipal26568
corporation, or within such limits and the territorial limits of26569
municipal corporations immediately contiguous to such municipal26570
corporation, and any common passenger carrier certified by the26571
public utilities commission, that provides transportation for26572
children to or from a school session or a school function.26573

       (2) "Bus" means every motor vehicle designed for carrying26574
more than nine passengers and used for the transportation of26575
persons, but does not mean any school bus as defined in section26576
4511.01 of the Revised Code.26577

       (B) Whenever a mass transit system transports children to or26578
from a school session or school function, the mass transit system26579
shall provide for:26580

       (1) Periodic safety inspections of all buses used to provide26581
transportation service. The inspections shall be based on rules26582
adopted by the public utilities commission under Chapters 4921.26583
and 4923. of the Revised Code to ensure the safety of operation of26584
motor transportation companies and private motor carriers.26585

       (2) The safety training of all drivers operating buses used26586
to provide transportation service;26587

       (3) The equipping of every bus with outside rear-view26588
mirrors meeting the motor carrier regulations for bus equipment26589
adopted by the federal highway administration. No exclusions from26590
this requirement granted under the federal regulations shall be26591
considered exclusions for the purposes of this division.26592

       (C) Except as otherwise provided in this division, whoever26593
violates this section is guilty of a minor misdemeanor. If,26594
within one year of the offense, the offender previously has been26595
convicted of or pleaded guilty to one predicate motor vehicle or26596
traffic offense, whoever violates this section is guilty of a26597
misdemeanor of the fourth degree. If, within one year of the26598
offense, the offender previously has been convicted of two or more26599
predicate motor vehicle or traffic offenses, whoever violates this26600
section is guilty of a misdemeanor of the third degree.26601

       Sec. 4511.79.  (A) No person shall drive a "commercial motor26602
vehicle" as defined in section 4506.01 of the Revised Code, or a26603
"commercial car" or "commercial tractor," as defined in section26604
4501.01 of the Revised Code, while histhe person's ability or26605
alertness is so impaired by fatigue, illness, or other causes that26606
it is unsafe for himthe person to drive such vehicle. No driver26607
shall use any drug which would adversely affect histhe driver's26608
ability or alertness.26609

       (B) No owner, as defined in section 4501.01 of the Revised26610
Code, of a "commercial motor vehicle," "commercial car," or26611
"commercial tractor," or a person employing or otherwise directing26612
the driver of such vehicle, shall require or knowingly permit a26613
driver in any such condition described in division (A) of this26614
section to drive such vehicle upon any street or highway.26615

       (C) Except as otherwise provided in this division, whoever26616
violates this section is guilty of a minor misdemeanor. If the26617
offender previously has been convicted of or pleaded guilty to one26618
or more violations of this section or section 4511.63, 4511.76,26619
4511.761, 4511.762, 4511.764, Or 4511.77 of the Revised Code or a26620
municipal ordinance that is substantially similar to any of those26621
sections, whoever violates this section is guilty of a misdemeanor26622
of the fourth degree.26623

       Sec. 4511.81.  (A) When any child who is in either or both26624
of the following categories is being transported in a motor26625
vehicle, other than a taxicab or public safety vehicle as defined26626
in section 4511.01 of the Revised Code, that is registered in this26627
state and is required by the United States department of26628
transportation to be equipped with seat belts at the time of26629
manufacture or assembly, the operator of the motor vehicle shall26630
have the child properly secured in accordance with the26631
manufacturer's instructions in a child restraint system that meets26632
federal motor vehicle safety standards:26633

       (1) A child who is less than four years of age;26634

       (2) A child who weighs less than forty pounds.26635

       (B) When any child who is in either or both of the following26636
categories is being transported in a motor vehicle, other than a26637
taxicab, that is registered in this state and is owned, leased, or26638
otherwise under the control of a nursery school, kindergarten, or26639
day-care center, the operator of the motor vehicle shall have the26640
child properly secured in accordance with the manufacturer's26641
instructions in a child restraint system that meets federal motor26642
vehicle safety standards:26643

       (1) A child who is less than four years of age;26644

       (2) A child who weighs less than forty pounds.26645

       (C) The director of public safety shall adopt such rules as26646
are necessary to carry out this section.26647

       (D) The failure of an operator of a motor vehicle to secure26648
a child in a child restraint system as required by this section is26649
not negligence imputable to the child, is not admissible as26650
evidence in any civil action involving the rights of the child26651
against any other person allegedly liable for injuries to the26652
child, is not to be used as a basis for a criminal prosecution of26653
the operator of the motor vehicle other than a prosecution for a26654
violation of this section, and is not admissible as evidence in26655
any criminal action involving the operator of the motor vehicle26656
other than a prosecution for a violation of this section.26657

       (E) This section does not apply when an emergency exists26658
that threatens the life of any person operating a motor vehicle26659
and to whom this section otherwise would apply or the life of any26660
child who otherwise would be required to be restrained under this26661
section.26662

       (F) If a person who is not a resident of this state is26663
charged with a violation of division (A) or (B) of this section26664
and does not prove to the court, by a preponderance of the26665
evidence, that the person's use or nonuse of a child restraint26666
system was in accordance with the law of the state of which the26667
person is a resident, the court shall impose the fine levied by26668
division (H)(2) of this section 4511.99 of the Revised Code.26669

       (G) There is hereby created in the state treasury the "child26670
highway safety fund," consisting of fines imposed pursuant to26671
divisions (H)(1) and (2) of this section 4511.99 of the Revised26672
Code for violations of divisions (A) and (B) of this section. The26673
money in the fund shall be used by the department of health only26674
to defray the cost of designating hospitals as pediatric trauma26675
centers under section 3727.081 of the Revised Code and to26676
establish and administer a child highway safety program. The26677
purpose of the program shall be to educate the public about child26678
restraint systems generally and the importance of their proper26679
use. The program also shall include a process for providing child26680
restraint systems to persons who meet the eligibility criteria26681
established by the department, and a toll-free telephone number26682
the public may utilize to obtain information about child restraint26683
systems and their proper use.26684

       The director of health, in accordance with Chapter 119. of26685
the Revised Code, shall adopt any rules necessary to carry out26686
this section, including rules establishing the criteria a person26687
must meet in order to receive a child restraint system under the26688
department's child restraint system program; provided that rules26689
relating to the verification of pediatric trauma centers shall not26690
be adopted under this section.26691

       (H)(1) Whoever is a resident of this state and violates26692
division (A) or (B) of this section shall be punished as follows:26693

       (a) Except as otherwise provided in division (H)(1)(b) of26694
this section, the offender is guilty of a minor misdemeanor.26695

       (b) If the offender previously has been convicted of or26696
pleaded guilty to a violation of division (A) or (B) of this26697
section or of a municipal ordinance that is substantially similar26698
to either of those divisions, the offender is guilty of a26699
misdemeanor of the fourth degree.26700

       (2) Whoever is not a resident of this state, violates26701
division (A) or (B) of this section, and fails to prove by a26702
preponderance of the evidence that the offender's use or nonuse of26703
a child restraint system was in accordance with the law of the26704
state of which the offender is a resident is guilty of a minor26705
misdemeanor on a first offense; on a second or subsequent offense,26706
that person is guilty of a misdemeanor of the fourth degree.26707

       (3) All fines imposed pursuant to division (H)(1) or (2) of26708
this section shall be forwarded to the treasurer of state for26709
deposit in the "child highway safety fund" created by division (G)26710
of this section. 26711

       Sec. 4511.82.  (A) No operator or occupant of a motor26712
vehicle shall, regardless of intent, throw, drop, discard, or26713
deposit litter from any motor vehicle in operation upon any26714
street, road, or highway, except into a litter receptacle in a26715
manner that prevents its being carried away or deposited by the26716
elements.26717

       (B) No operator of a motor vehicle in operation upon any26718
street, road, or highway shall allow litter to be thrown, dropped,26719
discarded, or deposited from the motor vehicle, except into a26720
litter receptacle in a manner that prevents its being carried away26721
or deposited by the elements.26722

       (C) Whoever violates division (A) or (B) of this section is26723
guilty of a minor misdemeanor.26724

       (D) As used in this section, "litter" means garbage, trash,26725
waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes,26726
automobile parts, furniture, glass, or anything else of an26727
unsightly or unsanitary nature.26728

       Sec. 4511.84.  (A) No person shall operate a motor vehicle26729
while wearing earphones over, or earplugs in, both ears. As used26730
in this section, "earphones" means any headset, radio, tape26731
player, or other similar device that provides the listener with26732
radio programs, music, or other recorded information through a26733
device attached to the head and that covers all or a portion of26734
both ears. "Earphones" does not include speakers or other26735
listening devices that are built into protective headgear.26736

       (B) This section does not apply to:26737

       (1) Any person wearing a hearing aid;26738

       (2) Law enforcement personnel while on duty;26739

       (3) Fire department personnel and emergency medical service26740
personnel while on duty;26741

       (4) Any person engaged in the operation of equipment for use26742
in the maintenance or repair of any highway;26743

       (5) Any person engaged in the operation of refuse collection26744
equipment.26745

       (C) Except as otherwise provided in this division, whoever26746
violates this section is guilty of a minor misdemeanor. If,26747
within one year of the offense, the offender previously has been26748
convicted of or pleaded guilty to one predicate motor vehicle or26749
traffic offense, whoever violates this section is guilty of a26750
misdemeanor of the fourth degree. If, within one year of the26751
offense, the offender previously has been convicted of two or more26752
predicate motor vehicle or traffic offenses, whoever violates this26753
section is guilty of a misdemeanor of the third degree.26754

       Sec. 4511.85.  (A) The operator of a chauffeured limousine26755
shall accept passengers only on the basis of prearranged26756
contracts, as defined in division (LL) of section 4501.01 of the26757
Revised Code, and shall not cruise in search of patronage unless26758
the limousine is in compliance with any statute or ordinance26759
governing the operation of taxicabs or other similar vehicles for26760
hire.26761

       (B) No person shall advertise or hold self out as doing26762
business as a limousine service or livery service or other similar26763
designation unless each vehicle used by the person to provide the26764
service is registered in accordance with section 4503.24 of the26765
Revised Code and is in compliance with section 4509.80 of the26766
Revised Code.26767

       (C) Whoever violates this section is guilty of a misdemeanor26768
of the first degree.26769

       Sec. 4511.99. (A) Whoever violates division (A)(1), (2),26770
(3), or (4) of section 4511.19 of the Revised Code, in addition to26771
the license suspension or revocation provided in section 4507.1626772
of the Revised Code and any disqualification imposed under section26773
4506.16 of the Revised Code, shall be punished as provided in26774
division (A)(1), (2), (3), or (4) of this section. Whoever26775
violates division (A)(5), (6), or (7) of section 4511.19 of the26776
Revised Code, in addition to the license suspension or revocation26777
provided in section 4507.16 of the Revised Code and any26778
disqualification imposed under section 4506.16 of the Revised26779
Code, shall be punished as provided in division (A)(5), (6), (7),26780
or (8) of this section.26781

       (1) Except as otherwise provided in division (A)(2), (3), or26782
(4) of this section, the offender is guilty of a misdemeanor of26783
the first degree and the court shall sentence the offender to a26784
term of imprisonment of three consecutive days and may sentence26785
the offender pursuant to section 2929.21 of the Revised Code to a26786
longer term of imprisonment. In addition, the court shall impose26787
upon the offender a fine of not less than two hundred fifty and26788
not more than one thousand dollars.26789

       The court may suspend the execution of the mandatory three26790
consecutive days of imprisonment that it is required to impose by26791
this division, if the court, in lieu of the suspended term of26792
imprisonment, places the offender on probation and requires the26793
offender to attend, for three consecutive days, a drivers'26794
intervention program that is certified pursuant to section 3793.1026795
of the Revised Code. The court also may suspend the execution of26796
any part of the mandatory three consecutive days of imprisonment26797
that it is required to impose by this division, if the court26798
places the offender on probation for part of the three consecutive26799
days; requires the offender to attend, for that part of the three26800
consecutive days, a drivers' intervention program that is26801
certified pursuant to section 3793.10 of the Revised Code; and26802
sentences the offender to a term of imprisonment equal to the26803
remainder of the three consecutive days that the offender does not26804
spend attending the drivers' intervention program. The court may26805
require the offender, as a condition of probation, to attend and26806
satisfactorily complete any treatment or education programs that26807
comply with the minimum standards adopted pursuant to Chapter26808
3793. of the Revised Code by the director of alcohol and drug26809
addiction services, in addition to the required attendance at a26810
drivers' intervention program, that the operators of the drivers'26811
intervention program determine that the offender should attend and26812
to report periodically to the court on the offender's progress in26813
the programs. The court also may impose any other conditions of26814
probation on the offender that it considers necessary.26815

       Of the fine imposed pursuant to this division, twenty-five26816
dollars shall be paid to an enforcement and education fund26817
established by the legislative authority of the law enforcement26818
agency in this state that primarily was responsible for the arrest26819
of the offender, as determined by the court that imposes the fine.26820
This share shall be used by the agency to pay only those costs it26821
incurs in enforcing section 4511.19 of the Revised Code or a26822
substantially similar municipal ordinance and in informing the26823
public of the laws governing the operation of a motor vehicle26824
while under the influence of alcohol, the dangers of operating a26825
motor vehicle while under the influence of alcohol, and other26826
information relating to the operation of a motor vehicle and the26827
consumption of alcoholic beverages. Fifty dollars of the fine26828
imposed pursuant to this division shall be paid to the political26829
subdivision that pays the cost of housing the offender during the26830
offender's term of incarceration to the credit of the fund that26831
pays the cost of the incarceration. If the offender was confined26832
as a result of the offense prior to being sentenced for the26833
offense but is not sentenced to a term of incarceration, the fifty26834
dollars shall be paid to the political subdivision that paid the26835
cost of housing the offender during that period of confinement.26836
The political subdivision shall use this share to pay or reimburse26837
incarceration or treatment costs it incurs in housing or providing26838
drug and alcohol treatment to persons who violate section 4511.1926839
of the Revised Code or a substantially similar municipal ordinance26840
and to pay for ignition interlock devices and electronic house26841
arrest equipment for persons who violate that section. 26842
Twenty-five dollars of the fine imposed pursuant to this division26843
shall be deposited into the county indigent drivers alcohol26844
treatment fund or municipal indigent drivers alcohol treatment26845
fund under the control of that court, as created by the county or26846
municipal corporation pursuant to division (N) of section 4511.19126847
of the Revised Code. The balance of the fine shall be disbursed26848
as otherwise provided by law.26849

       (2)(a) Except as otherwise provided in division (A)(4) of26850
this section, the offender is guilty of a misdemeanor of the first26851
degree, and, except as provided in this division, the court shall26852
sentence the offender to a term of imprisonment of ten consecutive26853
days and may sentence the offender pursuant to section 2929.21 of26854
the Revised Code to a longer term of imprisonment if, within six26855
years of the offense, the offender has been convicted of or26856
pleaded guilty to one violation of the following:26857

       (i) Division (A) or (B) of section 4511.19 of the Revised26858
Code;26859

       (ii) A municipal ordinance relating to operating a vehicle26860
while under the influence of alcohol, a drug of abuse, or alcohol26861
and a drug of abuse;26862

       (iii) A municipal ordinance relating to operating a vehicle26863
with a prohibited concentration of alcohol in the blood, breath,26864
or urine;26865

       (iv) Section 2903.04 of the Revised Code in a case in which26866
the offender was subject to the sanctions described in division26867
(D) of that section;26868

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of26869
section 2903.08 of the Revised Code or a municipal ordinance that26870
is substantially similar to either of those divisions;26871

       (vi) Division (A)(2), (3), or (4) of section 2903.06,26872
division (A)(2) of section 2903.08, or former section 2903.07 of26873
the Revised Code, or a municipal ordinance that is substantially26874
similar to any of those divisions or that former section, in a26875
case in which the jury or judge found that the offender was under26876
the influence of alcohol, a drug of abuse, or alcohol and a drug26877
of abuse;26878

       (vii) A statute of the United States or of any other state26879
or a municipal ordinance of a municipal corporation located in any26880
other state that is substantially similar to division (A) or (B)26881
of section 4511.19 of the Revised Code.26882

       As an alternative to the term of imprisonment required to be26883
imposed by this division, but subject to division (A)(12) of this26884
section, the court may impose upon the offender a sentence26885
consisting of both a term of imprisonment of five consecutive days26886
and not less than eighteen consecutive days of electronically26887
monitored house arrest as defined in division (A) of section26888
2929.23 of the Revised Code. The five consecutive days of26889
imprisonment and the period of electronically monitored house26890
arrest shall not exceed six months. The five consecutive days of26891
imprisonment do not have to be served prior to or consecutively26892
with the period of electronically monitored house arrest.26893

       In addition, the court shall impose upon the offender a fine26894
of not less than three hundred fifty and not more than one26895
thousand five hundred dollars.26896

       In addition to any other sentence that it imposes upon the26897
offender, the court may require the offender to attend a drivers'26898
intervention program that is certified pursuant to section 3793.1026899
of the Revised Code. If the officials of the drivers'26900
intervention program determine that the offender is alcohol26901
dependent, they shall notify the court, and the court shall order26902
the offender to obtain treatment through an alcohol and drug26903
addiction program authorized by section 3793.02 of the Revised26904
Code. The cost of the treatment shall be paid by the offender.26905

       Of the fine imposed pursuant to this division, thirty-five26906
dollars shall be paid to an enforcement and education fund26907
established by the legislative authority of the law enforcement26908
agency in this state that primarily was responsible for the arrest26909
of the offender, as determined by the court that imposes the fine.26910
This share shall be used by the agency to pay only those costs it26911
incurs in enforcing section 4511.19 of the Revised Code or a26912
substantially similar municipal ordinance and in informing the26913
public of the laws governing the operation of a motor vehicle26914
while under the influence of alcohol, the dangers of operating a26915
motor vehicle while under the influence of alcohol, and other26916
information relating to the operation of a motor vehicle and the26917
consumption of alcoholic beverages. One hundred fifteen dollars26918
of the fine imposed pursuant to this division shall be paid to the26919
political subdivision that pays the cost of housing the offender26920
during the offender's term of incarceration. This share shall be26921
used by the political subdivision to pay or reimburse26922
incarceration or treatment costs it incurs in housing or providing26923
drug and alcohol treatment to persons who violate section 4511.1926924
of the Revised Code or a substantially similar municipal ordinance26925
and to pay for ignition interlock devices and electronic house26926
arrest equipment for persons who violate that section, and shall26927
be paid to the credit of the fund that pays the cost of the26928
incarceration. Fifty dollars of the fine imposed pursuant to this26929
division shall be deposited into the county indigent drivers26930
alcohol treatment fund or municipal indigent drivers alcohol26931
treatment fund under the control of that court, as created by the26932
county or municipal corporation pursuant to division (N) of26933
section 4511.191 of the Revised Code. The balance of the fine26934
shall be disbursed as otherwise provided by law.26935

       (b) Regardless of whether the vehicle the offender was26936
operating at the time of the offense is registered in the26937
offender's name or in the name of another person, the court, in26938
addition to the penalties imposed under division (A)(2)(a) of this26939
section and all other penalties provided by law and subject to26940
section 4503.235 of the Revised Code, shall order the26941
immobilization for ninety days of the vehicle the offender was26942
operating at the time of the offense and the impoundment for26943
ninety days of the identification license plates of that vehicle.26944
The order for the immobilization and impoundment shall be issued26945
and enforced in accordance with section 4503.233 of the Revised26946
Code.26947

       (3)(a) Except as otherwise provided in division (A)(4) of26948
this section and except as provided in this division, if, within26949
six years of the offense, the offender has been convicted of or26950
pleaded guilty to two violations identified in division (A)(2) of26951
this section, the court shall sentence the offender to a term of26952
imprisonment of thirty consecutive days and may sentence the26953
offender to a longer definite term of imprisonment of not more26954
than one year. As an alternative to the term of imprisonment26955
required to be imposed by this division, but subject to division26956
(A)(12) of this section, the court may impose upon the offender a26957
sentence consisting of both a term of imprisonment of fifteen26958
consecutive days and not less than fifty-five consecutive days of26959
electronically monitored house arrest as defined in division (A)26960
of section 2929.23 of the Revised Code. The fifteen consecutive26961
days of imprisonment and the period of electronically monitored26962
house arrest shall not exceed one year. The fifteen consecutive26963
days of imprisonment do not have to be served prior to or26964
consecutively with the period of electronically monitored house26965
arrest.26966

       In addition, the court shall impose upon the offender a fine26967
of not less than five hundred fifty and not more than two thousand26968
five hundred dollars.26969

       In addition to any other sentence that it imposes upon the26970
offender, the court shall require the offender to attend an26971
alcohol and drug addiction program authorized by section 3793.0226972
of the Revised Code. The cost of the treatment shall be paid by26973
the offender. If the court determines that the offender is unable26974
to pay the cost of attendance at the treatment program, the court26975
may order that payment of the cost of the offender's attendance at26976
the treatment program be made from that court's indigent drivers26977
alcohol treatment fund.26978

       Of the fine imposed pursuant to this division, one hundred26979
twenty-three dollars shall be paid to an enforcement and education26980
fund established by the legislative authority of the law26981
enforcement agency in this state that primarily was responsible26982
for the arrest of the offender, as determined by the court that26983
imposes the fine. This share shall be used by the agency to pay26984
only those costs it incurs in enforcing section 4511.19 of the26985
Revised Code or a substantially similar municipal ordinance and in26986
informing the public of the laws governing the operation of a26987
motor vehicle while under the influence of alcohol, the dangers of26988
operating a motor vehicle while under the influence of alcohol,26989
and other information relating to the operation of a motor vehicle26990
and the consumption of alcoholic beverages. Two hundred26991
seventy-seven dollars of the fine imposed pursuant to this26992
division shall be paid to the political subdivision that pays the26993
cost of housing the offender during the offender's term of26994
incarceration. This share shall be used by the political26995
subdivision to pay or reimburse incarceration or treatment costs26996
it incurs in housing or providing drug and alcohol treatment to26997
persons who violate section 4511.19 of the Revised Code or a26998
substantially similar municipal ordinance and to pay for ignition26999
interlock devices and electronic house arrest equipment for27000
persons who violate that section and shall be paid to the credit27001
of the fund that pays the cost of incarceration. The balance of27002
the fine shall be disbursed as otherwise provided by law.27003

       (b) Regardless of whether the vehicle the offender was27004
operating at the time of the offense is registered in the27005
offender's name or in the name of another person, the court, in27006
addition to the penalties imposed under division (A)(3)(a) of this27007
section and all other penalties provided by law and subject to27008
section 4503.235 of the Revised Code, shall order the criminal27009
forfeiture to the state of the vehicle the offender was operating27010
at the time of the offense. The order of criminal forfeiture27011
shall be issued and enforced in accordance with section 4503.23427012
of the Revised Code.27013

       (4)(a)(i) If, within six years of the offense, the offender27014
has been convicted of or pleaded guilty to three or more27015
violations identified in division (A)(2) of this section, and if27016
sentence is not required to be imposed under division27017
(A)(4)(a)(ii) of this section, the offender is guilty of a felony27018
of the fourth degree and, notwithstanding division (A)(4) of27019
section 2929.14 of the Revised Code, may be sentenced to a27020
definite prison term that shall be not less than six months and27021
not more than thirty months. The court shall sentence the27022
offender in accordance with sections 2929.11 to 2929.19 of the27023
Revised Code and shall impose as part of the sentence either a27024
mandatory term of local incarceration of sixty consecutive days of27025
imprisonment in accordance with division (G)(1) of section 2929.1327026
of the Revised Code or a mandatory prison term of sixty27027
consecutive days of imprisonment in accordance with division27028
(G)(2) of that section. If the court requires the offender to27029
serve a mandatory term of local incarceration of sixty consecutive27030
days of imprisonment in accordance with division (G)(1) of section27031
2929.13 of the Revised Code, the court, pursuant to section27032
2929.17 of the Revised Code, may impose upon the offender a27033
sentence that includes a term of electronically monitored house27034
arrest, provided that the term of electronically monitored house27035
arrest shall not commence until after the offender has served the27036
mandatory term of local incarceration.27037

       (ii) If the offender previously has been convicted of or27038
pleaded guilty to a violation of division (A) of section 4511.1927039
of the Revised Code under circumstances in which the violation was27040
a felony, regardless of when the prior violation and the prior27041
conviction or guilty plea occurred, the offender is guilty of a27042
felony of the third degree. The court shall sentence the offender27043
in accordance with sections 2929.11 to 2929.19 of the Revised Code27044
and shall impose as part of the sentence a mandatory prison term27045
of sixty consecutive days of imprisonment in accordance with27046
division (G)(2) of section 2929.13 of the Revised Code.27047

       (iii) In addition to all other sanctions imposed on an27048
offender under division (A)(4)(a)(i) or (ii) of this section, the27049
court shall impose upon the offender, pursuant to section 2929.1827050
of the Revised Code, a fine of not less than eight hundred nor27051
more than ten thousand dollars.27052

       In addition to any other sanction that it imposes upon the27053
offender under division (A)(4)(a)(i) or (ii) of this section, the27054
court shall require the offender to attend an alcohol and drug27055
addiction program authorized by section 3793.02 of the Revised27056
Code. The cost of the treatment shall be paid by the offender. If27057
the court determines that the offender is unable to pay the cost27058
of attendance at the treatment program, the court may order that27059
payment of the cost of the offender's attendance at the treatment27060
program be made from the court's indigent drivers alcohol27061
treatment fund.27062

       Of the fine imposed pursuant to this division, two hundred27063
ten dollars shall be paid to an enforcement and education fund27064
established by the legislative authority of the law enforcement27065
agency in this state that primarily was responsible for the arrest27066
of the offender, as determined by the court that imposes the fine.27067
This share shall be used by the agency to pay only those costs it27068
incurs in enforcing section 4511.19 of the Revised Code or a27069
substantially similar municipal ordinance and in informing the27070
public of the laws governing operation of a motor vehicle while27071
under the influence of alcohol, the dangers of operation of a27072
motor vehicle while under the influence of alcohol, and other27073
information relating to the operation of a motor vehicle and the27074
consumption of alcoholic beverages. Four hundred forty dollars of27075
the fine imposed pursuant to this division shall be paid to the27076
political subdivision that pays the cost of housing the offender27077
during the offender's term of incarceration. This share shall be27078
used by the political subdivision to pay or reimburse27079
incarceration or treatment costs it incurs in housing or providing27080
drug and alcohol treatment to persons who violate section 4511.1927081
of the Revised Code or a substantially similar municipal ordinance27082
and to pay for ignition interlock devices and electronic house27083
arrest equipment for persons who violate that section, and shall27084
be paid to the credit of the fund that pays the cost of27085
incarceration. The balance of the fine shall be disbursed as27086
otherwise provided by law.27087

       (b) Regardless of whether the vehicle the offender was27088
operating at the time of the offense is registered in the27089
offender's name or in the name of another person, the court, in27090
addition to the sanctions imposed under division (A)(4)(a) of this27091
section and all other sanctions provided by law and subject to27092
section 4503.235 of the Revised Code, shall order the criminal27093
forfeiture to the state of the vehicle the offender was operating27094
at the time of the offense. The order of criminal forfeiture27095
shall be issued and enforced in accordance with section 4503.23427096
of the Revised Code.27097

       (c) As used in division (A)(4)(a) of this section,27098
"mandatory prison term" and "mandatory term of local27099
incarceration" have the same meanings as in section 2929.01 of the27100
Revised Code.27101

       If title to a motor vehicle that is subject to an order for27102
criminal forfeiture under this section is assigned or transferred27103
and division (C)(2) or (3) of section 4503.234 of the Revised Code27104
applies, in addition to or independent of any other penalty27105
established by law, the court may fine the offender the value of27106
the vehicle as determined by publications of the national auto27107
dealer's association. The proceeds from any fine imposed under27108
this division shall be distributed in accordance with division27109
(D)(4) of section 4503.234 of the Revised Code.27110

       (5)(a) Except as otherwise provided in division (A)(6), (7),27111
or (8) of this section, the offender is guilty of a misdemeanor of27112
the first degree, and the court shall sentence the offender to one27113
of the following:27114

       (i) A term of imprisonment of at least three consecutive27115
days and a requirement that the offender attend, for three27116
consecutive days, a drivers' intervention program that is27117
certified pursuant to section 3793.10 of the Revised Code;27118

       (ii) If the court determines that the offender is not27119
conducive to treatment in the program, if the offender refuses to27120
attend the program, or if the place of imprisonment can provide a27121
drivers' intervention program, a term of imprisonment of at least27122
six consecutive days.27123

       (b) In addition, the court shall impose upon the offender a27124
fine of not less than two hundred fifty and not more than one27125
thousand dollars.27126

       The court may require the offender, as a condition of27127
probation, to attend and satisfactorily complete any treatment or27128
education programs that comply with the minimum standards adopted27129
pursuant to Chapter 3793. of the Revised Code by the director of27130
alcohol and drug addiction services, in addition to the required27131
attendance at a drivers' intervention program, that the operators27132
of the drivers' intervention program determine that the offender27133
should attend and to report periodically to the court on the27134
offender's progress in the programs. The court also may impose27135
any other conditions of probation on the offender that it27136
considers necessary.27137

       Of the fine imposed pursuant to this division, twenty-five27138
dollars shall be paid to an enforcement and education fund27139
established by the legislative authority of the law enforcement27140
agency in this state that primarily was responsible for the arrest27141
of the offender, as determined by the court that imposes the fine.27142
The agency shall use this share to pay only those costs it incurs27143
in enforcing section 4511.19 of the Revised Code or a27144
substantially similar municipal ordinance and in informing the27145
public of the laws governing the operation of a motor vehicle27146
while under the influence of alcohol, the dangers of operating a27147
motor vehicle while under the influence of alcohol, and other27148
information relating to the operation of a motor vehicle and the27149
consumption of alcoholic beverages. Fifty dollars of the fine27150
imposed pursuant to this division shall be paid to the political27151
subdivision that pays the cost of housing the offender during the27152
offender's term of incarceration to the credit of the fund that27153
pays the cost of the incarceration. The political subdivision27154
shall use this share to pay or reimburse incarceration or27155
treatment costs it incurs in housing or providing drug and alcohol27156
treatment to persons who violate section 4511.19 of the Revised27157
Code or a substantially similar municipal ordinance and to pay for27158
ignition interlock devices and electronic house arrest equipment27159
for persons who violate that section. Twenty-five dollars of the27160
fine imposed pursuant to this division shall be deposited into the27161
county indigent drivers alcohol treatment fund or municipal27162
indigent drivers alcohol treatment fund under the control of that27163
court, as created by the county or municipal corporation pursuant27164
to division (N) of section 4511.191 of the Revised Code. The27165
balance of the fine shall be disbursed as otherwise provided by27166
law.27167

       (6)(a) Except as otherwise provided in division (A)(8) of27168
this section and except as provided in this division, if, within27169
six years of the offense, the offender has been convicted of or27170
pleaded guilty to one violation of division (A) or (B) of section27171
4511.19 of the Revised Code, a municipal ordinance relating to27172
operating a vehicle while under the influence of alcohol, a drug27173
of abuse, or alcohol and a drug of abuse, a municipal ordinance27174
relating to operating a vehicle with a prohibited concentration of27175
alcohol in the blood, breath, or urine, section 2903.04 of the27176
Revised Code in a case in which the offender was subject to the27177
sanctions described in division (D) of that section, section27178
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27179
ordinance that is substantially similar to section 2903.07 of the27180
Revised Code in a case in which the jury or judge found that the27181
offender was under the influence of alcohol, a drug of abuse, or27182
alcohol and a drug of abuse, or a statute of the United States or27183
of any other state or a municipal ordinance of a municipal27184
corporation located in any other state that is substantially27185
similar to division (A) or (B) of section 4511.19 of the Revised27186
Code, the offender is guilty of a misdemeanor of the first degree,27187
and the court shall sentence the offender to a term of27188
imprisonment of twenty consecutive days and may sentence the27189
offender pursuant to section 2929.21 of the Revised Code to a27190
longer term of imprisonment. As an alternative to the term of27191
imprisonment required to be imposed by this division, but subject27192
to division (A)(12) of this section, the court may impose upon the27193
offender a sentence consisting of both a term of imprisonment of27194
ten consecutive days and not less than thirty-six consecutive days27195
of electronically monitored house arrest as defined in division27196
(A) of section 2929.23 of the Revised Code. The ten consecutive27197
days of imprisonment and the period of electronically monitored27198
house arrest shall not exceed six months. The ten consecutive27199
days of imprisonment do not have to be served prior to or27200
consecutively with the period of electronically monitored house27201
arrest.27202

       In addition, the court shall impose upon the offender a fine27203
of not less than three hundred fifty and not more than one27204
thousand five hundred dollars.27205

       In addition to any other sentence that it imposes upon the27206
offender, the court may require the offender to attend a drivers'27207
intervention program that is certified pursuant to section 3793.1027208
of the Revised Code. If the officials of the drivers'27209
intervention program determine that the offender is alcohol27210
dependent, they shall notify the court, and the court shall order27211
the offender to obtain treatment through an alcohol and drug27212
addiction program authorized by section 3793.02 of the Revised27213
Code. The offender shall pay the cost of the treatment.27214

       Of the fine imposed pursuant to this division, thirty-five27215
dollars shall be paid to an enforcement and education fund27216
established by the legislative authority of the law enforcement27217
agency in this state that primarily was responsible for the arrest27218
of the offender, as determined by the court that imposes the fine.27219
The agency shall use this share to pay only those costs it incurs27220
in enforcing section 4511.19 of the Revised Code or a27221
substantially similar municipal ordinance and in informing the27222
public of the laws governing the operation of a motor vehicle27223
while under the influence of alcohol, the dangers of operating a27224
motor vehicle while under the influence of alcohol, and other27225
information relating to the operation of a motor vehicle and the27226
consumption of alcoholic beverages. One hundred fifteen dollars27227
of the fine imposed pursuant to this division shall be paid to the27228
political subdivision that pays the cost of housing the offender27229
during the offender's term of incarceration. The political27230
subdivision shall use this share to pay or reimburse incarceration27231
or treatment costs it incurs in housing or providing drug and27232
alcohol treatment to persons who violate section 4511.19 of the27233
Revised Code or a substantially similar municipal ordinance and to27234
pay for ignition interlock devices and electronic house arrest27235
equipment for persons who violate that section, and this share27236
shall be paid to the credit of the fund that pays the cost of the27237
incarceration. Fifty dollars of the fine imposed pursuant to this27238
division shall be deposited into the county indigent drivers27239
alcohol treatment fund or municipal indigent drivers alcohol27240
treatment fund under the control of that court, as created by the27241
county or municipal corporation pursuant to division (N) of27242
section 4511.191 of the Revised Code. The balance of the fine27243
shall be disbursed as otherwise provided by law.27244

       (b) Regardless of whether the vehicle the offender was27245
operating at the time of the offense is registered in the27246
offender's name or in the name of another person, the court, in27247
addition to the penalties imposed under division (A)(6)(a) of this27248
section and all other penalties provided by law and subject to27249
section 4503.235 of the Revised Code, shall order the27250
immobilization for ninety days of the vehicle the offender was27251
operating at the time of the offense and the impoundment for27252
ninety days of the identification license plates of that vehicle.27253
The order for the immobilization and impoundment shall be issued27254
and enforced in accordance with section 4503.233 of the Revised27255
Code.27256

       (7)(a) Except as otherwise provided in division (A)(8) of27257
this section and except as provided in this division, if, within27258
six years of the offense, the offender has been convicted of or27259
pleaded guilty to two violations of division (A) or (B) of section27260
4511.19 of the Revised Code, a municipal ordinance relating to27261
operating a vehicle while under the influence of alcohol, a drug27262
of abuse, or alcohol and a drug of abuse, a municipal ordinance27263
relating to operating a vehicle with a prohibited concentration of27264
alcohol in the blood, breath, or urine, section 2903.04 of the27265
Revised Code in a case in which the offender was subject to the27266
sanctions described in division (D) of that section, section27267
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal27268
ordinance that is substantially similar to section 2903.07 of the27269
Revised Code in a case in which the jury or judge found that the27270
offender was under the influence of alcohol, a drug of abuse, or27271
alcohol and a drug of abuse, or a statute of the United States or27272
of any other state or a municipal ordinance of a municipal27273
corporation located in any other state that is substantially27274
similar to division (A) or (B) of section 4511.19 of the Revised27275
Code, the court shall sentence the offender to a term of27276
imprisonment of sixty consecutive days and may sentence the27277
offender to a longer definite term of imprisonment of not more27278
than one year. As an alternative to the term of imprisonment27279
required to be imposed by this division, but subject to division27280
(A)(12) of this section, the court may impose upon the offender a27281
sentence consisting of both a term of imprisonment of thirty27282
consecutive days and not less than one hundred ten consecutive27283
days of electronically monitored house arrest as defined in27284
division (A) of section 2929.23 of the Revised Code. The thirty27285
consecutive days of imprisonment and the period of electronically27286
monitored house arrest shall not exceed one year. The thirty27287
consecutive days of imprisonment do not have to be served prior to27288
or consecutively with the period of electronically monitored house27289
arrest.27290

       In addition, the court shall impose upon the offender a fine27291
of not less than five hundred fifty and not more than two thousand27292
five hundred dollars.27293

       In addition to any other sentence that it imposes upon the27294
offender, the court shall require the offender to attend an27295
alcohol and drug addiction program authorized by section 3793.0227296
of the Revised Code. The offender shall pay the cost of the27297
treatment. If the court determines that the offender is unable to27298
pay the cost of attendance at the treatment program, the court may27299
order that payment of the cost of the offender's attendance at the27300
treatment program be made from that court's indigent drivers27301
alcohol treatment fund.27302

       Of the fine imposed pursuant to this division, one hundred27303
twenty-three dollars shall be paid to an enforcement and education27304
fund established by the legislative authority of the law27305
enforcement agency in this state that primarily was responsible27306
for the arrest of the offender, as determined by the court that27307
imposes the fine. The agency shall use this share to pay only27308
those costs it incurs in enforcing section 4511.19 of the Revised27309
Code or a substantially similar municipal ordinance and in27310
informing the public of the laws governing the operation of a27311
motor vehicle while under the influence of alcohol, the dangers of27312
operating a motor vehicle while under the influence of alcohol,27313
and other information relating to the operation of a motor vehicle27314
and the consumption of alcoholic beverages. Two hundred27315
seventy-seven dollars of the fine imposed pursuant to this27316
division shall be paid to the political subdivision that pays the27317
cost of housing the offender during the offender's term of27318
incarceration. The political subdivision shall use this share to27319
pay or reimburse incarceration or treatment costs it incurs in27320
housing or providing drug and alcohol treatment to persons who27321
violate section 4511.19 of the Revised Code or a substantially27322
similar municipal ordinance and to pay for ignition interlock27323
devices and electronic house arrest equipment for persons who27324
violate that section, and this share shall be paid to the credit27325
of the fund that pays the cost of incarceration. The balance of27326
the fine shall be disbursed as otherwise provided by law.27327

       (b) Regardless of whether the vehicle the offender was27328
operating at the time of the offense is registered in the27329
offender's name or in the name of another person, the court, in27330
addition to the penalties imposed under division (A)(7)(a) of this27331
section and all other penalties provided by law and subject to27332
section 4503.235 of the Revised Code, shall order the27333
immobilization for one hundred eighty days of the vehicle the27334
offender was operating at the time of the offense and the27335
impoundment for one hundred eighty days of the identification27336
license plates of that vehicle. The order for the immobilization27337
and impoundment shall be issued and enforced in accordance with27338
section 4503.233 of the Revised Code.27339

       (8)(a)(i) If, within six years of the offense, the offender27340
has been convicted of or pleaded guilty to three or more27341
violations of division (A) or (B) of section 4511.19 of the27342
Revised Code, a municipal ordinance relating to operating a27343
vehicle while under the influence of alcohol, a drug of abuse, or27344
alcohol and a drug of abuse, a municipal ordinance relating to27345
operating a vehicle with a prohibited concentration of alcohol in27346
the blood, breath, or urine, section 2903.04 of the Revised Code27347
in a case in which the offender was subject to the sanctions27348
described in division (D) of that section, section 2903.06,27349
2903.07, or 2903.08 of the Revised Code or a municipal ordinance27350
that is substantially similar to section 2903.07 of the Revised27351
Code in a case in which the jury or judge found that the offender27352
was under the influence of alcohol, a drug of abuse, or alcohol27353
and a drug of abuse, or a statute of the United States or of any27354
other state or a municipal ordinance of a municipal corporation27355
located in any other state that is substantially similar to27356
division (A) or (B) of section 4511.19 of the Revised Code, and if27357
sentence is not required to be imposed under division27358
(A)(8)(a)(ii) of this section, the offender is guilty of a felony27359
of the fourth degree and, notwithstanding division (A)(4) of27360
section 2929.14 of the Revised Code, may be sentenced to a27361
definite prison term that shall be not less than six months and27362
not more than thirty months. The court shall sentence the27363
offender in accordance with sections 2929.11 to 2929.19 of the27364
Revised Code and shall impose as part of the sentence either a27365
mandatory term of local incarceration of one hundred twenty27366
consecutive days of imprisonment in accordance with division27367
(G)(1) of section 2929.13 of the Revised Code or a mandatory27368
prison term of one hundred twenty consecutive days of imprisonment27369
in accordance with division (G)(2) of that section. If the court27370
requires the offender to serve a mandatory term of local27371
incarceration of one hundred twenty consecutive days of27372
imprisonment in accordance with division (G)(1) of section 2929.1327373
of the Revised Code, the court, pursuant to section 2929.17 of the27374
Revised Code, may impose upon the offender a sentence that27375
includes a term of electronically monitored house arrest, provided27376
that the term of electronically monitored house arrest shall not27377
commence until after the offender has served the mandatory term of27378
local incarceration.27379

       (ii) If the offender previously has been convicted of or27380
pleaded guilty to a violation of division (A) of section 4511.1927381
of the Revised Code under circumstances in which the violation was27382
a felony, regardless of when the prior violation and the prior27383
conviction or guilty plea occurred, the offender is guilty of a27384
felony of the third degree. The court shall sentence the offender27385
in accordance with sections 2929.11 to 2929.19 of the Revised Code27386
and shall impose as part of the sentence a mandatory prison term27387
of one hundred twenty consecutive days of imprisonment in27388
accordance with division (G)(2) of section 2929.13 of the Revised27389
Code.27390

       (iii) In addition to all other sanctions imposed on an27391
offender under division (A)(8)(a)(i) or (ii) of this section, the27392
court shall impose upon the offender, pursuant to section 2929.1827393
of the Revised Code, a fine of not less than eight hundred nor27394
more than ten thousand dollars.27395

       In addition to any other sanction that it imposes upon the27396
offender under division (A)(8)(a)(i) or (ii) of this section, the27397
court shall require the offender to attend an alcohol and drug27398
addiction program authorized by section 3793.02 of the Revised27399
Code. The cost of the treatment shall be paid by the offender. If27400
the court determines that the offender is unable to pay the cost27401
of attendance at the treatment program, the court may order that27402
payment of the cost of the offender's attendance at the treatment27403
program be made from the court's indigent drivers alcohol27404
treatment fund.27405

       Of the fine imposed pursuant to this division, two hundred27406
ten dollars shall be paid to an enforcement and education fund27407
established by the legislative authority of the law enforcement27408
agency in this state that primarily was responsible for the arrest27409
of the offender, as determined by the court that imposes the fine.27410
The agency shall use this share to pay only those costs it incurs27411
in enforcing section 4511.19 of the Revised Code or a27412
substantially similar municipal ordinance and in informing the27413
public of the laws governing operation of a motor vehicle while27414
under the influence of alcohol, the dangers of operation of a27415
motor vehicle while under the influence of alcohol, and other27416
information relating to the operation of a motor vehicle and the27417
consumption of alcoholic beverages. Four hundred forty dollars of27418
the fine imposed pursuant to this division shall be paid to the27419
political subdivision that pays the cost of housing the offender27420
during the offender's term of incarceration. The political27421
subdivision shall use this share to pay or reimburse incarceration27422
or treatment costs it incurs in housing or providing drug and27423
alcohol treatment to persons who violate section 4511.19 of the27424
Revised Code or a substantially similar municipal ordinance and to27425
pay for ignition interlock devices and electronic house arrest27426
equipment for persons who violate that section, and this share27427
shall be paid to the credit of the fund that pays the cost of27428
incarceration. The balance of the fine shall be disbursed as27429
otherwise provided by law.27430

       (b) Regardless of whether the vehicle the offender was27431
operating at the time of the offense is registered in the27432
offender's name or in the name of another person, the court, in27433
addition to the sanctions imposed under division (A)(8)(a) of this27434
section and all other sanctions provided by law and subject to27435
section 4503.235 of the Revised Code, shall order the criminal27436
forfeiture to the state of the vehicle the offender was operating27437
at the time of the offense. The order of criminal forfeiture27438
shall be issued and enforced in accordance with section 4503.23427439
of the Revised Code.27440

       (c) As used in division (A)(8)(a) of this section,27441
"mandatory prison term" and "mandatory term of local27442
incarceration" have the same meanings as in section 2929.01 of the27443
Revised Code.27444

       (d) If title to a motor vehicle that is subject to an order27445
for criminal forfeiture under this section is assigned or27446
transferred and division (C)(2) or (3) of section 4503.234 of the27447
Revised Code applies, in addition to or independent of any other27448
penalty established by law, the court may fine the offender the27449
value of the vehicle as determined by publications of the national27450
auto dealer's association. The proceeds from any fine imposed27451
under this division shall be distributed in accordance with27452
division (D)(4) of section 4503.234 of the Revised Code.27453

       (9)(a) Except as provided in division (A)(9)(b) of this27454
section, upon a showing that imprisonment would seriously affect27455
the ability of an offender sentenced pursuant to division (A)(1),27456
(2), (3), (4), (5), (6), (7), or (8) of this section to continue27457
the offender's employment, the court may authorize that the27458
offender be granted work release from imprisonment after the27459
offender has served the three, six, ten, twenty, thirty, or sixty27460
consecutive days of imprisonment or the mandatory term of local27461
incarceration of sixty or one hundred twenty consecutive days that27462
the court is required by division (A)(1), (2), (3), (4), (5), (6),27463
(7), or (8) of this section to impose. No court shall authorize27464
work release from imprisonment during the three, six, ten, twenty,27465
thirty, or sixty consecutive days of imprisonment or the mandatory27466
term of local incarceration or mandatory prison term of sixty or27467
one hundred twenty consecutive days that the court is required by27468
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this27469
section to impose. The duration of the work release shall not27470
exceed the time necessary each day for the offender to commute to27471
and from the place of employment and the place of imprisonment and27472
the time actually spent under employment.27473

       (b) An offender who is sentenced pursuant to division27474
(A)(2), (3), (6), or (7) of this section to a term of imprisonment27475
followed by a period of electronically monitored house arrest is27476
not eligible for work release from imprisonment, but that person27477
shall be permitted work release during the period of27478
electronically monitored house arrest. The duration of the work27479
release shall not exceed the time necessary each day for the27480
offender to commute to and from the place of employment and the27481
offender's home or other place specified by the sentencing court27482
and the time actually spent under employment.27483

       (10) Notwithstanding any section of the Revised Code that27484
authorizes the suspension of the imposition or execution of a27485
sentence, the placement of an offender in any treatment program in27486
lieu of imprisonment, or the use of a community control sanction27487
for an offender convicted of a felony, no court shall suspend the27488
ten, twenty, thirty, or sixty consecutive days of imprisonment27489
required to be imposed on an offender by division (A)(2), (3),27490
(6), or (7) of this section, no court shall place an offender who27491
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or27492
(8) of this section in any treatment program in lieu of27493
imprisonment until after the offender has served the ten, twenty,27494
thirty, or sixty consecutive days of imprisonment or the mandatory27495
term of local incarceration or mandatory prison term of sixty or27496
one hundred twenty consecutive days required to be imposed27497
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this27498
section, no court that sentences an offender under division (A)(4)27499
or (8) of this section shall impose any sanction other than a27500
mandatory term of local incarceration or mandatory prison term to27501
apply to the offender until after the offender has served the27502
mandatory term of local incarceration or mandatory prison term of27503
sixty or one hundred twenty consecutive days required to be27504
imposed pursuant to division (A)(4) or (8) of this section, and no27505
court that imposes a sentence of imprisonment and a period of27506
electronically monitored house arrest upon an offender under27507
division (A)(2), (3), (6), or (7) of this section shall suspend27508
any portion of the sentence or place the offender in any treatment27509
program in lieu of imprisonment or electronically monitored house27510
arrest. Notwithstanding any section of the Revised Code that27511
authorizes the suspension of the imposition or execution of a27512
sentence or the placement of an offender in any treatment program27513
in lieu of imprisonment, no court, except as specifically27514
authorized by division (A)(1) or (5) of this section, shall27515
suspend the three or more consecutive days of imprisonment27516
required to be imposed by division (A)(1) or (5) of this section27517
or place an offender who is sentenced pursuant to division (A)(1)27518
or (5) of this section in any treatment program in lieu of27519
imprisonment until after the offender has served the three or more27520
consecutive days of imprisonment required to be imposed pursuant27521
to division (A)(1) or (5) of this section.27522

       (11) No court shall sentence an offender to an alcohol27523
treatment program pursuant to division (A)(1), (2), (3), (4), (5),27524
(6), (7), or (8) of this section unless the treatment program27525
complies with the minimum standards adopted pursuant to Chapter27526
3793. of the Revised Code by the director of alcohol and drug27527
addiction services.27528

       (12) No court shall impose the alternative sentence of a27529
term of imprisonment plus a term of electronically monitored house27530
arrest permitted to be imposed by division (A)(2), (3), (6), or27531
(7) of this section, unless within sixty days of the date of27532
sentencing, the court issues a written finding, entered into the27533
record, that due to the unavailability of space at the27534
incarceration facility where the offender is required to serve the27535
term of imprisonment imposed upon the offender, the offender will27536
not be able to commence serving the term of imprisonment within27537
the sixty-day period following the date of sentencing. If the27538
court issues such a written finding, the court may impose the27539
alternative sentence comprised of a term of imprisonment and a27540
term of electronically monitored house arrest permitted to be27541
imposed by division (A)(2), (3), (6), or (7) of this section.27542

       (B) Whoever violates section 4511.192, 4511.251, or 4511.8527543
of the Revised Code is guilty of a misdemeanor of the first27544
degree. The court, in addition to or independent of all other27545
penalties provided by law, may suspend for a period not to exceed27546
one year the driver's or commercial driver's license or permit or27547
nonresident operating privilege of any person who pleads guilty to27548
or is convicted of a violation of section 4511.192 of the Revised27549
Code.27550

       (C) Whoever violates section 4511.63, 4511.76, 4511.761,27551
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is27552
guilty of one of the following:27553

       (1) Except as otherwise provided in division (C)(2) of this27554
section, a minor misdemeanor.27555

       (2) If the offender previously has been convicted of or27556
pleaded guilty to one or more violations of section 4511.63,27557
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the27558
Revised Code or a municipal ordinance that is substantially27559
similar to any of those sections, a misdemeanor of the fourth27560
degree.27561

       (D)(1) Whoever violates any provision of sections 4511.01 to27562
4511.76 or section 4511.84 of the Revised Code, for which no27563
penalty otherwise is provided in thisthe section violated is27564
guilty of one of the following:27565

       (a)(A) Except as otherwise provided in division (D)(1)(b),27566
(1)(c), (2), (3),(B) or (4)(C) of this section, a minor27567
misdemeanor;27568

       (b)(B) If, within one year of the offense, the offender27569
previously has been convicted of or pleaded guilty to one27570
violation of any provision of sections 4511.01 to 4511.76 or27571
section 4511.84 of the Revised Code for which no penalty otherwise27572
is provided in this section or a municipal ordinance that is27573
substantially similar to any provision of sections 4511.01 to27574
4511.76 or section 4511.84 of the Revised Code for which no27575
penalty otherwise is provided in this sectionpredicate motor27576
vehicle or traffic offense, a misdemeanor of the fourth degree;27577

       (c)(C) If, within one year of the offense, the offender27578
previously has been convicted of or pleaded guilty to two or more27579
violations of any provision described in division (D)(1)(b) of27580
this section or any municipal ordinance that is substantially27581
similar to any of those provisionspredicate motor vehicle or27582
traffic offenses, a misdemeanor of the third degree.27583

       (2) When any person is found guilty of a first offense for a27584
violation of section 4511.21 of the Revised Code upon a finding27585
that the person operated a motor vehicle faster than thirty-five27586
miles an hour in a business district of a municipal corporation,27587
or faster than fifty miles an hour in other portions, or faster27588
than thirty-five miles an hour while passing through a school zone27589
during recess or while children are going to or leaving school27590
during the opening or closing hours, the person is guilty of a27591
misdemeanor of the fourth degree.27592

       (3) Notwithstanding section 2929.21 of the Revised Code,27593
upon a finding that such person operated a motor vehicle in a27594
construction zone where a sign was then posted in accordance with27595
section 4511.98 of the Revised Code, the court, in addition to all27596
other penalties provided by law, shall impose a fine of two times27597
the usual amount imposed for the violation. No court shall impose27598
a fine of two times the usual amount imposed for the violation27599
upon an offender who alleges, in an affidavit filed with the court27600
prior to the offender's sentencing, that the offender is indigent27601
and is unable to pay the fine imposed pursuant to this division,27602
provided the court determines the offender is an indigent person27603
and is unable to pay the fine.27604

       (4) Notwithstanding section 2929.21 of the Revised Code,27605
upon a finding that a person operated a motor vehicle in violation27606
of division (C) of section 4511.213 of the Revised Code, the27607
court, in addition to all other penalties provided by law, shall27608
impose a fine of two times the usual amount imposed for the27609
violation.27610

       (E) Whenever a person is found guilty in a court of record27611
of a violation of section 4511.761, 4511.762, or 4511.77 of the27612
Revised Code, the trial judge, in addition to or independent of27613
all other penalties provided by law, may suspend for any period of27614
time not exceeding three years, or revoke the license of any27615
person, partnership, association, or corporation, issued under27616
section 4511.763 of the Revised Code.27617

       (F) Whoever violates division (E) or (F) of section 4511.51,27618
division (A), (D), or (E) of section 4511.521, section 4511.681,27619
division (A) or (C) of section 4511.69, section 4511.772, or27620
division (A) or (B) of section 4511.82 of the Revised Code is27621
guilty of a minor misdemeanor.27622

       (G) Whoever violates division (A) of section 4511.75 of the27623
Revised Code may be fined an amount not to exceed five hundred27624
dollars. A person who is issued a citation for a violation of27625
division (A) of section 4511.75 of the Revised Code is not27626
permitted to enter a written plea of guilty and waive the person's27627
right to contest the citation in a trial, but instead must appear27628
in person in the proper court to answer the charge.27629

       (H)(1) Whoever is a resident of this state and violates27630
division (A) or (B) of section 4511.81 of the Revised Code shall27631
be punished as follows:27632

       (a) Except as otherwise provided in division (H)(1)(b) of27633
this section, the offender is guilty of a minor misdemeanor.27634

       (b) If the offender previously has been convicted of or27635
pleaded guilty to a violation of division (A) or (B) of section27636
4511.81 of the Revised Code or of a municipal ordinance that is27637
substantially similar to either of those divisions, the offender27638
is guilty of a misdemeanor of the fourth degree.27639

       (2) Whoever is not a resident of this state, violates27640
division (A) or (B) of section 4511.81 of the Revised Code, and27641
fails to prove by a preponderance of the evidence that the27642
offender's use or nonuse of a child restraint system was in27643
accordance with the law of the state of which the offender is a27644
resident is guilty of a minor misdemeanor on a first offense; on a27645
second or subsequent offense, that person is guilty of a27646
misdemeanor of the fourth degree.27647

       (3) All fines imposed pursuant to division (H)(1) or (2) of27648
this section shall be forwarded to the treasurer of state for27649
deposit in the "child highway safety fund" created by division (G)27650
of section 4511.81 of the Revised Code.27651

       (I) Whoever violates section 4511.202 of the Revised Code is27652
guilty of operating a motor vehicle without being in control of27653
it, a minor misdemeanor.27654

       (J) Whoever violates division (B) of section 4511.74,27655
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of27656
section 4511.83 of the Revised Code is guilty of a misdemeanor of27657
the first degree.27658

       (K) Except as otherwise provided in this division, whoever27659
violates division (E) of section 4511.11, division (A) or (C) of27660
section 4511.17, or section 4511.18 of the Revised Code is guilty27661
of a misdemeanor of the third degree. If a violation of division27662
(A) or (C) of section 4511.17 of the Revised Code creates a risk27663
of physical harm to any person, the offender is guilty of a27664
misdemeanor of the first degree. A violation of division (A) or27665
(C) of section 4511.17 of the Revised Code that causes serious27666
physical harm to property that is owned, leased, or controlled by27667
a state or local authority is a felony of the fifth degree.27668

       (L) Whoever violates division (H) of section 4511.69 of the27669
Revised Code shall be punished as follows:27670

       (1) Except as otherwise provided in division (L)(2) of this27671
section, the offender shall be issued a warning.27672

       (2) If the offender previously has been convicted of or27673
pleaded guilty to a violation of division (H) of section 4511.6927674
of the Revised Code or of a municipal ordinance that is27675
substantially similar to that division, the offender shall not be27676
issued a warning but shall be fined twenty-five dollars for each27677
parking location that is not properly marked or whose markings are27678
not properly maintained.27679

       (M) Whoever violates division (A)(1) or (2) of section27680
4511.45 of the Revised Code is guilty of a misdemeanor of the27681
fourth degree on a first offense; on a second offense within one27682
year after the first offense, the person is guilty of a27683
misdemeanor of the third degree; and on each subsequent offense27684
within one year after the first offense, the person is guilty of a27685
misdemeanor of the second degree.27686

       (N)(1) Whoever violates division (B) of section 4511.19 of27687
the Revised Code is guilty of operating a motor vehicle after27688
under-age alcohol consumption and shall be punished as follows:27689

       (a) Except as otherwise provided in division (N)(1)(b) of27690
this section, the offender is guilty of a misdemeanor of the27691
fourth degree.27692

       (b) The offender is guilty of a misdemeanor of the third27693
degree if, within one year of the offense, the offender has been27694
convicted of or pleaded guilty to any violation of the following:27695

       (i) Division (A) or (B) of section 4511.19 of the Revised27696
Code;27697

       (ii) A municipal ordinance relating to operating a vehicle27698
while under the influence of alcohol, a drug of abuse, or alcohol27699
and a drug of abuse;27700

       (iii) A municipal ordinance relating to operating a vehicle27701
with a prohibited concentration of alcohol in the blood, breath,27702
or urine;27703

       (iv) Section 2903.04 of the Revised Code in a case in which27704
the offender was subject to the sanctions described in division27705
(D) of that section;27706

       (v) Division (A)(1) of section 2903.06 or division (A)(1) of27707
section 2903.08 of the Revised Code or a municipal ordinance that27708
is substantially similar to either of those divisions;27709

       (vi) Division (A)(2), (3), or (4) of section 2903.06 or27710
division (A)(2) of section 2903.08 of the Revised Code or a27711
municipal ordinance that is substantially similar to any of those27712
divisions, or former section 2903.07 of the Revised Code or a27713
substantially similar municipal ordinance, in a case in which the27714
jury or judge found that the offender was under the influence of27715
alcohol, a drug of abuse, or alcohol and a drug of abuse;27716

       (vii) A statute of the United States or of any other state27717
or a municipal ordinance of a municipal corporation located in any27718
other state that is substantially similar to division (A) or (B)27719
of section 4511.19 of the Revised Code.27720

       (2) In addition to or independent of all other penalties27721
provided by law, the offender's driver's or commercial driver's27722
license or permit or nonresident operating privilege shall be27723
suspended in accordance with, and for the period of time specified27724
in, division (E) of section 4507.16 of the Revised Code.27725

       (O) Whoever violates section 4511.62 of the Revised Code is27726
guilty of a misdemeanor of the fourth degree.27727

       (P) Whoever violates division (F)(1)(a) or (b) of section27728
4511.69 of the Revised Code is guilty of a misdemeanor and shall27729
be fined not less than two hundred fifty nor more than five27730
hundred dollars, but in no case shall an offender be sentenced to27731
any term of imprisonment.27732

       Arrest or conviction for a violation of division (F)(1)(a) or27733
(b) of section 4511.69 of the Revised Code does not constitute a27734
criminal record and need not be reported by the person so arrested27735
or convicted in response to any inquiries contained in any27736
application for employment, license, or other right or privilege,27737
or made in connection with the person's appearance as a witness.27738

       Every fine collected under this division shall be paid by the27739
clerk of the court to the political subdivision in which the27740
violation occurred. Except as provided in this division, the27741
political subdivision shall use the fine moneys it receives under27742
this division to pay the expenses it incurs in complying with the27743
signage and notice requirements contained in division (E) of27744
section 4511.69 of the Revised Code. The political subdivision27745
may use up to fifty per cent of each fine it receives under this27746
division to pay the costs of educational, advocacy, support, and27747
assistive technology programs for persons with disabilities, and27748
for public improvements within the political subdivision that27749
benefit or assist persons with disabilities, if governmental27750
agencies or nonprofit organizations offer the programs.27751

       Sec. 4513.02.  (A) No person shall drive or move, or cause27752
or knowingly permit to be driven or moved, on any highway any27753
vehicle or combination of vehicles which is in such unsafe27754
condition as to endanger any person.27755

       (B) When directed by any state highway patrol trooper, the27756
operator of any motor vehicle shall stop and submit such motor27757
vehicle to an inspection under division (B)(1) or (2) of this27758
section, as appropriate, and such tests as are necessary.27759

       (1) Any motor vehicle not subject to inspection by the27760
public utilities commission shall be inspected and tested to27761
determine whether it is unsafe or not equipped as required by law,27762
or that its equipment is not in proper adjustment or repair, or in27763
violation of the equipment provisions of Chapter 4513. of the27764
Revised Code.27765

       Such inspection shall be made with respect to the brakes,27766
lights, turn signals, steering, horns and warning devices, glass,27767
mirrors, exhaust system, windshield wipers, tires, and such other27768
items of equipment as designated by the superintendent of the27769
state highway patrol by rule or regulation adopted pursuant to27770
sections 119.01 to 119.13 of the Revised Code.27771

       Upon determining that a motor vehicle is in safe operating27772
condition and its equipment in conformity with Chapter 4513. of27773
the Revised Code, the inspecting officer shall issue to the27774
operator an official inspection sticker, which shall be in such27775
form as the superintendent prescribes except that its color shall27776
vary from year to year.27777

       (2) Any motor vehicle subject to inspection by the public27778
utilities commission shall be inspected and tested in accordance27779
with rules adopted by the commission. Upon determining that the27780
vehicle and operator are in compliance with rules adopted by the27781
commission, the inspecting officer shall issue to the operator an27782
appropriate official inspection sticker.27783

       (C) The superintendent of the state highway patrol, pursuant27784
to sections 119.01 to 119.13 of the Revised Code, shall determine27785
and promulgate standards for any inspection program conducted by a27786
political subdivision of this state. These standards shall exempt27787
licensed collector's vehicles and historical motor vehicles from27788
inspection. Any motor vehicle bearing a valid certificate of27789
inspection issued by another state or a political subdivision of27790
this state whose inspection program conforms to the27791
superintendent's standards, and any licensed collector's vehicle27792
or historical motor vehicle which is not in a condition which27793
endangers the safety of persons or property, shall be exempt from27794
the tests provided in division (B) of this section.27795

       (D) Every person, firm, association, or corporation that, in27796
the conduct of its business, owns and operates not less than27797
fifteen motor vehicles in this state that are not subject to27798
regulation by the public utilities commission and that, for the27799
purpose of storing, repairing, maintaining, and servicing such27800
motor vehicles, equips and operates one or more service27801
departments within this state, may file with the superintendent of27802
the state highway patrol applications for permits for such service27803
departments as official inspection stations for its own motor27804
vehicles. Upon receiving an application for each such service27805
department, and after determining that it is properly equipped and27806
has competent personnel to perform the inspections referred to in27807
this section, the superintendent shall issue the necessary27808
inspection stickers and permit to operate as an official27809
inspection station. Any such person who has had one or more27810
service departments so designated as official inspection stations27811
may have motor vehicles that are owned and operated by the person27812
and that are not subject to regulation by the public utilities27813
commission, excepting private passenger cars owned by the person27814
or the person's employees, inspected at such service department;27815
and any motor vehicle bearing a valid certificate of inspection27816
issued by such service department shall be exempt from the tests27817
provided in division (B) of this section.27818

       No permit for an official inspection station shall be27819
assigned or transferred or used at any location other than therein27820
designated, and every such permit shall be posted in a conspicuous27821
place at the location designated.27822

       If a person, firm, association, or corporation owns and27823
operates fifteen or more motor vehicles in the conduct of business27824
and is subject to regulation by the public utilities commission,27825
that person, firm, association, or corporation is not eligible to27826
apply to the superintendent for permits to enable any of its27827
service departments to serve as official inspection stations for27828
its own motor vehicles.27829

       (E) When any motor vehicle is found to be unsafe for27830
operation, the inspecting officer may order it removed from the27831
highway and not operated, except for purposes of removal and27832
repair, until it has been repaired pursuant to a repair order as27833
provided in division (F) of this section.27834

       (F) When any motor vehicle is found to be defective or in27835
violation of Chapter 4513. of the Revised Code, the inspecting27836
officer may issue a repair order, in such form and containing such27837
information as the superintendent shall prescribe, to the owner or27838
operator of the motor vehicle. The owner or operator shall27839
thereupon obtain such repairs as are required and shall, as27840
directed by the inspecting officer, return the repair order27841
together with proof of compliance with its provisions. When any27842
motor vehicle or operator subject to rules of the public utilities27843
commission fails the inspection, the inspecting officer shall27844
issue an appropriate order to obtain compliance with such rules.27845

       (G) Sections 4513.01 to 4513.37 of the Revised Code, with27846
respect to equipment on vehicles, do not apply to implements of27847
husbandry, road machinery, road rollers, or agricultural tractors27848
except as made applicable to such articles of machinery.27849

       (H)Except as otherwise provided in this division, whoever27850
violates this section is guilty of a minor misdemeanor. If the27851
offender previously has been convicted of a violation of this27852
section, whoever violates this section is guilty of a misdemeanor27853
of the third degree.27854

       Sec. 4513.021.  (A) As used in this section:27855

       (1) "Passenger car" means any motor vehicle with motive27856
power, designed for carrying ten persons or less, except a27857
multipurpose passenger vehicle or motorcycle.27858

       (2) "Multipurpose passenger vehicle" means a motor vehicle27859
with motive power, except a motorcycle, designed to carry ten27860
persons or less, that is constructed either on a truck chassis or27861
with special features for occasional off-road operation.27862

       (3) "Truck" means every motor vehicle, except trailers and27863
semitrailers, designed and used to carry property and having a27864
gross vehicle weight rating of ten thousand pounds or less.27865

       (4) "Manufacturer" has the same meaning as in section27866
4501.01 of the Revised Code.27867

       (5) "Gross vehicle weight rating" means the manufacturer's27868
gross vehicle weight rating established for that vehicle.27869

       (B) The director of public safety, in accordance with27870
Chapter 119. of the Revised Code, shall adopt rules in conformance27871
with standards of the vehicle equipment safety commission, that27872
shall govern the maximum bumper height or, in the absence of27873
bumpers and in cases where bumper heights have been lowered or27874
modified, the maximum height to the bottom of the frame rail, of27875
any passenger car, multipurpose passenger vehicle, or truck.27876

       (C) No person shall operate upon a street or highway any27877
passenger car, multipurpose passenger vehicle, or truck registered27878
in this state that does not conform to the requirements of this27879
section or to any applicable rule adopted pursuant to this27880
section.27881

       (D) No person shall modify any motor vehicle registered in27882
this state in such a manner as to cause the vehicle body or27883
chassis to come in contact with the ground, expose the fuel tank27884
to damage from collision, or cause the wheels to come in contact27885
with the body under normal operation, and no person shall27886
disconnect any part of the original suspension system of the27887
vehicle to defeat the safe operation of that system.27888

       (E) Nothing contained in this section or in the rules27889
adopted pursuant to this section shall be construed to prohibit27890
either of the following:27891

       (1) The installation upon a passenger car, multipurpose27892
passenger vehicle, or truck registered in this state of heavy duty27893
equipment, including shock absorbers and overload springs;27894

       (2) The operation on a street or highway of a passenger car,27895
multipurpose passenger vehicle, or truck registered in this state27896
with normal wear to the suspension system if the normal wear does27897
not adversely affect the control of the vehicle.27898

       (F) This section and the rules adopted pursuant to it do not27899
apply to any specially designed or modified passenger car,27900
multipurpose passenger vehicle, or truck when operated off a27901
street or highway in races and similar events.27902

       (G)Except as otherwise provided in this division, whoever27903
violates this section is guilty of a minor misdemeanor. If the27904
offender previously has been convicted of a violation of this27905
section, whoever violates this section is guilty of a misdemeanor27906
of the third degree.27907

       Sec. 4513.022.  (A) As part of the motor vehicle inspection27908
conducted pursuant to section 4513.02 of the Revised Code, the27909
state highway patrol trooper shall request that the owner or27910
operator of the motor vehicle produce proof that the owner27911
maintains or has maintained on the owner's behalf, proof of27912
financial responsibility as required by section 4509.101 of the27913
Revised Code.27914

       (B) A state highway patrol trooper shall indicate on every27915
traffic ticket issued pursuant to a motor vehicle inspection27916
whether the person receiving the traffic ticket produced proof of27917
the maintenance of financial responsibility in response to the27918
state highway patrol trooper's request. The state highway patrol27919
trooper shall inform every person who receives a traffic ticket27920
and who has failed to produce proof of the maintenance of27921
financial responsibility at the time of the motor vehicle27922
inspection that the person must submit proof to the traffic27923
violations bureau with any payment of a fine and costs for the27924
ticketed violation or, if the person is to appear in court for the27925
violation, the person must submit proof to the court.27926

       (C)(1) If a person who has failed to produce proof of the27927
maintenance of financial responsibility appears in court for a27928
ticketed violation, the court may permit the defendant to present27929
evidence of proof of financial responsibility to the court at such27930
time and in such manner as the court determines to be necessary or27931
appropriate. The clerk of courts shall provide the registrar with27932
the identity of any person who fails to submit proof of the27933
maintenance of financial responsibility pursuant to division (B)27934
of this section.27935

       (2) If a person who has failed to present proof of the27936
maintenance of financial responsibility also fails to submit that27937
proof to the traffic violations bureau, the traffic violations27938
bureau shall notify the registrar of the identity of that person.27939

       (3) Upon receiving notice from a clerk of courts or a27940
traffic violation bureau pursuant to division (C) of this section,27941
the registrar shall proceed against these persons under division27942
(D) of section 4509.101 of the Revised Code in the same manner as27943
the registrar proceeds against persons identified by the clerk of27944
courts under division (D)(4) of section 4509.101 of the Revised27945
Code.27946

       (D) A state highway patrol trooper may charge an owner or27947
operator of a motor vehicle with a violation if division (B)(1) of27948
section 4507.024510.16 of the Revised Code when the operator27949
fails to produce proof of the maintenance of financial27950
responsibility upon the state highway patrol trooper's request27951
under division (A) of this section, if a check of the owner or27952
operator's driving record indicates that the owner or operator,27953
at the time of the motor vehicle inspection, is required to file27954
and maintain proof of financial responsibility under section27955
4509.45 of the Revised Code for a previous violation of Chapter27956
4509. of the Revised Code.27957

       Sec. 4513.03. (A) Every vehicle upon a street or highway27958
within this state during the time from sunset to sunrise, and at27959
any other time when there are unfavorable atmospheric conditions27960
or when there is not sufficient natural light to render27961
discernible persons, vehicles, and substantial objects on the27962
highway at a distance of one thousand feet ahead, shall display27963
lighted lights and illuminating devices as required by sections27964
4513.04 to 4513.37 of the Revised Code, for different classes of27965
vehicles; except that every motorized bicycle shall display at27966
such times lighted lights meeting the rules adopted by the27967
director of public safety under section 4511.521 of the Revised27968
Code. No motor vehicle, during such times, shall be operated upon27969
a street or highway within this state using only parking lights as27970
illumination.27971

       Whenever in such sections a requirement is declared as to the27972
distance from which certain lamps and devices shall render objects27973
visible, or within which such lamps or devices shall be visible,27974
such distance shall be measured upon a straight level unlighted27975
highway under normal atmospheric conditions unless a different27976
condition is expressly stated.27977

       Whenever in such sections a requirement is declared as to the27978
mounted height of lights or devices, it shall mean from the center27979
of such light or device to the level ground upon which the vehicle27980
stands.27981

       (B) Whoever violates this section shall be punished as27982
provided in section 4513.99 of the Revised Code.27983

       Sec. 4513.04. (A) Every motor vehicle, other than a27984
motorcycle, and every trackless trolley shall be equipped with at27985
least two headlights with at least one near each side of the front27986
of the motor vehicle or trackless trolley.27987

       Every motorcycle shall be equipped with at least one and not27988
more than two headlights.27989

       (B)Whoever violates this section shall be punished as27990
provided in section 4513.99 of the Revised Code.27991

       Sec. 4513.05. (A) Every motor vehicle, trackless trolley,27992
trailer, semitrailer, pole trailer, or vehicle which is being27993
drawn at the end of a train of vehicles shall be equipped with at27994
least one tail light mounted on the rear which, when lighted,27995
shall emit a red light visible from a distance of five hundred27996
feet to the rear, provided that in the case of a train of vehicles27997
only the tail light on the rearmost vehicle need be visible from27998
the distance specified.27999

       Either a tail light or a separate light shall be so28000
constructed and placed as to illuminate with a white light the28001
rear registration plate, when such registration plate is required,28002
and render it legible from a distance of fifty feet to the rear.28003
Any tail light, together with any separate light for illuminating28004
the rear registration plate, shall be so wired as to be lighted28005
whenever the headlights or auxiliary driving lights are lighted,28006
except where separate lighting systems are provided for trailers28007
for the purpose of illuminating such registration plate.28008

       (B)Whoever violates this section shall be punished as28009
provided in section 4513.99 of the Revised Code.28010

       Sec. 4513.06. (A) Every new motor vehicle sold after28011
September 6, 1941, and operated on a highway, other than a28012
commercial tractor, to which a trailer or semitrailer is attached28013
shall carry at the rear, either as a part of the tail lamps or28014
separately, two red reflectors meeting the requirements of this28015
section, except that vehicles of the type mentioned in section28016
4513.07 of the Revised Code shall be equipped with reflectors as28017
required by the regulations provided for in said section.28018

       Every such reflector shall be of such size and28019
characteristics and so maintained as to be visible at night from28020
all distances within three hundred feet to fifty feet from such28021
vehicle.28022

       (B)Whoever violates this section shall be punished as28023
provided in section 4513.99 of the Revised Code.28024

       Sec. 4513.07. (A) The director of public safety shall28025
prescribe and promulgate regulations relating to clearance lights,28026
marker lights, reflectors, and stop lights on bussesbuses,28027
trackless trolleys, trucks, commercial tractors, trailers,28028
semitrailers, and pole trailers, when operated upon any highway,28029
and such vehicles shall be equipped as required by such28030
regulations, and such equipment shall be lighted at all times28031
mentioned in section 4513.03 of the Revised Code, except that28032
clearance lights and side marker lights need not be lighted on any28033
such vehicle when it is operated within a municipal corporation28034
where there is sufficient light to reveal any person or28035
substantial object on the highway at a distance of five hundred28036
feet.28037

       Such equipment shall be in addition to all other lights28038
specifically required by sections 4513.03 to 4513.16 of the28039
Revised Code.28040

       Vehicles operated under the jurisdiction of the public28041
utilities commission are not subject to this section.28042

       (B)Whoever violates this section shall be punished as28043
provided in section 4513.99 of the Revised Code.28044

       Sec. 4513.071. (A) Every motor vehicle, trailer,28045
semitrailer, and pole trailer when operated upon a highway shall28046
be equipped with two or more stop lights, except that passenger28047
cars manufactured or assembled prior to January 1, 1967,28048
motorcycles, and motor-driven cycles shall be equipped with at28049
least one stop light. Stop lights shall be mounted on the rear of28050
the vehicle, actuated upon application of the service brake, and28051
may be incorporated with other rear lights. Such stop lights when28052
actuated shall emit a red light visible from a distance of five28053
hundred feet to the rear, provided that in the case of a train of28054
vehicles only the stop lights on the rear-most vehicle need be28055
visible from the distance specified.28056

       Such stop lights when actuated shall give a steady warning28057
light to the rear of a vehicle or train of vehicles to indicate28058
the intention of the operator to diminish the speed of or stop a28059
vehicle or train of vehicles.28060

       When stop lights are used as required by this section, they28061
shall be constructed or installed so as to provide adequate and28062
reliable illumination and shall conform to the appropriate rules28063
and regulations established under section 4513.19 of the Revised28064
Code.28065

       Historical motor vehicles as defined in section 4503.181 of28066
the Revised Code, not originally manufactured with stop lights,28067
are not subject to this section.28068

       (B) Whoever violates this section shall be punished as28069
provided in section 4513.99 of the Revised Code.28070

       Sec. 4513.09. (A) Whenever the load upon any vehicle28071
extends to the rear four feet or more beyond the bed or body of28072
such vehicle, there shall be displayed at the extreme rear end of28073
the load, at the times specified in section 4513.03 of the Revised28074
Code, a red light or lantern plainly visible from a distance of at28075
least five hundred feet to the sides and rear. The red light or28076
lantern required by this section is in addition to the red rear28077
light required upon every vehicle. At any other time there shall28078
be displayed at the extreme rear end of such load a red flag or28079
cloth not less than sixteen inches square.28080

       (B)Whoever violates this section shall be punished as28081
provided in section 4513.99 of the Revised Code.28082

       Sec. 4513.10. (A) Except in case of an emergency, whenever28083
a vehicle is parked or stopped upon a roadway open to traffic or a28084
shoulder adjacent thereto, whether attended or unattended, during28085
the times mentioned in section 4513.03 of the Revised Code, such28086
vehicle shall be equipped with one or more lights which shall28087
exhibit a white or amber light on the roadway side visible from a28088
distance of five hundred feet to the front of such vehicle, and a28089
red light visible from a distance of five hundred feet to the28090
rear. No lights need be displayed upon any such vehicle when it28091
is stopped or parked within a municipal corporation where there is28092
sufficient light to reveal any person or substantial object within28093
a distance of five hundred feet upon such highway. Any lighted28094
headlights upon a parked vehicle shall be depressed or dimmed.28095

       (B)Whoever violates this section shall be punished as28096
provided in section 4513.99 of the Revised Code.28097

       Sec. 4513.11.  (A) All vehicles other than bicycles,28098
including animal-drawn vehicles and vehicles referred to in28099
division (G) of section 4513.02 of the Revised Code, not28100
specifically required to be equipped with lamps or other lighting28101
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,28102
at the times specified in section 4513.03 of the Revised Code, be28103
equipped with at least one lamp displaying a white light visible28104
from a distance of not less than one thousand feet to the front of28105
the vehicle, and also shall be equipped with two lamps displaying28106
red light visible from a distance of not less than one thousand28107
feet to the rear of the vehicle, or as an alternative, one lamp28108
displaying a red light visible from a distance of not less than28109
one thousand feet to the rear and two red reflectors visible from28110
all distances of six hundred feet to one hundred feet to the rear28111
when illuminated by the lawful lower beams of headlamps.28112

       Lamps and reflectors required or authorized by this section28113
shall meet standards adopted by the director of public safety.28114

       (B) All boat trailers, farm machinery, and other machinery,28115
including all road construction machinery, upon a street or28116
highway, except when being used in actual construction and28117
maintenance work in an area guarded by a flagperson, or where28118
flares are used, or when operating or traveling within the limits28119
of a construction area designated by the director of28120
transportation, a city engineer, or the county engineer of the28121
several counties, when such construction area is marked in28122
accordance with requirements of the director and the manual of28123
uniform traffic control devices, as set forth in section 4511.0928124
of the Revised Code, which is designed for operation at a speed of28125
twenty-five miles per hour or less shall be operated at a speed28126
not exceeding twenty-five miles per hour, and shall display a28127
triangular slow-moving vehicle emblem (SMV). The emblem shall be28128
mounted so as to be visible from a distance of not less than five28129
hundred feet to the rear. The director of public safety shall28130
adopt standards and specifications for the design and position of28131
mounting the SMV emblem. The standards and specifications for SMV28132
emblems referred to in this section shall correlate with and, so28133
far as possible, conform with those approved by the American28134
society of agricultural engineers.28135

       As used in this division, "machinery" does not include any28136
vehicle designed to be drawn by an animal.28137

       (C) The use of the SMV emblem shall be restricted to28138
animal-drawn vehicles, and to the slow-moving vehicles specified28139
in division (B) of this section operating or traveling within the28140
limits of the highway. Its use on slow-moving vehicles being28141
transported upon other types of vehicles or on any other type of28142
vehicle or stationary object on the highway is prohibited.28143

       (D) No person shall sell, lease, rent, or operate any boat28144
trailer, farm machinery, or other machinery defined as a28145
slow-moving vehicle in division (B) of this section, except those28146
units designed to be completely mounted on a primary power unit,28147
which is manufactured or assembled on or after April 1, 1966,28148
unless the vehicle is equipped with a slow-moving vehicle emblem28149
mounting device as specified in division (B) of this section.28150

       (E) Any boat trailer, farm machinery, or other machinery28151
defined as a slow-moving vehicle in division (B) of this section,28152
in addition to the use of the slow-moving vehicle emblem, may be28153
equipped with a red flashing light that shall be visible from a28154
distance of not less than one thousand feet to the rear at all28155
times specified in section 4513.03 of the Revised Code. When a28156
double-faced light is used, it shall display amber light to the28157
front and red light to the rear.28158

       In addition to the lights described in this division, farm28159
machinery and motor vehicles escorting farm machinery may display28160
a flashing, oscillating, or rotating amber light, as permitted by28161
section 4513.17 of the Revised Code, and also may display28162
simultaneously flashing turn signals or warning lights, as28163
permitted by that section.28164

       (F) Every animal-drawn vehicle upon a street or highway28165
shall at all times be equipped in one of the following ways:28166

       (1) With a slow-moving vehicle emblem complying with28167
division (B) of this section;28168

       (2) With alternate reflective material complying with rules28169
adopted under this division;28170

       (3) With both a slow-moving vehicle emblem and alternate28171
reflective material as specified in this division.28172

       The director of public safety, subject to Chapter 119. of the28173
Revised Code, shall adopt rules establishing standards and28174
specifications for the position of mounting of the alternate28175
reflective material authorized by this division. The rules shall28176
permit, as a minimum, the alternate reflective material to be28177
black, gray, or silver in color. The alternate reflective28178
material shall be mounted on the animal-drawn vehicle so as to be28179
visible, at all times specified in section 4513.03 of the Revised28180
Code, from a distance of not less than five hundred feet to the28181
rear when illuminated by the lawful lower beams of headlamps.28182

       (G) Whoever violates this section shall be punished as28183
provided in section 4513.99 of the Revised Code.28184

       (H) As used in this section, "boat trailer" means any28185
vehicle designed and used exclusively to transport a boat between28186
a place of storage and a marina, or in and around a marina, when28187
drawn or towed on a street or highway for a distance of no more28188
than ten miles and at a speed of twenty-five miles per hour or28189
less.28190

       Sec. 4513.111.  (A)(1) Every multi-wheel agricultural28191
tractor whose model year was 2001 or earlier, when being operated28192
or traveling on a street or highway at the times specified in28193
section 4513.03 of the Revised Code, at a minimum shall be28194
equipped with and display reflectors and illuminated amber lamps28195
so that the extreme left and right projections of the tractor are28196
indicated by flashing lamps displaying amber light, visible to the28197
front and the rear, by amber reflectors, all visible to the front,28198
and by red reflectors, all visible to the rear.28199

       (2) The lamps displaying amber light need not flash28200
simultaneously and need not flash in conjunction with any28201
directional signals of the tractor.28202

       (3) The lamps and reflectors required by division (A)(1) of28203
this section and their placement shall meet standards and28204
specifications contained in rules adopted by the director of28205
public safety in accordance with Chapter 119. of the Revised Code.28206
The rules governing the amber lamps, amber reflectors, and red28207
reflectors and their placement shall correlate with and, as far as28208
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.228209
respectively of the American society of agricultural engineers28210
standard ANSI/ASAE S279.10 OCT98, lighting and marking of28211
agricultural equipment on highways.28212

       (B) Every unit of farm machinery whose model year was 200228213
or later, when being operated or traveling on a street or highway28214
at the times specified in section 4513.03 of the Revised Code,28215
shall be equipped with and display markings and illuminated lamps28216
that meet or exceed the lighting, illumination, and marking28217
standards and specifications that are applicable to that type of28218
farm machinery for the unit's model year specified in the American28219
society of agricultural engineers standard ANSI/ASAE S279.1028220
OCT98, lighting and marking of agricultural equipment on highways.28221

       (C) The lights and reflectors required by division (A) of28222
this section are in addition to the slow-moving vehicle emblem and28223
lights required or permitted by section 4513.11 or 4513.17 of the28224
Revised Code to be displayed on farm machinery being operated or28225
traveling on a street or highway.28226

       (D) No person shall operate any unit of farm machinery on a28227
street or highway or cause any unit of farm machinery to travel on28228
a street or highway in violation of division (A) or (B) of this28229
section.28230

       (E) Whoever violates this section shall be punished as28231
provided in section 4513.99 of the Revised Code.28232

       Sec. 4513.12. (A) Any motor vehicle may be equipped with28233
not more than one spotlight and every lighted spotlight shall be28234
so aimed and used upon approaching another vehicle that no part of28235
the high-intensity portion of the beam will be directed to the28236
left of the prolongation of the extreme left side of the vehicle,28237
nor more than one hundred feet ahead of the vehicle.28238

       Any motor vehicle may be equipped with not more than three28239
auxiliary driving lights mounted on the front of the vehicle. The28240
director of public safety shall prescribe specifications for28241
auxiliary driving lights and regulations for their use, and any28242
such lights which do not conform to said specifications and28243
regulations shall not be used.28244

       (B)Whoever violates this section shall be punished as28245
provided in section 4513.99 of the Revised Code.28246

       Sec. 4513.13. (A) Any motor vehicle may be equipped with28247
side cowl or fender lights which shall emit a white or amber light28248
without glare.28249

       Any motor vehicle may be equipped with lights on each side28250
thereof which shall emit a white or amber light without glare.28251

       Any motor vehicle may equipped with back-up lights, either28252
separately or in combination with another light. No back-up28253
lights shall be continuously lighted when the motor vehicle is in28254
forward motion.28255

       (B)Whoever violates this section shall be punished as28256
provided in section 4513.99 of the Revised Code.28257

       Sec. 4513.14. (A) At all times mentioned in section 4513.0328258
of the Revised Code at least two lighted lights shall be28259
displayed, one near each side of the front of every motor vehicle28260
and trackless trolley, except when such vehicle or trackless28261
trolley is parked subject to the regulations governing lights on28262
parked vehicles and trackless trolleys.28263

       The director of public safety shall prescribe and promulgate28264
regulations relating to the design and use of such lights and such28265
regulations shall be in accordance with currently recognized28266
standards.28267

       (B)Whoever violates this section shall be punished as28268
provided in section 4513.99 of the Revised Code.28269

       Sec. 4513.15. (A) Whenever a motor vehicle is being28270
operated on a roadway or shoulder adjacent thereto during the28271
times specified in section 4513.03 of the Revised Code, the driver28272
shall use a distribution of light, or composite beam, directed28273
high enough and of sufficient intensity to reveal persons,28274
vehicles, and substantial objects at a safe distance in advance of28275
the vehicle, subject to the following requirements;28276

       (A)(1) Whenever the driver of a vehicle approaches an28277
oncoming vehicle, such driver shall use a distribution of light,28278
or composite beam, so aimed that the glaring rays are not28279
projected into the eyes of the oncoming driver.28280

       (B)(2) Every new motor vehicle registered in this state,28281
which has multiple-beam road lighting equipment shall be equipped28282
with a beam indicator, which shall be lighted whenever the28283
uppermost distribution of light from the headlights is in use, and28284
shall not otherwise be lighted. Said indicator shall be so28285
designed and located that, when lighted, it will be readily28286
visible without glare to the driver of the vehicle.28287

       (B)Whoever violates this section shall be punished as28288
provided in section 4513.99 of the Revised Code.28289

       Sec. 4513.16. (A) Any motor vehicle may be operated under28290
the conditions specified in section 4513.03 of the Revised Code28291
when it is equipped with two lighted lights upon the front thereof28292
capable of revealing persons and substantial objects seventy-five28293
feet ahead, in lieu of lights required in section 4513.14 of the28294
Revised Code, provided that such vehicle shall not be operated at28295
a speed in excess of twenty miles per hour.28296

       (B)Whoever violates this section shall be punished as28297
provided in section 4513.99 of the Revised Code.28298

       Sec. 4513.17.  (A) Whenever a motor vehicle equipped with28299
headlights also is equipped with any auxiliary lights or spotlight28300
or any other light on the front thereof projecting a beam of an28301
intensity greater than three hundred candle power, not more than a28302
total of five of any such lights on the front of a vehicle shall28303
be lighted at any one time when the vehicle is upon a highway.28304

       (B) Any lighted light or illuminating device upon a motor28305
vehicle, other than headlights, spotlights, signal lights, or28306
auxiliary driving lights, that projects a beam of light of an28307
intensity greater than three hundred candle power, shall be so28308
directed that no part of the beam will strike the level of the28309
roadway on which the vehicle stands at a distance of more than28310
seventy-five feet from the vehicle.28311

       (C)(1) Flashing lights are prohibited on motor vehicles,28312
except as a means for indicating a right or a left turn, or in the28313
presence of a vehicular traffic hazard requiring unusual care in28314
approaching, or overtaking or passing. This prohibition does not28315
apply to emergency vehicles, road service vehicles servicing or28316
towing a disabled vehicle, traffic line stripers, snow plows,28317
rural mail delivery vehicles, vehicles as provided in section28318
4513.182 of the Revised Code, department of transportation28319
maintenance vehicles, funeral hearses, funeral escort vehicles,28320
and similar equipment operated by the department or local28321
authorities, which shall be equipped with and display, when used28322
on a street or highway for the special purpose necessitating such28323
lights, a flashing, oscillating, or rotating amber light, but28324
shall not display a flashing, oscillating, or rotating light of28325
any other color, nor to vehicles or machinery permitted by section28326
4513.11 of the Revised Code to have a flashing red light.28327

       (2) When used on a street or highway, farm machinery and28328
vehicles escorting farm machinery may be equipped with and display28329
a flashing, oscillating, or rotating amber light, and the28330
prohibition contained in division (C)(1) of this section does not28331
apply to such machinery or vehicles. Farm machinery also may28332
display the lights described in section 4513.11 of the Revised28333
Code.28334

       (D) Except a person operating a public safety vehicle, as28335
defined in division (E) of section 4511.01 of the Revised Code, or28336
a school bus, no person shall operate, move, or park upon, or28337
permit to stand within the right-of-way of any public street or28338
highway any vehicle or equipment that is equipped with and28339
displaying a flashing red or a flashing combination red and white28340
light, or an oscillating or rotating red light, or a combination28341
red and white oscillating or rotating light; and except a public28342
law enforcement officer, or other person sworn to enforce the28343
criminal and traffic laws of the state, operating a public safety28344
vehicle when on duty, no person shall operate, move, or park upon,28345
or permit to stand within the right-of-way of any street or28346
highway any vehicle or equipment that is equipped with, or upon28347
which is mounted, and displaying a flashing blue or a flashing28348
combination blue and white light, or an oscillating or rotating28349
blue light, or a combination blue and white oscillating or28350
rotating light.28351

       (E) This section does not prohibit the use of warning lights28352
required by law or the simultaneous flashing of turn signals on28353
disabled vehicles or on vehicles being operated in unfavorable28354
atmospheric conditions in order to enhance their visibility. This28355
section also does not prohibit the simultaneous flashing of turn28356
signals or warning lights either on farm machinery or vehicles28357
escorting farm machinery, when used on a street or highway.28358

       (F)Whoever violates this section shall be punished as28359
provided in section 4513.99 of the Revised Code.28360

       Sec. 4513.171. (A) Notwithstanding any other provision of28361
law, a motor vehicle operated by a coroner, deputy coroner, or28362
coroner's investigator may be equipped with a flashing,28363
oscillating, or rotating red or blue light and a siren, whistle,28364
or bell capable of emitting sound audible under normal conditions28365
from a distance of not less than five hundred feet. Such a28366
vehicle may display the flashing, oscillating, or rotating red or28367
blue light and may give the audible signal of the siren, exhaust28368
whistle, or bell only when responding to a fatality or a fatal28369
motor vehicle accident on a street or highway and only at those28370
locations where the stoppage of traffic impedes the ability of the28371
coroner, deputy coroner, or coroner's investigator to arrive at28372
the site of the fatality.28373

       This section does not relieve a coroner, deputy coroner, or28374
coroner's investigator operating a motor vehicle from the duty to28375
drive with due regard for the safety of all persons and property28376
upon the highway.28377

       (B)Whoever violates this section shall be punished as28378
provided in section 4513.99 of the Revised Code.28379

       Sec. 4513.18. (A) The director of transportation shall28380
adopt standards and specifications applicable to headlights,28381
clearance lights, identification, and other lights, on snow28382
removal equipment when operated on the highways, and on vehicles28383
operating under special permits pursuant to section 4513.34 of the28384
Revised Code, in lieu of the lights otherwise required on motor28385
vehicles. Such standards and specifications may permit the use of28386
flashing lights for purposes of identification on snow removal28387
equipment, and oversize vehicles when in service upon the28388
highways. The standards and specifications for lights referred to28389
in this section shall correlate with and, so far as possible,28390
conform with those approved by the American association of state28391
highway officials.28392

       It is unlawful to operate snow removal equipment on a highway28393
unless the lights thereon comply with and are lighted when and as28394
required by the standards and specifications adopted as provided28395
in this section.28396

       (B)Whoever violates this section shall be punished as28397
provided in section 4513.99 of the Revised Code.28398

       Sec. 4513.182.  (A) No person shall operate any motor28399
vehicle owned, leased, or hired by a nursery school, kindergarten,28400
or day-care center, while transporting preschool children to or28401
from such an institution unless the motor vehicle is equipped with28402
and displaying two amber flashing lights mounted on a bar attached28403
to the top of the vehicle, and a sign bearing the designation28404
"caution--children," which shall be attached to the bar carrying28405
the amber flashing lights in such a manner as to be legible to28406
persons both in front of and behind the vehicle. The lights and28407
sign shall meet standards and specifications adopted by the28408
director of public safety. The director, subject to Chapter 119.28409
of the Revised Code, shall adopt standards and specifications for28410
the lights and sign, which shall include, but are not limited to,28411
requirements for the color and size of lettering to be used on the28412
sign, the type of material to be used for the sign, and the method28413
of mounting the lights and sign so that they can be removed from a28414
motor vehicle being used for purposes other than those specified28415
in this section.28416

       (B) No person shall operate a motor vehicle displaying the28417
lights and sign required by this section for any purpose other28418
than the transportation of preschool children as provided in this28419
section.28420

       (C)Whoever violates this section shall be punished as28421
provided in section 4513.99 of the Revised Code.28422

       Sec. 4513.19. (A) No person shall use any lights mentioned28423
in sections 4513.03 to 4513.18 of the Revised Code, upon any motor28424
vehicle, trailer, or semitrailer unless said lights are equipped,28425
mounted, and adjusted as to focus and aim in accordance with28426
regulations which are prescribed by the director of public safety.28427

       (B)Whoever violates this section shall be punished as28428
provided in section 4513.99 of the Revised Code.28429

       Sec. 4513.20. (A) The following requirements govern as to28430
brake equipment on vehicles:28431

       (A)(1) Every trackless trolley and motor vehicle, other than28432
a motorcycle, when operated upon a highway shall be equipped with28433
brakes adequate to control the movement of and to stop and hold28434
such trackless trolley or motor vehicle, including two separate28435
means of applying the brakes, each of which means shall be28436
effective to apply the brakes to at least two wheels. If these28437
two separate means of applying the brakes are connected in any28438
way, then on such trackless trolleys or motor vehicles28439
manufactured or assembled after January 1, 1942, they shall be so28440
constructed that failure of any one part of the operating28441
mechanism shall not leave the trackless trolley or motor vehicle28442
without brakes on at least two wheels.28443

       (B)(2) Every motorcycle, when operated upon a highway shall28444
be equipped with at least one adequate brake, which may be28445
operated by hand or by foot.28446

       (C)(3) Every motorized bicycle shall be equipped with brakes28447
meeting the rules adopted by the director of public safety under28448
section 4511.521 of the Revised Code.28449

       (D)(4) When operated upon the highways of this state, the28450
following vehicles shall be equipped with brakes adequate to28451
control the movement of and to stop and to hold the vehicle,28452
designed to be applied by the driver of the towing motor vehicle28453
from its cab, and also designed and connected so that, in case of28454
a breakaway of the towed vehicle, the brakes shall be28455
automatically applied:28456

       (1)(a) Every trailer or semitrailer, except a pole trailer,28457
with an empty weight of two thousand pounds or more, manufactured28458
or assembled on or after January 1, 1942;28459

       (2)(b) Every manufactured home or travel trailer with an28460
empty weight of two thousand pounds or more, manufactured or28461
assembled on or after January 1, 2001.28462

       (E)(5) In any combination of motor-drawn trailers or28463
semitrailers equipped with brakes, means shall be provided for28464
applying the rearmost brakes in approximate synchronism with the28465
brakes on the towing vehicle, and developing the required braking28466
effort on the rearmost wheels at the fastest rate; or means shall28467
be provided for applying braking effort first on the rearmost28468
brakes; or both of the above means, capable of being used28469
alternatively, may be employed.28470

       (F)(6) Every vehicle and combination of vehicles, except28471
motorcycles and motorized bicycles, and except trailers and28472
semitrailers of a gross weight of less than two thousand pounds,28473
and pole trailers, shall be equipped with parking brakes adequate28474
to hold the vehicle on any grade on which it is operated, under28475
all conditions of loading, on a surface free from snow, ice, or28476
loose material. The parking brakes shall be capable of being28477
applied in conformance with the foregoing requirements by the28478
driver's muscular effort or by spring action or by equivalent28479
means. Their operation may be assisted by the service brakes or28480
other source of power provided that failure of the service brake28481
actuation system or other power assisting mechanism will not28482
prevent the parking brakes from being applied in conformance with28483
the foregoing requirements. The parking brakes shall be so28484
designed that when once applied they shall remain applied with the28485
required effectiveness despite exhaustion of any source of energy28486
or leakage of any kind.28487

       (G)(7) The same brake drums, brake shoes and lining28488
assemblies, brake shoe anchors, and mechanical brake shoe28489
actuation mechanism normally associated with the wheel brake28490
assemblies may be used for both the service brakes and the parking28491
brakes. If the means of applying the parking brakes and the28492
service brakes are connected in any way, they shall be so28493
constructed that failure of any one part shall not leave the28494
vehicle without operative brakes.28495

       (H)(8) Every trackless trolley, motor vehicle, or28496
combination of motor-drawn vehicles shall be capable at all times28497
and under all conditions of loading of being stopped on a dry,28498
smooth, level road free from loose material, upon application of28499
the service or foot brake, within the following specified28500
distances, or shall be capable of being decelerated at a sustained28501
rate corresponding to these distances:28502

       (1)(a) Trackless trolleys, vehicles, or combinations of28503
vehicles having brakes on all wheels shall come to a stop in28504
thirty feet or less from a speed of twenty miles per hour.28505

       (2)(b) Vehicles or combinations of vehicles not having28506
brakes on all wheels shall come to a stop in forty feet or less28507
from a speed of twenty miles per hour.28508

       (I)(9) All brakes shall be maintained in good working order28509
and shall be so adjusted as to operate as equally as practicable28510
with respect to the wheels on opposite sides of the trackless28511
trolley or vehicle.28512

       (B) Whoever violates this section shall be punished as28513
provided in section 4513.99 of the Revised Code.28514

       Sec. 4513.201.  (A) No hydraulic brake fluid for use in28515
motor vehicles shall be sold in this state if the brake fluid is28516
below the minimum standard of specifications for heavy duty type28517
brake fluid established by the society of automotive engineers and28518
the standard of specifications established by 49 C.F.R. 571.116,28519
as amended.28520

       (B) All manufacturers, packers, or distributors of brake28521
fluid selling such fluid in this state shall state on the28522
containers that the brake fluid therein meets or exceeds the28523
applicable minimum SAE standard of specifications and the standard28524
of specifications established in 49 C.F.R. 571.116, as amended.28525

       (C)Whoever violates this section shall be punished as28526
provided in section 4513.99 of the Revised Code.28527

       Sec. 4513.202.  (A) No brake lining, brake lining material,28528
or brake lining assemblies for use as repair and replacement parts28529
in motor vehicles shall be sold in this state if these items do28530
not meet or exceed the minimum standard of specifications28531
established by the society of automotive engineers and the28532
standard of specifications established in 49 C.F.R. 571.105, as28533
amended, and 49 C.F.R. 571.135, as amended.28534

       (B) All manufacturers or distributors of brake lining, brake28535
lining material, or brake lining assemblies selling these items28536
for use as repair and replacement parts in motor vehicles shall28537
state that the items meet or exceed the applicable minimum28538
standard of specifications.28539

       (C) Whoever violates this section shall be punished as28540
provided in section 4513.99 of the Revised Code.28541

       (D) As used in this section, "minimum standard of28542
specifications" means a minimum standard for brake system or brake28543
component performance that meets the need for motor vehicle safety28544
and complies with the applicable SAE standards and recommended28545
practices, and the federal motor vehicle safety standards that28546
cover the same aspect of performance for any brake lining, brake28547
lining material, or brake lining assemblies.28548

       Sec. 4513.21. (A) Every motor vehicle or trackless trolley28549
when operated upon a highway shall be equipped with a horn which28550
is in good working order and capable of emitting sound audible,28551
under normal conditions, from a distance of not less than two28552
hundred feet.28553

       No motor vehicle or trackless trolley shall be equipped with,28554
nor shall any person use upon a vehicle, any siren, whistle, or28555
bell. Any vehicle may be equipped with a theft alarm signal28556
device which shall be so arranged that it cannot be used as an28557
ordinary warning signal. Every emergency vehicle shall be28558
equipped with a siren, whistle, or bell, capable of emitting sound28559
audible under normal conditions from a distance of not less than28560
five hundred feet and of a type approved by the director of public28561
safety. Such equipment shall not be used except when such vehicle28562
is operated in response to an emergency call or is in the28563
immediate pursuit of an actual or suspected violator of the law,28564
in which case the driver of the emergency vehicle shall sound such28565
equipment when it is necessary to warn pedestrians and other28566
drivers of the approach thereof.28567

       (B)Whoever violates this section shall be punished as28568
provided in section 4513.99 of the Revised Code.28569

       Sec. 4513.22. (A) Every motor vehicle and motorcycle with28570
an internal combustion engine shall at all times be equipped with28571
a muffler which is in good working order and in constant operation28572
to prevent excessive or unusual noise, and no person shall use a28573
muffler cutout, by-pass, or similar device upon a motor vehicle on28574
a highway. Every motorcycle muffler shall be equipped with baffle28575
plates.28576

       No person shall own, operate, or have in histhe person's28577
possession any motor vehicle or motorcycle equipped with a device28578
for producing excessive smoke or gas, or so equipped as to permit28579
oil or any other chemical to flow into or upon the exhaust pipe or28580
muffler of such vehicle, or equipped in any other way to produce28581
or emit smoke or dangerous or annoying gases from any portion of28582
such vehicle, other than the ordinary gases emitted by the exhaust28583
of an internal combustion engine under normal operation.28584

       (B)Whoever violates this section shall be punished as28585
provided in section 4513.99 of the Revised Code.28586

       Sec. 4513.23. (A) Every motor vehicle, motorcycle, and28587
trackless trolley shall be equipped with a mirror so located as to28588
reflect to the operator a view of the highway to the rear of such28589
vehicle, motorcycle, or trackless trolley. Operators of vehicles,28590
motorcycles, streetcars, and trackless trolleys shall have a clear28591
and unobstructed view to the front and to both sides of their28592
vehicles, motorcycles, streetcars, or trackless trolleys and shall28593
have a clear view to the rear of their vehicles, motorcycles,28594
streetcars, or trackless trolleys by mirror.28595

       (B)Whoever violates this section shall be punished as28596
provided in section 4513.99 of the Revised Code.28597

       Sec. 4513.24.  (A) No person shall drive any motor vehicle28598
on a street or highway in this state, other than a motorcycle or28599
motorized bicycle, that is not equipped with a windshield.28600

       (B) No person shall drive any motor vehicle, other than a28601
bus, with any sign, poster, or other nontransparent material upon28602
the front windshield, sidewings, side, or rear windows of such28603
vehicle other than a certificate or other paper required to be28604
displayed by law, except that there may be in the lower left-hand28605
or right-hand corner of the windshield a sign, poster, or decal28606
not to exceed four inches in height by six inches in width. No28607
sign, poster, or decal shall be displayed in the front windshield28608
in such a manner as to conceal the vehicle identification number28609
for the motor vehicle when, in accordance with federal law, that28610
number is located inside the vehicle passenger compartment and so28611
placed as to be readable through the vehicle glazing without28612
moving any part of the vehicle.28613

       (C) The windshield on every motor vehicle, streetcar, and28614
trackless trolley shall be equipped with a device for cleaning28615
rain, snow, or other moisture from the windshield. The device28616
shall be maintained in good working order and so constructed as to28617
be controlled or operated by the operator of the vehicle,28618
streetcar, or trackless trolley.28619

       (D)Whoever violates this section shall be punished as28620
provided in section 4513.99 of the Revised Code.28621

       Sec. 4513.241.  (A) The director of public safety, in28622
accordance with Chapter 119. of the Revised Code, shall adopt28623
rules governing the use of tinted glass, and the use of28624
transparent, nontransparent, translucent, and reflectorized28625
materials in or on motor vehicle windshields, side windows,28626
sidewings, and rear windows that prevent a person of normal vision28627
looking into the motor vehicle from seeing or identifying persons28628
or objects inside the motor vehicle.28629

       (B) The rules adopted under this section may provide for28630
persons who meet either of the following qualifications:28631

       (1) On November 11, 1994, or the effective date of this28632
section or of any rule adopted under this section, own a motor28633
vehicle that does not comformconform to the requirements of this28634
section or of any rule adopted under this section;28635

       (2) Establish residency in this state and are required to28636
register a motor vehicle that does not conform to the requirements28637
of this section or of any rule adopted under this section.28638

       (C) No person shall operate, on any highway or other public28639
or private property open to the public for vehicular travel or28640
parking, lease, or rent any motor vehicle that is registered in28641
this state unless the motor vehicle conforms to the requirements28642
of this section and of any applicable rule adopted under this28643
section.28644

       (D) No person shall install in or on any motor vehicle, any28645
glass or other material that fails to conform to the requirements28646
of this section or of any rule adopted under this section.28647

       (E) No used motor vehicle dealer or new motor vehicle28648
dealer, as defined in section 4517.01 of the Revised Code, shall28649
sell any motor vehicle that fails to conform to the requirements28650
of this section or of any rule adopted under this section.28651

       (F) No reflectorized materials shall be permitted upon or in28652
any front windshield, side windows, sidewings, or rear window.28653

       (G) This section does not apply to the manufacturer's28654
tinting or glazing of motor vehicle windows or windshields that is28655
otherwise in compliance with or permitted by federal motor vehicle28656
safety standard number two hundred five.28657

       (H) With regard to any side window behind a driver's seat or28658
any rear window other than any window on an emergency door, this28659
section does not apply to any school bus used to transport a28660
handicapped child pursuant to a special education program under28661
Chapter 3323. of the Revised Code, whom it is impossible or28662
impractical to transport by regular school bus in the course of28663
regular route transportation provided by a school district. As28664
used in this division, "handicapped child" and "special education28665
program" have the same meanings as in section 3323.01 of the28666
Revised Code.28667

       (I) This section does not apply to any school bus that is to28668
be sold and operated outside this state.28669

       (J)Whoever violates division (C), (D), (E), or (F) of this28670
section is guilty of a minor misdemeanor.28671

       Sec. 4513.242. (A) Notwithstanding section 4513.24 and28672
division (F) of section 4513.241 of the Revised Code or any rule28673
adopted thereunder, a decal, whether reflectorized or not, may be28674
displayed upon any side window or sidewing of a motor vehicle if28675
all of the following are met:28676

       (A)(1) The decal is necessary for public or private security28677
arrangements to which the motor vehicle periodically is subjected;28678

       (B)(2) The decal is no larger than is necessary to28679
accomplish the security arrangements;28680

       (C)(3) The decal does not obscure the vision of the motor28681
vehicle operator or prevent a person looking into the motor28682
vehicle from seeing or identifying persons or objects inside the28683
motor vehicle.28684

       (B)Whoever violates this section shall be punished as28685
provided in section 4513.99 of the Revised Code.28686

       Sec. 4513.25. (A) Every solid tire, as defined in section28687
4501.01 of the Revised Code, on a vehicle shall have rubber or28688
other resilient material on its entire traction surface at least28689
one inch thick above the edge of the flange of the entire28690
periphery.28691

       (B)Whoever violates this section shall be punished as28692
provided in section 4513.99 of the Revised Code.28693

       Sec. 4513.26. (A) No person shall sell any new motor28694
vehicle nor shall any new motor vehicle be registered, and no28695
person shall operate any motor vehicle, which is registered in28696
this state and which has been manufactured or assembled on or28697
after January 1, 1936, unless the motor vehicle is equipped with28698
safety glass wherever glass is used in the windshields, doors,28699
partitions, rear windows, and windows on each side immediately28700
adjacent to the rear window.28701

       "Safety glass" means any product composed of glass so28702
manufactured, fabricated, or treated as substantially to prevent28703
shattering and flying of the glass when it is struck or broken, or28704
such other or similar product as may be approved by the registrar28705
of motor vehicles.28706

       Glass other than safety glass shall not be offered for sale,28707
or sold for use in, or installed in any door, window, partition,28708
or windshield that is required by this section to be equipped with28709
safety glass.28710

       (B)Whoever violates this section shall be punished as28711
provided in section 4513.99 of the Revised Code.28712

       Sec. 4513.261.  (A)(1) No person shall operate any motor28713
vehicle manufactured or assembled on or after January 1, 1954,28714
unless the vehicle is equipped with electrical or mechanical28715
directional signals.28716

       (2) No person shall operate any motorcycle or motor-driven28717
cycle manufactured or assembled on or after January 1, 1968,28718
unless the vehicle is equipped with electrical or mechanical28719
directional signals.28720

       (B) "Directional signals" means an electrical or mechanical28721
signal device capable of clearly indicating an intention to turn28722
either to the right or to the left and which shall be visible from28723
both the front and rear.28724

       (C) All mechanical signal devices shall be self-illuminating28725
devices when in use at the times mentioned in section 4513.03 of28726
the Revised Code.28727

       (D) Whoever violates this section is guilty of a minor28728
misdemeanor.28729

       Sec. 4513.262. (A) As used in this section and in section28730
4513.263 of the Revised Code, the component parts of a "seat28731
safety belt" include a belt, anchor attachment assembly, and a28732
buckle or closing device.28733

       (A)(B) No person shall sell, lease, rent, or operate any28734
passenger car, as defined in division (E) of section 4501.01 of28735
the Revised Code, that is registered or to be registered in this28736
state and that is manufactured or assembled on or after January 1,28737
1962, unless the passenger car is equipped with sufficient28738
anchorage units at the attachment points for attaching at least28739
two sets of seat safety belts to its front seat. Such anchorage28740
units at the attachment points shall be of such construction,28741
design, and strength to support a loop load pull of not less than28742
four thousand pounds for each belt.28743

       (B)(C) No person shall sell, lease, or rent any passenger28744
car, as defined in division (E) of section 4501.01 of the Revised28745
Code, that is registered or to be registered in this state and28746
that is manufactured or assembled on or after January 1, 1966,28747
unless the passenger car has installed in its front seat at least28748
two seat safety belt assemblies.28749

       (C)(D) After January 1, 1966, neither any seat safety belt28750
for use in a motor vehicle nor any component part of any such seat28751
safety belt shall be sold in this state unless the seat safety28752
belt or the component part satisfies the minimum standard of28753
specifications established by the society of automotive engineers28754
for automotive seat belts and unless the seat safety belt or28755
component part is labeled so as to indicate that it meets those28756
minimum standard specifications.28757

       (D)(E) Each sale, lease, or rental in violation of this28758
section constitutes a separate offense.28759

       (F) Whoever violates this section is guilty of a minor28760
misdemeanor.28761

       Sec. 4513.263.  (A) As used in this section and in section28762
4513.99 of the Revised Code:28763

       (1) "Automobile" means any commercial tractor, passenger28764
car, commercial car, or truck that is required to be28765
factory-equipped with an occupant restraining device for the28766
operator or any passenger by regulations adopted by the United28767
States secretary of transportation pursuant to the "National28768
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 1528769
U.S.C.A. 1392.28770

       (2) "Occupant restraining device" means a seat safety belt,28771
shoulder belt, harness, or other safety device for restraining a28772
person who is an operator of or passenger in an automobile and28773
that satisfies the minimum federal vehicle safety standards28774
established by the United States department of transportation.28775

       (3) "Passenger" means any person in an automobile, other28776
than its operator, who is occupying a seating position for which28777
an occupant restraining device is provided.28778

       (4) "Commercial tractor," "passenger car," and "commercial28779
car" have the same meanings as in section 4501.01 of the Revised28780
Code.28781

       (5) "Vehicle" and "motor vehicle," as used in the28782
definitions of the terms set forth in division (A)(4) of this28783
section, have the same meanings as in section 4511.01 of the28784
Revised Code.28785

       (B) No person shall do any of the following:28786

       (1) Operate an automobile on any street or highway unless28787
that person is wearing all of the available elements of a properly28788
adjusted occupant restraining device, or operate a school bus that28789
has an occupant restraining device installed for use in its28790
operator's seat unless that person is wearing all of the available28791
elements of the device, as properly adjusted;28792

       (2) Operate an automobile on any street or highway unless28793
each passenger in the automobile who is subject to the requirement28794
set forth in division (B)(3) of this section is wearing all of the28795
available elements of a properly adjusted occupant restraining28796
device;28797

       (3) Occupy, as a passenger, a seating position on the front28798
seat of an automobile being operated on any street or highway28799
unless that person is wearing all of the available elements of a28800
properly adjusted occupant restraining device;28801

       (4) Operate a taxicab on any street or highway unless all28802
factory-equipped occupant restraining devices in the taxicab are28803
maintained in usable form.28804

       (C) Division (B)(3) of this section does not apply to a28805
person who is required by section 4511.81 of the Revised Code to28806
be secured in a child restraint device. Division (B)(1) of this28807
section does not apply to a person who is an employee of the28808
United States postal service or of a newspaper home delivery28809
service, during any period in which the person is engaged in the28810
operation of an automobile to deliver mail or newspapers to28811
addressees. Divisions (B)(1) and (3) of this section do not apply28812
to a person who has an affidavit signed by a physician licensed to28813
practice in this state under Chapter 4731. of the Revised Code or28814
a chiropractor licensed to practice in this state under Chapter28815
4734. of the Revised Code that states that the person has a28816
physical impairment that makes use of an occupant restraining28817
device impossible or impractical.28818

       (D) Notwithstanding any provision of law to the contrary, no28819
law enforcement officer shall cause an operator of an automobile28820
being operated on any street or highway to stop the automobile for28821
the sole purpose of determining whether a violation of division28822
(B) of this section has been or is being committed or for the sole28823
purpose of issuing a ticket, citation, or summons for a violation28824
of that nature or causing the arrest of or commencing a28825
prosecution of a person for a violation of that nature, and no law28826
enforcement officer shall view the interior or visually inspect28827
any automobile being operated on any street or highway for the28828
sole purpose of determining whether a violation of that nature has28829
been or is being committed.28830

       (E) All fines collected for violations of division (B) of28831
this section, or for violations of any ordinance or resolution of28832
a political subdivision that is substantively comparable to that28833
division, shall be forwarded to the treasurer of state for deposit28834
as follows:28835

       (1) Eight per cent shall be deposited into the seat belt28836
education fund, which is hereby created in the state treasury, and28837
shall be used by the department of public safety to establish a28838
seat belt education program.28839

       (2) Eight per cent shall be deposited into the elementary28840
school program fund, which is hereby created in the state28841
treasury, and shall be used by the department of public safety to28842
establish and administer elementary school programs that encourage28843
seat safety belt use.28844

       (3) Two per cent shall be deposited into the Ohio ambulance28845
licensing trust fund created by section 4766.05 of the Revised28846
Code.28847

       (4) Twenty-eight per cent shall be deposited into the trauma28848
and emergency medical services fund, which is hereby created in28849
the state treasury, and shall be used by the department of public28850
safety for the administration of the division of emergency medical28851
services and the state board of emergency medical services.28852

       (5) Fifty-four per cent shall be deposited into the trauma28853
and emergency medical services grants fund, which is hereby28854
created in the state treasury, and shall be used by the state28855
board of emergency medical services to make grants, in accordance28856
with section 4765.07 of the Revised Code and rules the board28857
adopts under section 4765.11 of the Revised Code.28858

       (F)(1) Subject to division (F)(2) of this section, the28859
failure of a person to wear all of the available elements of a28860
properly adjusted occupant restraining device or to ensure that28861
each passenger of an automobile being operated by the person is28862
wearing all of the available elements of such a device, in28863
violation of division (B) of this section, shall not be considered 28864
or used as evidence of negligence or contributory negligence,28865
shall not diminish recovery for damages in any civil action28866
involving the person arising from the ownership, maintenance, or28867
operation of an automobile; shall not be used as a basis for a28868
criminal prosecution of the person other than a prosecution for a28869
violation of this section; and shall not be admissible as evidence28870
in any civil or criminal action involving the person other than a28871
prosecution for a violation of this section.28872

       (2) If, at the time of an accident involving a passenger car28873
equipped with occupant restraining devices, any occupant of the28874
passenger car who sustained injury or death was not wearing an28875
available occupant restraining device, was not wearing all of the28876
available elements of such a device, or was not wearing such a28877
device as properly adjusted, then, consistent with the Rules of28878
Evidence, the fact that the occupant was not wearing the available28879
occupant restraining device, was not wearing all of the available28880
elements of such a device, or was not wearing such a device as28881
properly adjusted is admissible in evidence in relation to any28882
claim for relief in a tort action to the extent that the claim for28883
relief satisfies all of the following:28884

       (a) It seeks to recover damages for injury or death to the28885
occupant.28886

       (b) The defendant in question is the manufacturer, designer,28887
distributor, or seller of the passenger car.28888

       (c) The claim for relief against the defendant in question28889
is that the injury or death sustained by the occupant was enhanced28890
or aggravated by some design defect in the passenger car or that28891
the passenger car was not crashworthy.28892

       (3) As used in division (F)(2) of this section, "tort28893
action" means a civil action for damages for injury, death, or28894
loss to person or property. "Tort action" includes a product28895
liability claim that is subject to sections 2307.71 to 2307.80 of28896
the Revised Code, but does not include a civil action for damages28897
for a breach of a contract or another agreement between persons.28898

       (G)(1) Whoever violates division (B)(1) of this section28899
shall be fined thirty dollars.28900

       (2) Whoever violates division (B)(3) of this section shall28901
be fined twenty dollars.28902

       (3) Except as otherwise provided in this division, whoever28903
violates division (B)(4) of this section is guilty of a minor28904
misdemeanor. If the offender previously has been convicted of or28905
pleaded guilty to a violation of division (B)(4) of this section,28906
whoever violates division (B)(4) of this section is guilty of a28907
misdemeanor of the third degree.28908

       Sec. 4513.27.  (A) No person shall operate any motor truck,28909
trackless trolley, bus, or commercial tractor upon any highway28910
outside the corporate limits of municipalities at any time from28911
sunset to sunrise unless there is carried in such vehicle and28912
trackless trolley, except as provided in division (B) of this28913
section, the following equipment which shall be of the types28914
approved by the director of transportation:28915

       (1) At least three flares or three red reflectors or three28916
red electric lanterns, each of which is capable of being seen and28917
distinguished at a distance of five hundred feet under normal28918
atmospheric conditions at night time;28919

       (2) At least three red-burning fusees, unless red reflectors28920
or red electric lanterns are carried;28921

       (3) At least two red cloth flags, not less than twelve28922
inches square, with standards to support them;28923

       (4) The type of red reflectors shall comply with such28924
standards and specifications in effect on September 16, 1963 or28925
later established by the interstate commerce commission and must28926
be certified as meeting such standards by underwriter's28927
laboratories.28928

       (B) No person shall operate at the time and under the28929
conditions stated in this section any motor vehicle used in28930
transporting flammable liquids in bulk, or in transporting28931
compressed flammable gases, unless there is carried in such28932
vehicle three red electric lanterns or three red reflectors28933
meeting the requirements stated in division (A) of this section.28934
There shall not be carried in any such vehicle any flare, fusee,28935
or signal produced by a flame.28936

       (C) This section does not apply to any person who operates28937
any motor vehicle in a work area designated by protection28938
equipment devices that are displayed and used in accordance with28939
the manual adopted by the department of transportation under28940
section 4511.09 of the Revised Code.28941

       (D) Whoever violates this section shall be punished as28942
provided in section 4513.99 of the Revised Code.28943

       Sec. 4513.28.  (A) Whenever any motor truck, trackless28944
trolley, bus, commercial tractor, trailer, semi-trailer, or pole28945
trailer is disabled upon the traveled portion of any highway or28946
the shoulder thereof outside of any municipality, or upon any28947
freeway, expressway, thruway and connecting, entering or exiting28948
ramps within a municipality, at any time when lighted lamps are28949
required on vehicles and trackless trolleys, the operator of such28950
vehicle or trackless trolley shall display the following warning28951
devices upon the highway during the time the vehicle or trackless28952
trolley is so disabled on the highway except as provided in28953
division (B) of this section:28954

       (l) A lighted fusee shall be immediately placed on the28955
roadway at the traffic side of such vehicle or trackless trolley,28956
unless red electric lanterns or red reflectors are displayed.28957

       (2) Within the burning period of the fusee and as promptly28958
as possible, three lighted flares or pot torches, or three red28959
reflectors or three red electric lanterns shall be placed on the28960
roadway as follows:28961

       (a) One at a distance of forty paces or approximately one28962
hundred feet in advance of the vehicle;28963

       (b) One at a distance of forty paces or approximately one28964
hundred feet to the rear of the vehicle or trackless trolley28965
except as provided in this section, each in the center of the lane28966
of traffic occupied by the disabled vehicle or trackless trolley;28967

       (c) One at the traffic side of the vehicle or trackless28968
trolley.28969

       (B) Whenever any vehicle used in transporting flammable28970
liquids in bulk, or in transporting compressed flammable gases, is28971
disabled upon a highway at any time or place mentioned in division28972
(A) of this section, the driver of such vehicle shall display upon28973
the roadway the following warning devices:28974

       (l) One red electric lantern or one red reflector shall be28975
immediately placed on the roadway at the traffic side of the28976
vehicle;28977

       (2) Two other red electric lanterns or two other red28978
reflectors shall be placed to the front and rear of the vehicle in28979
the same manner prescribed for flares in division (A) of this28980
section.28981

       (C) When a vehicle of a type specified in division (B) of28982
this section is disabled, the use of flares, fusees, or any signal28983
produced by flame as warning signals is prohibited.28984

       (D) Whenever any vehicle or trackless trolley of a type28985
referred to in this section is disabled upon the traveled portion28986
of a highway or the shoulder thereof, outside of any municipality,28987
or upon any freeway, expressway, thruway and connecting, entering28988
or exiting ramps within a municipality, at any time when the28989
display of fusees, flares, red reflectors, or electric lanterns is28990
not required, the operator of such vehicle or trackless trolley28991
shall display two red flags upon the roadway in the lane of28992
traffic occupied by the disabled vehicle or trackless trolley, one28993
at a distance of forty paces or approximately one hundred feet in28994
advance of the vehicle or trackless trolley, and one at a distance28995
of forty paces or approximately one hundred feet to the rear of28996
the vehicle or trackless trolley, except as provided in this28997
section.28998

       (E) The flares, fusees, lanterns, red reflectors, and flags28999
to be displayed as required in this section shall conform with the29000
requirements of section 4513.27 of the Revised Code applicable29001
thereto.29002

       (F) In the event the vehicle or trackless trolley is29003
disabled near a curve, crest of a hill, or other obstruction of29004
view, the flare, flag, reflector, or lantern in that direction29005
shall be placed as to afford ample warning to other users of the29006
highway, but in no case shall it be placed less than forty paces29007
or approximately one hundred feet nor more than one hundred twenty29008
paces or approximately three hundred feet from the disabled29009
vehicle or trackless trolley.29010

       (G) This section does not apply to the operator of any29011
vehicle in a work area designated by protection equipment devices29012
that are displayed and used in accordance with the manual adopted29013
by the department of transportation under section 4511.09 of the29014
Revised Code.29015

       (H)Whoever violates this section shall be punished as29016
provided in section 4513.99 of the Revised Code.29017

       Sec. 4513.29. (A) Any person operating any vehicle29018
transporting explosives upon a highway shall at all times comply29019
with the following requirements:29020

       (A)(1) Said vehicle shall be marked or placarded on each29021
side and on the rear with the word "explosives" in letters not29022
less than eight inches high, or there shall be displayed on the29023
rear of such vehicle a red flag not less than twenty-four inches29024
square marked with the word "danger" in white letters six inches29025
high, or shall be marked or placarded in accordance with section29026
177.823 of the United States department of transportation29027
regulations.29028

       (B)(2) Said vehicle shall be equipped with not less than two29029
fire extinguishers, filled and ready for immediate use, and placed29030
at convenient points on such vehicle.29031

       (C)(3) The director of transportation may promulgate such29032
regulations governing the transportation of explosives and other29033
dangerous articles by vehicles upon the highway as are reasonably29034
necessary to enforce sections 4513.01 to 4513.37 of the Revised29035
Code.29036

       (B)Whoever violates this section shall be punished as29037
provided in section 4513.99 of the Revised Code.29038

       Sec. 4513.30. (A) No passenger-type vehicle shall be29039
operated on a highway with any load carried on such vehicle which29040
extends more than six inches beyond the line of the fenders on the29041
vehicle's left side.29042

       (B)Whoever violates this section shall be punished as29043
provided in section 4513.99 of the Revised Code.29044

       Sec. 4513.31.  (A) No vehicle shall be driven or moved on29045
any highway unless the vehicle is so constructed, loaded, or29046
covered as to prevent any of its load from dropping, sifting,29047
leaking, or otherwise escaping therefrom, except that sand or29048
other substance may be dropped for the purpose of securing29049
traction, or water or other substance may be sprinkled on a29050
roadway in cleaning or maintaining the roadway.29051

       (B) Except for a farm vehicle used to transport agricultural29052
produce or agricultural production materials or a rubbish vehicle29053
in the process of acquiring its load, no vehicle loaded with29054
garbage, swill, cans, bottles, waste paper, ashes, refuse, trash,29055
rubbish, waste, wire, paper, cartons, boxes, glass, solid waste,29056
or any other material of an unsanitary nature that is susceptible29057
to blowing or bouncing from a moving vehicle shall be driven or29058
moved on any highway unless the load is covered with a sufficient29059
cover to prevent the load or any part of the load from spilling29060
onto the highway.29061

       (C)Whoever violates this section shall be punished as29062
provided in section 4513.99 of the Revised Code.29063

       Sec. 4513.32. (A) When one vehicle is towing another29064
vehicle, the drawbar or other connection shall be of sufficient29065
strength to pull all the weight towed thereby, and the drawbar or29066
other connection shall not exceed fifteen feet from one vehicle to29067
the other, except the connection between any two vehicles29068
transporting poles, pipe, machinery, or other objects of29069
structural nature which cannot readily be dismembered.29070

       When one vehicle is towing another and the connection29071
consists only of a chain, rope, or cable, there shall be displayed29072
upon such connection a white flag or cloth not less than twelve29073
inches square.29074

       In addition to such drawbar or other connection, each trailer29075
and each semitrailer which is not connected to a commercial29076
tractor by means of a fifth wheel shall be coupled with stay29077
chains or cables to the vehicle by which it is being drawn. The29078
chains or cables shall be of sufficient size and strength to29079
prevent the towed vehicle's parting from the drawing vehicle in29080
case the drawbar or other connection should break or become29081
disengaged. In case of a loaded pole trailer, the connecting pole29082
to the drawing vehicle shall be coupled to the drawing vehicle29083
with stay chains or cables of sufficient size and strength to29084
prevent the towed vehicle's parting from the drawing vehicle.29085

       Every trailer or semitrailer, except pole and cable trailers29086
and pole and cable dollies operated by a public utility as defined29087
in section 5727.01 of the Revised Code, shall be equipped with a29088
coupling device, which shall be so designed and constructed that29089
the trailer will follow substantially in the path of the vehicle29090
drawing it, without whipping or swerving from side to side.29091
Vehicles used to transport agricultural produce or agricultural29092
production materials between a local place of storage and supply29093
and the farm, when drawn or towed on a street or highway at a29094
speed of twenty-five miles per hour or less, and vehicles designed29095
and used exclusively to transport a boat between a place of29096
storage and a marina, or in and around a marina, when drawn or29097
towed on a street or highway for a distance of no more than ten29098
miles and at a speed of twenty-five miles per hour or less, shall29099
have a drawbar or other connection, including the hitch mounted on29100
the towing vehicle, which shall be of sufficient strength to pull29101
all the weight towed thereby. Only one such vehicle used to29102
transport agricultural produce or agricultural production29103
materials as provided in this section may be towed or drawn at one29104
time, except as follows:29105

       (A)(1) An agricultural tractor may tow or draw more than one29106
such vehicle;29107

       (B)(2) A pickup truck or straight truck designed by the29108
manufacturer to carry a load of not less than one-half ton and not29109
more than two tons may tow or draw not more than two such vehicles29110
that are being used to transport agricultural produce from the29111
farm to a local place of storage. No vehicle being so towed by29112
such a pickup truck or straight truck shall be considered to be a29113
motor vehicle.29114

       (B)Whoever violates this section shall be punished as29115
provided in section 4513.99 of the Revised Code.29116

       Sec. 4513.34.  (A) The director of transportation with29117
respect to all highways that are a part of the state highway29118
system and local authorities with respect to highways under their29119
jurisdiction, upon application in writing and for good cause29120
shown, may issue a special permit in writing authorizing the29121
applicant to operate or move a vehicle or combination of vehicles29122
of a size or weight of vehicle or load exceeding the maximum29123
specified in sections 5577.01 to 5577.09 of the Revised Code, or29124
otherwise not in conformity with sections 4513.01 to 4513.37 of29125
the Revised Code, upon any highway under the jurisdiction of the29126
authority granting the permit.29127

       For purposes of this section, the director may designate29128
certain state highways or portions of state highways as special29129
economic development highways. If an application submitted to the29130
director under this section involves travel of a nonconforming29131
vehicle or combination of vehicles upon a special economic29132
development highway, the director, in determining whether good29133
cause has been shown that issuance of a permit is justified, shall29134
consider the effect the travel of the vehicle or combination of29135
vehicles will have on the economic development in the area in29136
which the designated highway or portion of highway is located.29137

       (B) Notwithstanding sections 715.22 and 723.01 of the29138
Revised Code, the holder of a special permit issued by the29139
director under this section may move the vehicle or combination of29140
vehicles described in the special permit on any highway that is29141
a part of the state highway system when the movement is partly29142
within and partly without the corporate limits of a municipal29143
corporation. No local authority shall require any other permit or29144
license or charge any license fee or other charge against the29145
holder of a permit for the movement of a vehicle or combination of29146
vehicles on any highway that is a part of the state highway29147
system. The director shall not require the holder of a permit29148
issued by a local authority to obtain a special permit for the29149
movement of vehicles or combination of vehicles on highways within29150
the jurisdiction of the local authority. Permits may be issued29151
for any period of time not to exceed one year, as the director in 29152
the director's discretion or a local authority in its discretion 29153
determines advisable, or for the duration of any public29154
construction project.29155

       (C) The application for a permit shall be in the form that29156
the director or local authority prescribes. The director or local29157
authority may prescribe a permit fee to be imposed and collected29158
when any permit described in this section is issued. The permit29159
fee may be in an amount sufficient to reimburse the director or29160
local authority for the administrative costs incurred in issuing29161
the permit, and also to cover the cost of the normal and expected29162
damage caused to the roadway or a street or highway structure as29163
the result of the operation of the nonconforming vehicle or29164
combination of vehicles. The director, in accordance with Chapter29165
119. of the Revised Code, shall establish a schedule of fees for29166
permits issued by the director under this section.29167

       For the purposes of this section and of rules adopted by the29168
director under this section, milk transported in bulk by vehicle29169
is deemed a nondivisible load.29170

       (D) The director or local authority may issue or withhold a29171
permit. If a permit is to be issued, the director or local29172
authority may limit or prescribe conditions of operation for the29173
vehicle and may require the posting of a bond or other security29174
conditioned upon the sufficiency of the permit fee to compensate29175
for damage caused to the roadway or a street or highway structure.29176
In addition, a local authority, as a condition of issuance of an29177
overweight permit, may require the applicant to develop and enter29178
into a mutual agreement with the local authority to compensate for29179
or to repair excess damage caused to the roadway by travel under29180
the permit.29181

       For a permit that will allow travel of a nonconforming29182
vehicle or combination of vehicles on a special economic29183
development highway, the director, as a condition of issuance, may29184
require the applicant to agree to make periodic payments to the29185
department to compensate for damage caused to the roadway by29186
travel under the permit.29187

       (E) Every permit shall be carried in the vehicle or29188
combination of vehicles to which it refers and shall be open to29189
inspection by any police officer or authorized agent of any29190
authority granting the permit. No person shall violate any of the29191
terms of a permit.29192

       (F) Whoever violates this section shall be punished as29193
provided in section 4513.99 of the Revised Code.29194

       Sec. 4513.36. (A) No person shall resist, hinder, obstruct,29195
or abuse any sheriff, constable, or other official while suchthat29196
official is attempting to arrest offenders under any provision of29197
sections 4511.01 to 4511.78, inclusive, 4511.99, and 4513.01 to29198
4513.37, inclusive, of the Revised Code. No person shall29199
interfere with any person charged under suchany provision of any29200
of those sections with the enforcement of the law relative to29201
public highways.29202

       (B)Whoever violates this section is guilty of a minor29203
misdemeanor.29204

       Sec. 4513.361. (A) No person shall knowingly present,29205
display, or orally communicate a false name, social security29206
number, or date of birth to a law enforcement officer who is in29207
the process of issuing to the person a traffic ticket or29208
complaint.29209

       (B) Whoever violates this section is guilty of a misdemeanor29210
of the first degree.29211

       Sec. 4513.51.  (A) Except as provided in division (B) of29212
this section, on and after July 1, 2001, no person shall operate a29213
bus, nor shall any person being the owner of a bus or having29214
supervisory responsibility for a bus permit the operation of any29215
bus, unless the bus displays a valid, current safety inspection29216
decal issued by the state highway patrol under section 4513.52 of29217
the Revised Code.29218

       (B) For the purpose of complying with the requirements of29219
this section and section 4513.52 of the Revised Code, the owner or29220
other operator of a bus may drive the bus directly to an29221
inspection site conducted by the state highway patrol and directly29222
back to the person's place of business without a valid29223
registration and without displaying a safety inspection decal,29224
provided that no passengers may occupy the bus during such29225
operation.29226

       (C) The registrar of motor vehicles shall not accept an29227
application for registration of a bus unless the bus owner29228
presents a valid safety inspection report for the applicable29229
registration year.29230

       (D) Whoever violates division (A) of this section is guilty29231
of a misdemeanor of the first degree.29232

       Sec. 4513.60.  (A)(1) The sheriff of a county or chief of29233
police of a municipal corporation, township, or township police29234
district, within the sheriff's or chief's respective territorial29235
jurisdiction, upon complaint of any person adversely affected, may29236
order into storage any motor vehicle, other than an abandoned junk29237
motor vehicle as defined in section 4513.63 of the Revised Code,29238
that has been left on private residential or private agricultural29239
property for at least four hours without the permission of the29240
person having the right to the possession of the property. The29241
sheriff or chief of police, upon complaint of the owner of a29242
repair garage or place of storage, may order into storage any29243
motor vehicle, other than an abandoned junk motor vehicle, that29244
has been left at the garage or place of storage for a longer29245
period than that agreed upon. The place of storage shall be29246
designated by the sheriff or chief of police. When ordering a29247
motor vehicle into storage pursuant to this division, a sheriff or29248
chief of police, whenever possible, shall arrange for the removal29249
of the motor vehicle by a private tow truck operator or towing29250
company. Subject to division (C) of this section, the owner of a29251
motor vehicle that has been removed pursuant to this division may29252
recover the vehicle only in accordance with division (E) of this29253
section.29254

       (2) Divisions (A)(1) to (3) of this section do not apply to29255
any private residential or private agricultural property that is29256
established as a private tow-away zone in accordance with division29257
(B) of this section.29258

       (3) As used in divisions (A)(1) and (2) of this section,29259
"private residential property" means private property on which is29260
located one or more structures that are used as a home, residence,29261
or sleeping place by one or more persons, if no more than three29262
separate households are maintained in the structure or structures.29263
"Private residential property" does not include any private29264
property on which is located one or more structures that are used29265
as a home, residence, or sleeping place by two or more persons, if29266
more than three separate households are maintained in the29267
structure or structures.29268

       (B)(1) The owner of private property may establish a private29269
tow-away zone only if all of the following conditions are29270
satisfied:29271

       (a) The owner posts on the owner's property a sign, that is29272
at least eighteen inches by twenty-four inches in size, that is29273
visible from all entrances to the property, and that contains at29274
least all of the following information:29275

       (i) A notice that the property is a private tow-away zone29276
and that vehicles not authorized to park on the property will be29277
towed away;29278

       (ii) The telephone number of the person from whom a29279
towed-away vehicle can be recovered, and the address of the place29280
to which the vehicle will be taken and the place from which it may29281
be recovered;29282

       (iii) A statement that the vehicle may be recovered at any29283
time during the day or night upon the submission of proof of29284
ownership and the payment of a towing charge, in an amount not to29285
exceed ninety dollars, and a storage charge, in an amount not to29286
exceed twelve dollars per twenty-four-hour period; except that the29287
charge for towing shall not exceed one hundred fifty dollars, and29288
the storage charge shall not exceed twenty dollars per29289
twenty-four-hour period, if the vehicle has a manufacturer's gross29290
vehicle weight rating in excess of ten thousand pounds and is a29291
truck, bus, or a combination of a commercial tractor and trailer29292
or semitrailer.29293

       (b) The place to which the towed vehicle is taken and from29294
which it may be recovered is conveniently located, is well29295
lighted, and is on or within a reasonable distance of a regularly29296
scheduled route of one or more modes of public transportation, if29297
any public transportation is available in the municipal29298
corporation or township in which the private tow-away zone is29299
located.29300

       (2) If a vehicle is parked on private property that is29301
established as a private tow-away zone in accordance with division29302
(B)(1) of this section, without the consent of the owner of the29303
property or in violation of any posted parking condition or29304
regulation, the owner or the owner's agent may remove, or cause29305
the removal of, the vehicle, the owner and the operator of the29306
vehicle shall be deemed to have consented to the removal and29307
storage of the vehicle and to the payment of the towing and29308
storage charges specified in division (B)(1)(a)(iii) of this29309
section, and the owner, subject to division (C) of this section,29310
may recover a vehicle that has been so removed only in accordance29311
with division (E) of this section.29312

       (3) If a municipal corporation requires tow trucks and tow29313
truck operators to be licensed, no owner of private property29314
located within the municipal corporation shall remove, or shall29315
cause the removal and storage of, any vehicle pursuant to division29316
(B)(2) of this section by an unlicensed tow truck or unlicensed29317
tow truck operator.29318

       (4) Divisions (B)(1) to (3) of this section do not affect or29319
limit the operation of division (A) of this section or sections29320
4513.61 to 4513.65 of the Revised Code as they relate to property29321
other than private property that is established as a private29322
tow-away zone under division (B)(1) of this section.29323

       (C) If the owner or operator of a motor vehicle that has29324
been ordered into storage pursuant to division (A)(1) of this29325
section or of a vehicle that is being removed under authority of29326
division (B)(2) of this section arrives after the motor vehicle or29327
vehicle has been prepared for removal, but prior to its actual29328
removal from the property, the owner or operator shall be given29329
the opportunity to pay a fee of not more than one-half of the29330
charge for the removal of motor vehicles under division (A)(1) of29331
this section or of vehicles under division (B)(2) of this section,29332
whichever is applicable, that normally is assessed by the person29333
who has prepared the motor vehicle or vehicle for removal, in29334
order to obtain release of the motor vehicle or vehicle. Upon29335
payment of that fee, the motor vehicle or vehicle shall be29336
released to the owner or operator, and upon its release, the owner29337
or operator immediately shall move it so that:29338

       (1) If the motor vehicle was ordered into storage pursuant29339
to division (A)(1) of this section, it is not on the private29340
residential or private agricultural property without the29341
permission of the person having the right to possession of the29342
property, or is not at the garage or place of storage without the29343
permission of the owner, whichever is applicable.29344

       (2) If the vehicle was being removed under authority of29345
division (B)(2) of this section, it is not parked on the private29346
property established as a private tow-away zone without the29347
consent of the owner or in violation of any posted parking29348
condition or regulation.29349

       (D)(1) If an owner of private property that is established29350
as a private tow-away zone in accordance with division (B)(1) of29351
this section or the authorized agent of such an owner removes or29352
causes the removal of a vehicle from that property under authority29353
of division (B)(2) of this section, the owner or agent promptly29354
shall notify the police department of the municipal corporation,29355
township, or township police district in which the property is29356
located, of the removal, the vehicle's license number, make,29357
model, and color, the location from which it was removed, the date29358
and time of its removal, the telephone number of the person from29359
whom it may be recovered, and the address of the place to which it29360
has been taken and from which it may be recovered.29361

       (2) Each county sheriff and each chief of police of a29362
municipal corporation, township, or township police district shall29363
maintain a record of motor vehicles that the sheriff or chief29364
orders into storage pursuant to division (A)(1) of this section29365
and of vehicles removed from private property in the sheriff's or29366
chief's jurisdiction that is established as a private tow-away29367
zone of which the sheriff or chief has received notice under29368
division (D)(1) of this section. The record shall include an29369
entry for each such motor vehicle or vehicle that identifies the29370
motor vehicle's or vehicle's license number, make, model, and29371
color, the location from which it was removed, the date and time29372
of its removal, the telephone number of the person from whom it29373
may be recovered, and the address of the place to which it has29374
been taken and from which it may be recovered. Any information in29375
the record that pertains to a particular motor vehicle or vehicle29376
shall be provided to any person who, either in person or pursuant29377
to a telephone call, identifies self as the owner or operator of29378
the motor vehicle or vehicle and requests information pertaining29379
to its location.29380

       (3) Any person who registers a complaint that is the basis29381
of a sheriff's or police chief's order for the removal and storage29382
of a motor vehicle under division (A)(1) of this section shall29383
provide the identity of the law enforcement agency with which the29384
complaint was registered to any person who identifies self as the29385
owner or operator of the motor vehicle and requests information29386
pertaining to its location.29387

       (E) The owner of a motor vehicle that is ordered into29388
storage pursuant to division (A)(1) of this section or of a29389
vehicle that is removed under authority of division (B)(2) of this29390
section may reclaim it upon payment of any expenses or charges29391
incurred in its removal, in an amount not to exceed ninety29392
dollars, and storage, in an amount not to exceed twelve dollars29393
per twenty-four-hour period; except that the charge for towing29394
shall not exceed one hundred fifty dollars, and the storage charge29395
shall not exceed twenty dollars per twenty-four-hour period, if29396
the vehicle has a manufacturer's gross vehicle weight rating in29397
excess of ten thousand pounds and is a truck, bus, or a29398
combination of a commercial tractor and trailer or semitrailer.29399
Presentation of proof of ownership, which may be evidenced by a29400
certificate of title to the motor vehicle or vehicle also shall be29401
required for reclamation of the vehicle. If a motor vehicle that29402
is ordered into storage pursuant to division (A)(1) of this29403
section remains unclaimed by the owner for thirty days, the29404
procedures established by sections 4513.61 and 4513.62 of the29405
Revised Code shall apply.29406

       (F) No person shall remove, or cause the removal of, any29407
vehicle from private property that is established as a private29408
tow-away zone under division (B)(1) of this section other than in29409
accordance with division (B)(2) of this section, and no person29410
shall remove, or cause the removal of, any motor vehicle from any29411
other private property other than in accordance with division29412
(A)(1) of this section or sections 4513.61 to 4513.65 of the29413
Revised Code.29414

       (G)(1) Whoever violates division (B)(3) of this section is29415
guilty of a minor misdemeanor.29416

       (2) Except as otherwise provided in this division, whoever29417
violates division (F) of this section is guilty of a minor29418
misdemeanor. If the offender previously has been convicted of or29419
pleaded guilty to a violation of division (F) of this section,29420
whoever violates division (F) of this section is guilty of a29421
misdemeanor of the third degree.29422

       Sec. 4513.64. (A) No person shall willfully leave an29423
abandoned junk motor vehicle as defined in section 4513.63 of the29424
Revised Code on private property for more than seventy-two hours29425
without the permission of the person having the right to the29426
possession of the property, or on a public street or other29427
property open to the public for purposes of vehicular travel or29428
parking, or upon or within the right-of-way of any road or29429
highway, for forty-eight hours or longer without notification to29430
the sheriff of the county or chief of police of the municipal29431
corporation, township, or township police district of the reasons29432
for leaving the motor vehicle in such place.29433

       For purposes of this section, the fact that a motor vehicle29434
has been so left without permission or notification is prima-facie29435
evidence of abandonment.29436

       Nothing contained in sections 4513.60, 4513.61, and 4513.6329437
of the Revised Code shall invalidate the provisions of municipal29438
ordinances or township resolutions regulating or prohibiting the29439
abandonment of motor vehicles on streets, highways, public29440
property, or private property within municipal corporations or29441
townships.29442

       (B)Whoever violates this section is guilty of a minor29443
misdemeanor and shall also be assessed any costs incurred by the29444
county, township, or municipal corporation in disposing of the29445
abandoned junk motor vehicle that is the basis of the violation,29446
less any money accruing to the county, to the township, or to the29447
municipal corporation from this disposal of the vehicle.29448

       Sec. 4513.65. (A) For purposes of this section, "junk motor29449
vehicle" means any motor vehicle meeting the requirements of29450
divisions (B), (C), (D), and (E) of section 4513.63 of the Revised29451
Code that is left uncovered in the open on private property for29452
more than seventy-two hours with the permission of the person29453
having the right to the possession of the property, except if the29454
person is operating a junk yard or scrap metal processing facility29455
licensed under authority of sections 4737.05 to 4737.12 of the29456
Revised Code, or regulated under authority of a political29457
subdivision; or if the property on which the motor vehicle is left29458
is not subject to licensure or regulation by any governmental29459
authority, unless the person having the right to the possession of29460
the property can establish that the motor vehicle is part of a29461
bona fide commercial operation; or if the motor vehicle is a29462
collector's vehicle.29463

       No political subdivision shall prevent a person from storing29464
or keeping, or restrict hima person in the method of storing or29465
keeping, any collector's vehicle on private property with the29466
permission of the person having the right to the possession of the29467
property; except that a political subdivision may require a person29468
having such permission to conceal, by means of buildings, fences,29469
vegetation, terrain, or other suitable obstruction, any unlicensed29470
collector's vehicle stored in the open.29471

       The sheriff of a county, or chief of police of a municipal29472
corporation, within histhe sheriff's or chief's respective29473
territorial jurisdiction, a state highway patrol trooper, a board29474
of township trustees, the legislative authority of a municipal29475
corporation, or the zoning authority of a township or a municipal29476
corporation, may send notice, by certified mail with return29477
receipt requested, to the person having the right to the29478
possession of the property on which a junk motor vehicle is left,29479
that within ten days of receipt of the notice, the junk motor29480
vehicle either shall be covered by being housed in a garage or29481
other suitable structure, or shall be removed from the property.29482

       No person shall willfully leave a junk motor vehicle29483
uncovered in the open for more than ten days after receipt of a29484
notice as provided in this section. The fact that a junk motor29485
vehicle is so left is prima-facie evidence of willful failure to29486
comply with the notice, and each subsequent period of thirty days29487
that a junk motor vehicle continues to be so left constitutes a29488
separate offense.29489

       (B) Except as otherwise provided in this division, whoever29490
violates this section is guilty of a minor misdemeanor on a first29491
offense. If the offender previously has been convicted of or29492
pleaded guilty to one violation of this section, whoever violates29493
this section is guilty of a misdemeanor of the fourth degree. If29494
the offender previously has been convicted of or pleaded guilty to29495
two or more violations of this section, whoever violates this29496
section is guilty of a misdemeanor of the third degree.29497

       Sec. 4513.99.  (A) Whoever violates division (C), (D), (E),29498
or (F) of section 4513.241, section 4513.261, 4513.262, or29499
4513.36, or division (B)(3) of section 4513.60 of the Revised Code29500
is guilty of a minor misdemeanor.29501

       (B) Whoever violates section 4513.02 or 4513.021, or29502
division (B)(4) of section 4513.263, or division (F) of section29503
4513.60 of the Revised Code is guilty of a minor misdemeanor on a29504
first offense; on a second or subsequent offense such person is29505
guilty of a misdemeanor of the third degree.29506

       (C)Any violation of section 4513.03, 4513.04, 4513.05,29507
4513.06, 4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111,29508
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,29509
4513.18, 4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21,29510
4513.22, 4513.23, 4513.24, 4513.242, 4513.25, 4513.26, 4513.27,29511
4513.28, 4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the29512
Revised Code shall be punished under division (B) of this section.29513

       (B) Whoever violates the sections of this chapter that are29514
specifically required to be punished under this division, or any29515
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of29516
the Revised Code, for which violation no penalty is otherwise29517
provided, is guilty of a minor misdemeanor on a first offense; on29518
a second offense within one year after the first offense, suchthe29519
person is guilty of a misdemeanor of the fourth degree; on each29520
subsequent offense within one year after the first offense, such29521
the person is guilty of a misdemeanor of the third degree.29522

       (D) Whoever violates section 4513.64 of the Revised Code is29523
guilty of a minor misdemeanor, and shall also be assessed any29524
costs incurred by the county, township, or municipal corporation29525
in disposing of such abandoned junk motor vehicle, less any money29526
accruing to the county, to the township, or to the municipal29527
corporation from such disposal.29528

       (E) Whoever violates section 4513.65 of the Revised Code is29529
guilty of a minor misdemeanor on a first offense; on a second29530
offense, such person is guilty of a misdemeanor of the fourth29531
degree; on each subsequent offense, such person is guilty of a29532
misdemeanor of the third degree.29533

       (F) Whoever violates division (B)(1) of section 4513.263 of29534
the Revised Code shall be fined thirty dollars.29535

       (G) Whoever violates division (B)(3) of section 4513.263 of29536
the Revised Code shall be fined twenty dollars.29537

       (H) Whoever violates section 4513.361 or division (A) of29538
section 4513.51 of the Revised Code is guilty of a misdemeanor of29539
the first degree.29540

       Sec. 4517.02.  (A) Except as otherwise provided in this29541
section, no person shall do any of the following:29542

       (1) Engage in the business of displaying or selling at29543
retail new motor vehicles or assume to engage in such business,29544
unless the person is licensed as a new motor vehicle dealer under29545
sections 4517.01 to 4517.45 of the Revised Code, or is a29546
salesperson licensed under those sections and employed by a29547
licensed new motor vehicle dealer;29548

       (2) Engage in the business of offering for sale, displaying29549
for sale, or selling at retail or wholesale used motor vehicles or29550
assume to engage in that business, unless the person is licensed29551
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,29552
or is a salesperson licensed under those sections and employed by29553
a licensed used motor vehicle dealer or licensed new motor vehicle29554
dealer;29555

       (3) Engage in the business of regularly making available,29556
offering to make available, or arranging for another person to use29557
a motor vehicle, in the manner described in division (M) of29558
section 4517.01 of the Revised Code, unless the person is licensed29559
as a motor vehicle leasing dealer under sections 4517.01 to29560
4517.45 of the Revised Code;29561

       (4) Engage in the business of motor vehicle auctioning or29562
assume to engage in such business, unless the person is licensed29563
as a motor vehicle auction owner under sections 4517.01 to 4517.4529564
and 4707.01 to 4707.99 of the Revised Code;29565

       (5) Engage in the business of distributing motor vehicles or29566
assume to engage in such business, unless the person is licensed29567
as a distributor under sections 4517.01 to 4517.45 of the Revised29568
Code;29569

       (6) Make more than five casual sales of motor vehicles in a29570
twelve-month period, commencing with the day of the month in which29571
the first such sale is made, nor provide a location or space for29572
the sale of motor vehicles at a flea market, without obtaining a29573
license as a dealer under sections 4517.01 to 4517.45 of the29574
Revised Code; provided however that nothing in this section shall29575
be construed to prohibit the disposition without a license of a29576
motor vehicle originally acquired and held for purposes other than29577
sale, rental, or lease to an employee, retiree, officer, or29578
director of the person making the disposition, to a corporation29579
affiliated with the person making the disposition, or to a person29580
licensed under sections 4517.01 to 4517.45 of the Revised Code;29581

       (7) Engage in the business of brokering manufactured homes29582
unless that person is licensed as a manufactured home broker under29583
sections 4517.01 to 4517.45 of the Revised Code.29584

       (B) Nothing in this section shall be construed to require an29585
auctioneer licensed under sections 4707.01 to 4707.19 of the29586
Revised Code, to obtain a motor vehicle salesperson's license29587
under sections 4517.01 to 4517.45 of the Revised Code when29588
conducting an auction sale for a licensed motor vehicle dealer on29589
the dealer's premises, or when conducting an auction sale for a29590
licensed motor vehicle auction owner; nor shall such an auctioneer29591
be required to obtain a motor vehicle auction owner's license29592
under sections 4517.01 to 4517.45 of the Revised Code when engaged29593
in auctioning for a licensed motor vehicle auction owner.29594

       (C) Sections 4517.01 to 4517.45 of the Revised Code do not29595
apply to any of the following:29596

       (1) Persons engaging in the business of selling commercial29597
tractors, trailers, or semitrailers incidentally to engaging29598
primarily in business other than the selling or leasing of motor29599
vehicles;29600

       (2) Mortgagees selling at retail only those motor vehicles29601
that have come into their possession by a default in the terms of29602
a mortgage contract;29603

       (3) The leasing, rental, and interchange of motor vehicles29604
used directly in the rendition of a public utility service by29605
regulated motor carriers.29606

       (D) When a partnership licensed under sections 4517.01 to29607
4517.45 of the Revised Code is dissolved by death, the surviving29608
partners may operate under the license for a period of sixty days,29609
and the heirs or representatives of deceased persons and receivers29610
or trustees in bankruptcy appointed by any competent authority may29611
operate under the license of the person succeeded in possession by29612
such heir, representative, receiver, or trustee in bankruptcy.29613

       (E) No remanufacturer shall engage in the business of29614
selling at retail any new motor vehicle without having written29615
authority from the manufacturer or distributor of the vehicle to29616
sell new motor vehicles and to perform repairs under the terms of29617
the manufacturer's or distributor's new motor vehicle warranty,29618
unless, at the time of the sale of the vehicle, each customer is29619
furnished with a binding agreement ensuring that the customer has29620
the right to have the vehicle serviced or repaired by a new motor29621
vehicle dealer who is franchised to sell and service vehicles of29622
the same line-make as the chassis of the remanufactured vehicle29623
purchased by the customer and whose service or repair facility is29624
located within either twenty miles of the remanufacturer's29625
location and place of business or twenty miles of the customer's29626
residence or place of business. If there is no such new motor29627
vehicle dealer located within twenty miles of the remanufacturer's29628
location and place of business or the customer's residence or29629
place of business, the binding agreement furnished to the customer29630
may be with the new motor vehicle dealer who is franchised to sell29631
and service vehicles of the same line-make as the chassis of the29632
remanufactured vehicle purchased by the customer and whose service29633
or repair facility is located nearest to the remanufacturer's29634
location and place of business or the customer's residence or29635
place of business. Additionally, at the time of sale of any29636
vehicle, each customer of the remanufacturer shall be furnished29637
with a warranty issued by the remanufacturer for a term of at29638
least one year.29639

       (F)Except as otherwise provided in this division, whoever29640
violates this section is guilty of a minor misdemeanor and shall29641
be subject to a mandatory fine of one hundred dollars. If the29642
offender previously has been convicted of or pleaded guilty to a29643
violation of this section, whoever violates this section is guilty29644
of a misdemeanor of the first degree and shall be subject to a29645
mandatory fine of one thousand dollars.29646

       Sec. 4517.03.  (A) A place of business that is used for29647
selling, displaying, offering for sale, or dealing in motor29648
vehicles shall be considered as used exclusively for those29649
purposes even though snowmobiles, farm machinery, outdoor power29650
equipment, watercraft and related products, or products29651
manufactured or distributed by a motor vehicle manufacturer with29652
which the motor vehicle dealer has a franchise agreement are sold29653
or displayed there, or if repair, accessory, gasoline and oil,29654
storage, parts, service, or paint departments are maintained29655
there, or such products or services are provided there, if the29656
departments are operated or the products or services are provided29657
for the business of selling, displaying, offering for sale, or29658
dealing in motor vehicles. Places of business or departments in a29659
place of business used to dismantle, salvage, or rebuild motor29660
vehicles by means of using used parts, are not considered as being29661
maintained for the purpose of assisting or furthering the selling,29662
displaying, offering for sale, or dealing in motor vehicles. A29663
place of business shall be considered as used exclusively for29664
selling, displaying, offering for sale, or dealing in motor29665
vehicles even though a business owned by a motor vehicle leasing29666
dealer or a motor vehicle renting dealer is located at the place29667
of business.29668

       (B) No new motor vehicle dealer shall sell, display, offer29669
for sale, or deal in motor vehicles at any place except an29670
established place of business that is used exclusively for the29671
purpose of selling, displaying, offering for sale, or dealing in29672
motor vehicles. The place of business shall have space, under29673
roof, for the display of at least one new motor vehicle and29674
facilities and space therewith for the inspection, servicing, and29675
repair of at least one motor vehicle; except that a new motor29676
vehicle dealer selling manufactured or mobile homes is exempt from29677
the requirement that a place of business have space, under roof,29678
for the display of at least one new motor vehicle and facilities29679
and space for the inspection, servicing, and repair of at least29680
one motor vehicle.29681

       Nothing in Chapter 4517. of the Revised Code shall be29682
construed as prohibiting the sale of a new or used manufactured or29683
mobile home located in a manufactured home park by a licensed new29684
or used motor vehicle dealer.29685

       (C) No used motor vehicle dealer shall sell, display, offer29686
for sale, or deal in motor vehicles at any place except an29687
established place of business that is used exclusively for the29688
purpose of selling, displaying, offering for sale, or dealing in29689
motor vehicles.29690

       (D) No motor vehicle leasing dealer shall make a motor29691
vehicle available for use by another, in the manner described in29692
division (M) of section 4517.01 of the Revised Code, at any place29693
except an established place of business that is used for leasing29694
motor vehicles; except that a motor vehicle leasing dealer who is29695
also a new motor vehicle dealer or used motor vehicle dealer may29696
lease motor vehicles at the same place of business at which the29697
dealer sells, offers for sale, or deals in new or used motor29698
vehicles.29699

       (E) No motor vehicle leasing dealer or motor vehicle renting29700
dealer shall sell a motor vehicle within ninety days after a29701
certificate of title to the motor vehicle is issued to the dealer,29702
except when a salvage certificate of title is issued to replace29703
the original certificate of title and except when a motor vehicle29704
leasing dealer sells a motor vehicle to another motor vehicle29705
leasing dealer at the end of a sublease pursuant to that sublease.29706

       (F) No distributor shall distribute new motor vehicles to29707
new motor vehicle dealers at any place except an established place29708
of business that is used exclusively for the purpose of29709
distributing new motor vehicles to new motor vehicle dealers;29710
except that a distributor who is also a new motor vehicle dealer29711
may distribute new motor vehicles at the same place of business at29712
which the distributor sells, displays, offers for sale, or deals29713
in new motor vehicles.29714

       (G) No person, firm, or corporation that sells, displays, or29715
offers for sale tent-type fold-out camping trailers is subject to29716
the requirement that the person's, firm's, or corporation's place29717
of business be used exclusively for the purpose of selling,29718
displaying, offering for sale, or dealing in motor vehicles. No29719
person, firm, or corporation that sells, displays, or offers for29720
sale tent-type fold-out camping trailers, trailers, semitrailers,29721
or park trailers is subject to the requirement that the place of29722
business have space, under roof, for the display of at least one29723
new motor vehicle and facilities and space for the inspection,29724
servicing, and repair of at least one motor vehicle.29725

       (H) No manufactured or mobile home broker shall engage in29726
the business of brokering manufactured or mobile homes at any29727
place except an established place of business that is used29728
exclusively for the purpose of brokering manufactured or mobile29729
homes.29730

       (I) Nothing in this section shall be construed to prohibit29731
persons licensed under this chapter from making sales calls.29732

       (J) Whoever violates this section is guilty of a misdemeanor29733
of the fourth degree.29734

       (K) As used in this section:29735

       (1) "Motor vehicle leasing dealer" has the same meaning as29736
in section 4517.01 of the Revised Code.29737

       (2) "Motor vehicle renting dealer" has the same meaning as29738
in section 4549.65 of the Revised Code.29739

       (3) "Watercraft" has the same meaning as in section 1547.0129740
of the Revised Code.29741

       Sec. 4517.19. (A) No motor vehicle wholesaler shall:29742

       (A)(1) Sell, offer for sale, or display for sale at29743
wholesale a motor vehicle, when the motor vehicle wholesaler has29744
reasonable cause to believe that the odometer of the motor vehicle29745
has been changed, tampered with, or disconnected to reflect a29746
lesser mileage or use, unless the motor vehicle wholesaler first29747
gives clear and unequivocal notice of the odometer's altered29748
condition;29749

       (B)(2) Sell or offer for sale at wholesale a motor vehicle29750
unless the motor vehicle wholesaler is the legal owner of the29751
motor vehicle;29752

       (C)(3) Sell, offer for sale, or display for sale at29753
wholesale a motor vehicle without making available an odometer29754
disclosure statement that is signed by the owner of the motor29755
vehicle as required by section 4505.06 of the Revised Code and29756
that complies with subchapter IV of the "Motor Vehicle Information29757
and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981;29758

       (D)(4) Fail, within ten days of acceptance of an offer for29759
sale at wholesale, to deliver an Ohio certificate of title or the29760
current certificate of title issued for the motor vehicle, and all29761
title assignments that evidence the seller's ownership of the29762
motor vehicle, to the purchaser of the motor vehicle. Failure to29763
deliver title within ten days of acceptance of an offer for sale29764
at wholesale is grounds for rescission of the agreement to buy.29765

       (B)Except as otherwise provided in this division, whoever29766
violates this section is guilty of a misdemeanor of the second29767
degree. If the offender previously has been convicted of or29768
pleaded guilty to a violation of this section, whoever violates29769
this section is guilty of a misdemeanor of the first degree.29770

       Sec. 4517.20. (A) No motor vehicle dealer licensed under29771
Chapter 4517. of the Revised Code shall do any of the following:29772

       (A)(1) Directly or indirectly, solicit the sale of a motor29773
vehicle through a pecuniarily interested person other than a29774
salesperson licensed in the employ of a licensed dealer;29775

       (B)(2) Pay any commission or compensation in any form to any29776
person in connection with the sale of a motor vehicle unless the29777
person is licensed as a salesperson in the employ of the dealer;29778

       (C)(3) Fail to immediately notify the registrar of motor29779
vehicles upon termination of the employment of any person licensed29780
as a salesperson to sell, display, offer for sale, or deal in29781
motor vehicles for the dealer;29782

       (D)(4) Knowingly engage in any wholesale motor vehicle29783
transaction with any person required to be licensed pursuant to29784
Chapter 4517. of the Revised Code, if the person is not licensed29785
pursuant to that chapter, if the person's license to operate as a29786
dealer has been suspended or revoked, or if the person's29787
application for a license to operate as a dealer has been denied.29788

       (B)Whoever violates this section is guilty of a misdemeanor29789
of the fourth degree.29790

       Sec. 4517.21. (A) No motor vehicle auction owner licensed29791
under Chapter 4517. of the Revised Code shall:29792

       (A)(1) Engage in the sale of motor vehicles at retail from29793
the same licensed location;29794

       (B)(2) Knowingly permit the auctioning of a motor vehicle if29795
the motor vehicle auction owner has reasonable cause to believe it29796
is not being offered for sale by the legal owner of the motor29797
vehicle;29798

       (C)(3) Knowingly permit the sale of a motor vehicle to any29799
person except a motor vehicle dealer licensed in this state or any29800
other jurisdiction, or any other person licensed pursuant to29801
Chapter 4517. of the Revised Code or a substantially similar29802
statute of any other jurisdiction;29803

       (D)(4) Knowingly permit the sale of a motor vehicle by any29804
person who is not licensed pursuant to Chapter 4517. of the29805
Revised Code;29806

       (E)(5) Knowingly permit any person to violate section29807
4517.19 of the Revised Code;29808

       (F)(6) Deny reasonable inspection of the motor vehicle29809
auction owner's business records, relating to the sale of motor29810
vehicles, to the registrar of motor vehicles or the attorney29811
general, when requested in writing to do so. The motor vehicle29812
auction owner shall maintain for a period of six years from the29813
date of the sale of a motor vehicle at least the following29814
information:29815

       (1)(a) The year, make, model and vehicle identification29816
number of the motor vehicle;29817

       (2)(b) The name and address of the selling dealer;29818

       (3)(c) The name and address of the buying dealer;29819

       (4)(d) The date of the sale;29820

       (5)(e) The purchase price;29821

       (6)(f) The odometer reading of the motor vehicle at the time29822
of sale and an odometer disclosure statement from the seller that29823
complies with subchapter IV of the "Motor Vehicle Information and29824
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.29825

       A motor vehicle auction owner may supplement the required29826
information with any additional information the motor vehicle29827
auction owner considers appropriate.29828

       (G)(7) Knowingly permit a dealer whose license has been29829
suspended or revoked, or a person whose application for a license29830
to operate as a dealer has been denied, to participate as a buyer29831
or seller at the motor vehicle auction owner's auction after29832
notification by the registrar of the suspension or revocation of a29833
license, or denial of an application for a license. The registrar29834
shall notify each auction owner by certified mail, return receipt29835
requested, within five business days of the suspension or29836
revocation of a license, or the denial of an application for29837
license. Any motor vehicle auction owner who has knowledge of the29838
presence at the motor vehicle auction owner's auction of a dealer29839
whose license has been suspended or revoked, or of a person whose29840
application for a license to operate as a dealer has been denied,29841
shall immediately cause the removal of the person from the29842
auction.29843

       (H)(8) Knowingly accept a motor vehicle for sale or possible29844
sale by a dealer whose license has been suspended or revoked,29845
during the period of suspension or revocation, or by a person29846
whose application for a license to operate as a dealer has been29847
denied, after notification by the registrar, in accordance with29848
division (G) of this section, of the suspension or revocation of29849
the license, or denial of an application for a license.29850

       (I)(9) Knowingly permit the auctioning of a motor vehicle29851
whose ownership is not evidenced at the time of auctioning by a29852
current certificate of title or a manufacturer's certificate of29853
origin, and all title assignments that evidence the seller's29854
ownership of the motor vehicle, without first giving clear and29855
unequivocal notice of the lack of such evidence.29856

       (B)Whoever violates this section is guilty of a misdemeanor29857
of the fourth degree.29858

       Sec. 4517.22.  (A) Any group of licensed new motor vehicle29859
dealers may display motor vehicles at a motor vehicle show within29860
the general market area allocated to a licensed new motor vehicle29861
dealer, whenever all of the following conditions are met:29862

       (1) The primary purpose of the motor vehicle show is the29863
exhibition of competitive makes and models of motor vehicles to29864
provide the general public the opportunity to review and inspect29865
various makes and models of motor vehicles at a single location;29866

       (2) Not less than thirty days before the planned opening29867
date of the motor vehicle show, the group requests and receives29868
permission to hold the show from the registrar of motor vehicles.29869

       (B) No contracts shall be signed, deposits taken, or sales29870
consummated at the location of a motor vehicle show.29871

       (C) Any sponsor of a motor vehicle show shall offer by mail29872
an invitation to all new motor vehicle dealers dealing in29873
competitive types of motor vehicles in the general market area to29874
participate and display motor vehicles in the show. The sponsor29875
may offer a similar invitation to manufacturers or distributors. A29876
copy of each invitation shall be retained by the sponsor for at29877
least one year after the show.29878

       (D) No person except a manufacturer or distributor shall29879
hold in any public place a motor vehicle show at which only one29880
motor vehicle is displayed, and no such single unit show shall be29881
held unless the manufacturer or distributor requests and receives29882
permission from the registrar not less than thirty days before the29883
show.29884

       (E) The registrar shall not grant permission for any motor29885
vehicle show to be held, unless it is proven to the registrar's29886
satisfaction that no attempt is being made to circumvent the29887
provisions of sections 4517.01 to 4517.45 of the Revised Code.29888

       (F) Nothing contained in this section shall be construed as29889
prohibiting the taking of orders for nonmotorized recreational29890
vehicles as defined in section 4501.01 of the Revised Code at29891
sports or camping shows.29892

       (G) No motor vehicle dealer, motor vehicle leasing dealer,29893
motor vehicle auction owner, or distributor licensed under29894
sections 4517.01 to 4517.45 of the Revised Code shall display a29895
motor vehicle at any place except the dealer's, owner's, or29896
distributor's licensed location, unless the dealer, owner, or29897
distributor first obtains permission from the registrar and29898
complies with the applicable rules of the motor vehicle dealers29899
board.29900

       (H) Nothing contained in this section shall be construed as29901
prohibiting the display of, the taking of orders for, or the sale29902
of, livestock trailers at livestock and agricultural shows,29903
including county fairs. Notwithstanding section 4517.03 of the29904
Revised Code, livestock trailers may be sold at livestock and29905
agricultural shows, including county fairs, as permitted by this29906
division.29907

       As used in this division, "livestock trailer" means a new or29908
used trailer designed by its manufacturer to be used to transport29909
horses or to transport animals generally used for food or in the29910
production of food, including cattle, sheep, goats, rabbits,29911
poultry, swine, and any other animals included by the director of29912
agriculture in rules adopted under section 901.72 of the Revised29913
Code.29914

       (I) Notwithstanding division (B) of this section, contracts29915
may be signed, deposits taken, and sales consummated at the29916
location of a motor vehicle show where the motor vehicles involved29917
are horse trailers or towing vehicles that are trucks and have a29918
gross vehicle weight of more than three-quarters of a ton, the29919
motor vehicle show is being held as part of or in connection with29920
a major livestock show, the licensed new motor vehicle dealers29921
involved have complied with the applicable requirements of this29922
section, and the registrar has granted permission for the motor29923
vehicle show in accordance with division (E) of this section.29924

       As used in this division (I) of this section:29925

       (1) "Major livestock show" means any show of livestock that29926
is held at the Ohio state fairgrounds, is national in scope, and29927
that continues for more than ten consecutive days.29928

       (2) "Truck" has the same meaning as in section 4511.01 of29929
the Revised Code.29930

       (3) "Gross vehicle weight" means the unladen weight of the29931
vehicle fully equipped.29932

       (J)Whoever violates this section is guilty of a misdemeanor29933
of the fourth degree.29934

       Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor29935
vehicle leasing dealer, manufactured home broker, or distributor29936
shall notify the registrar of motor vehicles concerning any change29937
in status as a dealer, motor vehicle leasing dealer, manufactured29938
home broker, or distributor during the period for which the29939
dealer, broker, or distributor is licensed, if the change of29940
status concerns any of the following:29941

       (A)(1) Personnel of owners, partners, officers, or29942
directors;29943

       (B)(2) Location of office or principal place of business;29944

       (C)(3) In the case of a motor vehicle dealer, any contract29945
or agreement with any manufacturer or distributor; and in the case29946
of a distributor, any contract or agreement with any manufacturer.29947

       (B) The notification required by division (A) of this29948
section shall be made by filing with the registrar, within fifteen29949
days after the change of status, a supplemental statement in a29950
form prescribed by the registrar showing in what respect the29951
status has been changed. If the change involves a change in any29952
contract or agreement between any manufacturer or distributor, and29953
dealer, or any manufacturer and distributor, the supplemental29954
statement shall be accompanied by such copies of contracts,29955
statements, and certificates as would have been required by29956
sections 4517.01 to 4517.45 of the Revised Code if the change had29957
occurred prior to the licensee's application for license.29958

       The motor vehicle dealers board may adopt a rule exempting29959
from the notification requirement of division (A)(1) of this29960
section any dealer if stock in the dealer or its parent company is29961
publicly traded and if there are public records with state or29962
federal agencies that provide the information required by division29963
(A)(1) of this section.29964

       (C)Whoever violates this section is guilty of a misdemeanor29965
of the fourth degree.29966

       Sec. 4517.24. (A) No two motor vehicle dealers shall engage29967
in business at the same location, unless they agree to be jointly,29968
severally, and personally liable for any liability arising from29969
their engaging in business at the same location. The agreement29970
shall be filed with the motor vehicle dealers board, and shall29971
also be made a part of the articles of incorporation of each such29972
dealer filed with the secretary of state. Whenever the board has29973
reason to believe that a dealer who has entered into such an29974
agreement has revoked the agreement but continues to engage in29975
business at the same location, the board shall revoke the29976
dealer's license.29977

       (B) This section does not apply to two or more motor vehicle29978
dealers engaged in the business of selling new or used29979
manufactured or mobile homes in the same manufactured home park.29980

       (C) Whoever violates this section is guilty of a misdemeanor29981
of the fourth degree.29982

       Sec. 4517.25. (A) Every dealer shall maintain a mileage29983
disclosure statement from the previous owner of each motor vehicle29984
the dealer sells, purchases, or receives as a trade on another29985
motor vehicle. The mileage disclosure statement shall be in such29986
form and include such information as the motor vehicle dealers29987
board requires by rule.29988

       (B)Whoever violates this section is guilty of a misdemeanor29989
of the fourth degree.29990

       Sec. 4517.26. (A) Every retail and wholesale sale of a29991
motor vehicle shall be preceded by a written instrument or29992
contract that shall contain all of the agreements of the parties29993
and shall be signed by the buyer and the seller. The seller, upon29994
execution of the agreement or contract and before the delivery of29995
the motor vehicle, shall deliver to the buyer a copy of the29996
agreement or contract that shall clearly describe the motor29997
vehicle sold to the buyer, including, where applicable, its29998
vehicle identification number and the mileage appearing on the29999
odometer of the vehicle at the time of sale and whether the30000
mileage is accurate; the sale price of the vehicle, and, if30001
applicable, the amount paid down by the buyer; the amount credited30002
to the buyer for any trade-in, and a description thereof; the30003
amount of any finance charge; the amount charged for any motor30004
vehicle insurance, and a statement of the types of insurance30005
provided by the policy or policies; the amount of any other30006
charge, and a specification of its purpose; the net balance due30007
from the buyer; and the terms of the payment of the net balance.30008

       This section does not apply to a casual sale of a motor30009
vehicle.30010

       (B)Whoever violates this section is guilty of a misdemeanor30011
of the fourth degree.30012

       Sec. 4517.27. (A) In accordance with Chapter 119. of the30013
Revised Code, the registrar of motor vehicles shall adopt rules30014
for the regulation of manufactured home brokers. The rules shall30015
require that a manufactured home broker maintain a bond of a30016
surety company authorized to transact business in this state in an30017
amount determined by the registrar. The rules also shall require30018
each person licensed as a manufactured home broker to maintain at30019
all times a special or trust bank account that is30020
noninterest-bearing, is separate and distinct from any personal or30021
other account of the broker, and into which shall be deposited and30022
maintained all escrow funds, security deposits, and other moneys30023
received by the broker in a fiduciary capacity. In a form30024
determined by the registrar, a manufactured home broker shall30025
submit written proof to the registrar of the continued maintenance30026
of the special or trust account. A depository where special or30027
trust accounts are maintained in accordance with this section30028
shall be located in this state.30029

       (B)Whoever violates this section is guilty of a misdemeanor30030
of the fourth degree.30031

       Sec. 4517.40. (A) No person who is engaged in or about to30032
engage in the business of selling motor vehicles at retail shall30033
enter into any contract, agreement, or understanding, express or30034
implied, with any manufacturer or distributor of motor vehicles,30035
that hethe person will sell only to a designated person or class30036
of persons all or any part of the retail installment contracts30037
arising out of the sale by himthe person of motor vehicles, or30038
that hethe person will refuse to sell such retail installment30039
contracts to any designated person or class of persons. Any such30040
contract, agreement, or understanding is void.30041

       (B)Whoever violates this section is guilty of a misdemeanor30042
of the fourth degree.30043

       Sec. 4517.41. (A) No manufacturer or distributor of motor30044
vehicles, or the officer, agent, or representative of such30045
manufacturer or distributor, shall induce or coerce, or attempt to30046
induce or coerce, any retail motor vehicle dealer or prospective30047
retail motor vehicle dealer to sell or refuse to sell all or any30048
portion of histhe dealer's or prospective dealer's retail30049
installment contracts to any person or class of persons designated30050
by the manufacturer or distributor, by means of any statement,30051
suggestion, promise, or threat, made directly or indirectly, that30052
the manufacturer or distributor will in any manner injure or30053
benefit the dealer, or by means of any act of the manufacturer or30054
distributor that has benefited or injured the dealer, or by means30055
of any statement or representation, made directly or indirectly,30056
that the dealer is under any obligation to make or refuse to make30057
such sale.30058

       (B)Whoever violates this section is guilty of a misdemeanor30059
of the fourth degree.30060

       Sec. 4517.42. (A) No person engaged in the business of30061
buying retail installment contracts from motor vehicle dealers in30062
this state, and no officer, agent, or representative of such30063
person, shall purchase or attempt to purchase any such retail30064
installment contract from any motor vehicle dealer in this state30065
in the following circumstances:30066

       (A)(1) When the dealer in consequence of any contract,30067
agreement, or arrangement between such person and a manufacturer30068
or distributor supplying motor vehicles to the dealer has been30069
induced or coerced to sell the retail installment contract by30070
means of any statement, suggestion, promise, or threat, made30071
directly or indirectly, that the manufacturer or distributor30072
supplying motor vehicles to the dealer would in any manner injure30073
or benefit the dealer, or by means of any act of the manufacturer30074
or distributor that has benefited or injured the dealer, or by30075
means of any statement or representation, made directly or30076
indirectly, that the dealer is under any obligation to make such30077
sale;30078

       (B)(2) When such person has received or has contracted to30079
receive from any manufacturer or distributor supplying motor30080
vehicles to the dealer, or has given or contracted to give to the30081
manufacturer or distributor, any subsidy or thing of service or30082
value, where the effect of the giving or receiving of the subsidy30083
or thing of service or value may be to lessen or eliminate30084
competition in the business of purchasing retail installment30085
contracts from motor vehicle dealers or may tend to grant an30086
unfair trade advantage or to create a monopoly in such person.30087

       (B)Whoever violates this section is guilty of a misdemeanor30088
of the fourth degree.30089

       Sec. 4517.43. (A) The applications for licenses and the30090
copies of contracts required by sections 4517.04, 4517.05,30091
4517.051, 4517.052, 4517.06, 4517.07, 4517.08, and 4517.09 of the30092
Revised Code are not part of the public records but are30093
confidential information for the use of the registrar of motor30094
vehicles and the motor vehicle dealers board. No person shall30095
divulge any information contained in such applications and30096
acquired by the person in the person's capacity as an official or30097
employee of the bureau of motor vehicles or of the board, except30098
in a report to the registrar, to the board, or when called upon to30099
testify in any court or proceeding.30100

       (B)Whoever violates this section is guilty of a minor30101
misdemeanor.30102

       Sec. 4517.44. (A) No manufacturer or distributor of motor30103
vehicles, dealer in motor vehicles, or manufactured home broker,30104
nor any owner, proprietor, person in control, or keeper of any30105
garage, stable, shop, or other place of business, shall fail to30106
keep or cause to be kept any record required by law.30107

       (B)Whoever violates this section is guilty of a minor30108
misdemeanor.30109

       Sec. 4517.45. (A) No dealer licensed to sell motor vehicles30110
at retail in this state under Chapter 4517. of the Revised Code30111
shall attach to any motor vehicle offered for sale by himthe30112
dealer any tag or placard bearing histhe dealer's name, or the30113
name of histhe dealer's place of business, whenever the method of30114
attachment involves drilling or otherwise creating holes in any30115
part of the body or trim of the vehicle, unless the purchaser30116
consents in writing to such method of attachment.30117

       Any damage to the body or trim of a motor vehicle that30118
results from a violation of this section shall, at the request of30119
the purchaser of the vehicle, be repaired by the dealer in a30120
manner acceptable to the purchaser, and at no cost to himthe30121
purchaser.30122

       (B) Whoever violates this section is guilty of a minor30123
misdemeanor.30124

       Sec. 4517.64. (A) No franchisor shall do any of the30125
following:30126

       (A)(1) Fail to obey a requirement or order made by the motor30127
vehicle dealers board, or the order of any court upon application30128
of the board;30129

       (B)(2) Fail to perform a duty imposed upon it by sections30130
4517.50 to 4517.65 of the Revised Code, or do any act prohibited30131
by those sections.30132

       (B) No franchisee or prospective transferee shall fail to30133
perform a duty imposed upon it by sections 4517.50 to 4517.65 of30134
the Revised Code or do any act prohibited by those sections.30135

       (C) Whoever violates division (A) or (B) of this section is30136
guilty of a misdemeanor of the fourth degree.30137

       Sec. 4517.99. (A) Whoever violates any provision of30138
sections 4517.01 to 4517.65 of the Revised Code, for which no30139
penalty is otherwise is provided in thisthe section that contains30140
the provision violated, or any rule promulgated by the registrar30141
of motor vehicles or the motor vehicle dealers board under30142
sections 4517.01 to 4517.45 of the Revised Code, is guilty of a30143
misdemeanor of the fourth degree.30144

       (B) Whoever violates sections 4517.43 to 4517.45 of the30145
Revised Code is guilty of a minor misdemeanor.30146

       (C) Whoever violates section 4517.02 of the Revised Code is30147
guilty of a minor misdemeanor on a first offense and shall be30148
subject to a mandatory fine of one hundred dollars; on each30149
subsequent offense such person is guilty of a misdemeanor of the30150
first degree and shall be subject to a mandatory fine of one30151
thousand dollars.30152

       (D) Whoever violates section 4517.19 of the Revised Code is30153
guilty of a misdemeanor of the second degree on a first offense;30154
on each subsequent offense the person is guilty of a misdemeanor30155
of the first degree.30156

       Sec. 4519.02.  (A) Except as provided in divisions (B), (C),30157
and (D) of this section, no person shall operate any snowmobile,30158
off-highway motorcycle, or all-purpose vehicle within this state30159
unless the snowmobile, off-highway motorcycle, or all-purpose30160
vehicle is registered and numbered in accordance with sections30161
4519.03 and 4519.04 of the Revised Code.30162

       (B) No registration is required for a snowmobile,30163
off-highway motorcycle, or all-purpose vehicle that is operated30164
exclusively upon lands owned by the owner of the snowmobile,30165
off-highway motorcycle, or all-purpose vehicle, or on lands to30166
which the owner has a contractual right.30167

       (C) No registration is required for a snowmobile,30168
off-highway motorcycle, or all-purpose vehicle owned and used in30169
this state by a resident of another state whenever that state has30170
in effect a registration law similar to this chapter and the30171
snowmobile, off-highway motorcycle, or all-purpose vehicle is30172
properly registered thereunder. Any snowmobile, off-highway30173
motorcycle, or all purpose vehicle owned and used in this state by30174
a resident of another state not having such a registration30175
requirement shall comply with section 4519.09 of the Revised Code.30176

       (D) No registration is required for a snowmobile,30177
off-highway motorcycle, or all-purpose vehicle owned and used in30178
this state by the United States, another state, or a political30179
subdivision thereof, but the snowmobile, off-highway motorcycle,30180
or all-purpose vehicle shall display the name of the owner30181
thereon.30182

       (E) The owner or operator of any all-purpose vehicle30183
operated or used upon the waters in this state shall comply with30184
Chapters 1547. and 1548. of the Revised Code relative to the30185
operation of watercraft.30186

       (F)Except as otherwise provided in this division, whoever30187
violates division (A) of this section shall be fined not more than30188
twenty-five dollars. If the offender previously has been30189
convicted of or pleaded guilty to a violation of division (A) of30190
this section, whoever violates division (A) of this section shall30191
be fined not less than twenty-five nor more than fifty dollars.30192

       Sec. 4519.05.  (A) Whenever a registered snowmobile,30193
off-highway motorcycle, or all-purpose vehicle is destroyed or30194
similarly disposed of, the owner shall surrender the certificate30195
of registration to the registrar of motor vehicles or a deputy30196
registrar within fifteen days following the destruction or30197
disposal. The registrar thereupon shall cancel the certificate30198
and enter that fact in the registrar's records.30199

       In the case of an off-highway motorcycle or all-purpose30200
vehicle for which a certificate of title has been issued, the30201
owner also shall surrender the certificate of title to the clerk30202
of the court of common pleas who issued it and the clerk, with the30203
consent of any lienholders noted thereon, shall enter a30204
cancellation upon the clerk's records and shall notify the30205
registrar of the cancellation. Upon the cancellation of a30206
certificate of title in the manner prescribed by this division,30207
the clerk and the registrar may cancel and destroy all30208
certificates of title and memorandum certificates of title in that30209
chain of title.30210

       (B) Subject to division (B) of section 4519.03 of the30211
Revised Code, whenever the ownership of a registered snowmobile,30212
off-highway motorcycle, or all-purpose vehicle is transferred by30213
sale or otherwise, the new owner, within fifteen days following30214
the transfer, shall make application to the registrar or a deputy30215
registrar for the transfer of the certificate of registration.30216
Upon receipt of the application and a fee of one dollar, the30217
registrar shall transfer the certificate to the new owner and30218
shall enter the new owner's name and address in the registrar's30219
records.30220

       (C) Whenever the owner of a registered snowmobile,30221
off-highway motorcycle, or all-purpose vehicle changes address,30222
the owner shall surrender the certificate of registration to the30223
registrar or a deputy registrar within fifteen days following the30224
address change. Upon receipt of the certificate, the registrar30225
shall enter the new address thereon and shall make the appropriate30226
change in the registrar's records. In a case where the owner's30227
change of address involves a move outside of the state, the30228
registrar shall cancel the certificate of registration for that30229
snowmobile, off-highway motorcycle, or all-purpose vehicle.30230

       (D) Whenever a certificate of registration for a snowmobile,30231
off-highway motorcycle, or all-purpose vehicle is lost, mutilated,30232
or destroyed, the owner may obtain a duplicate certificate, which30233
shall be identified as such, upon application and the payment of a30234
fee of one dollar.30235

       (E)Whoever violates division (A), (B), or (C) of this30236
section shall be fined not more than twenty-five dollars for a30237
first offense; for each subsequent offense, the offender shall be30238
fined not less than twenty-five nor more than fifty dollars.30239

       Sec. 4519.06. (A) Any person who is a dealer in30240
snowmobiles, off-highway motorcycles, or all-purpose vehicles30241
shall make application for registration, for each place in this30242
state at which the business of selling, manufacturing, leasing, or30243
renting snowmobiles, off-highway motorcycles, or all-purpose30244
vehicles is carried on. The application shall show the make of30245
snowmobile, off-highway motorcycle, or all-purpose vehicle30246
manufactured, sold, leased, or rented at such place, and shall be30247
accompanied by a fee of twenty-five dollars. Upon the filing of30248
the application and the payment of the fee therefor, the registrar30249
of motor vehicles shall assign to the applicant a distinctive30250
number. The number shall be displayed upon each snowmobile,30251
off-highway motorcycle, or all-purpose vehicle in the places30252
prescribed in section 4519.04 of the Revised Code whenever the30253
vehicle is being used prior to sale or transfer. The registrar30254
shall adopt rules specifying the manner in which the number may be30255
temporarily affixed to the vehicle.30256

       Upon the termination of any dealership registered under this30257
section, the dealer, within fifteen days following such30258
termination, shall notify the registrar, who shall enter that fact30259
in the registrar's records.30260

       Notwithstanding section 4517.01 of the Revised Code, a dealer30261
licensed to sell motor vehicles also may be registered as a dealer30262
in snowmobiles, off-highway motorcycles, or all-purpose vehicles30263
under this section, and may display, sell, or rent such vehicles30264
at the dealer's established place of business.30265

       (B)Except as otherwise provided in this division, whoever30266
violates this section shall be fined not more than fifty dollars.30267
If the offender previously has been convicted of or pleaded guilty30268
to a violation of this section, whoever violates this section30269
shall be fined not less than fifty nor more than two hundred30270
dollars.30271

       Sec. 4519.20.  (A) The director of public safety, pursuant30272
to Chapter 119. of the Revised Code, shall adopt rules for the30273
equipment of snowmobiles, off-highway motorcycles, and all-purpose30274
vehicles. The rules may be revised from time to time as the30275
director considers necessary, and shall include, but not30276
necessarily be limited to, requirements for the following items of30277
equipment:30278

       (1) At least one headlight having a minimum candlepower of30279
sufficient intensity to reveal persons and objects at a distance30280
of at least one hundred feet ahead under normal atmospheric30281
conditions during hours of darkness;30282

       (2) At least one red tail light having a minimum candlepower30283
of sufficient intensity to be plainly visible from a distance of30284
five hundred feet to the rear under normal atmospheric conditions30285
during hours of darkness;30286

       (3) Adequate brakes. Every snowmobile, while traveling on30287
packed snow, shall be capable of carrying a driver who weighs one30288
hundred seventy-five pounds or more, and, while carrying such30289
driver, be capable of stopping in not more than forty feet from an30290
initial steady speed of twenty miles per hour, or locking its30291
traction belt.30292

       (4) A muffler system capable of precluding the emission of30293
excessive smoke or exhaust fumes, and of limiting the engine noise30294
of vehicles. On snowmobiles manufactured after January 1, 1973,30295
such requirement shall include sound dampening equipment such that30296
noise does not exceed eighty-two decibels on the "A" scale at30297
fifty feet as measured according to SAE J192 (September 1970).30298

       (B) No person shall operate any snowmobile, off-highway30299
motorcycle, or all-purpose vehicle in violation of division30300
(A)(1), (2), (3), or (4) of this section, except that equipment30301
specified in divisions (A)(1) and (2) of this section shall not be30302
required on snowmobiles, off-highway motorcycles, or all-purpose30303
vehicles operated during the daylight hours.30304

       (C) Except as otherwise provided in this division, whoever30305
violates division (B) of this section shall be fined not more than30306
fifty dollars. If the offender within the preceding year30307
previously has committed a violation of division (B) of this30308
section, whoever violates division (B) of this section shall be30309
fined not less than fifteen nor more than one hundred dollars,30310
imprisoned not more than three days, or both.30311

       Sec. 4519.22. (A) No person shall have for sale, sell,30312
offer for sale, lease, rent, or otherwise furnish for hire in this30313
state any new snowmobile, off-highway motorcycle, or all-purpose30314
vehicle that fails to comply with any rule adopted by the director30315
of public safety under section 4519.20 of the Revised Code, after30316
the effective date of the rule.30317

       (B) Except as otherwise provided in this division, whoever30318
violates this section shall be fined not more than fifty dollars.30319
If the offender within the preceding year previously has committed30320
a violation of this section, whoever violates this section shall30321
be fined not less than fifteen nor more than one hundred dollars,30322
imprisoned not more than three days, or both.30323

       Sec. 4519.40. (A) The applicable provisions of Chapters30324
4511. and 4549. of the Revised Code shall be applied to the30325
operation of snowmobiles, off-highway motorcycles, and all-purpose30326
vehicles, except that no snowmobile, off-highway motorcycle, or30327
all-purpose vehicle shall be operated as follows:30328

       (A)(1) On any limited access highway or freeway or the30329
right-of-way thereof, except for emergency travel only during such30330
time and in such manner as the director of public safety shall30331
designate;30332

       (B)(2) On any private property, or in any nursery or30333
planting area, without the permission of the owner or other person30334
having the right to possession of the property;30335

       (C)(3) On any land or waters controlled by the state, except30336
at those locations where a sign has been posted permitting such30337
operation;30338

       (D)(4) On the tracks or right-of-way of any operating30339
railroad;30340

       (E)(5) While transporting any firearm, bow, or other30341
implement for hunting, that is not unloaded and securely encased;30342

       (F)(6) For the purpose of chasing, pursuing, capturing, or30343
killing any animal or wildfowl;30344

       (G)(7) During the time from sunset to sunrise, unless30345
displaying lighted lights as required by section 4519.20 of the30346
Revised Code.30347

       (B) Whoever violates this section shall be fined not less30348
than fifty nor more than five hundred dollars, imprisoned not less30349
than three nor more than thirty days, or both.30350

       Sec. 4519.41.  Snowmobiles, off-highway motorcycles, and30351
all-purpose vehicles may be operated as follows:30352

       (A) To make a crossing of a highway, other than a highway as30353
designated in division (A)(1) of section 4519.40 of the Revised30354
Code, whenever the crossing can be made in safety and will not30355
interfere with the movement of vehicular traffic approaching from30356
any direction on the highway, and provided that the operator30357
yields the right-of-way to any approaching traffic that presents30358
an immediate hazard;30359

       (B) On highways in the county or township road systems30360
whenever the local authority having jurisdiction over such30361
highways so permits;30362

       (C) Off and alongside a street or highway for limited30363
distances from the point of unloading from a conveyance to the30364
point at which the snowmobile, off-highway motorcycle, or30365
all-purpose vehicle is intended and authorized to be operated;30366

       (D) On the berm or shoulder of a highway, other than a30367
highway as designated in division (A)(1) of section 4519.40 of the30368
Revised Code, when the terrain permits such operation to be30369
undertaken safely and without the necessity of entering any30370
traffic lane;30371

       (E) On the berm or shoulder of a county or township road,30372
while traveling from one area of operation of the snowmobile,30373
off-highway motorcycle, or all-purpose vehicle to another such30374
area.30375

       Sec. 4519.44.  (A) No person who does not hold a valid,30376
current motor vehicle driver's or commercial driver's license,30377
motorcycle operator's endorsement, or probationary license, issued30378
under Chapter 4506. or 4507. of the Revised Code, shall operate a30379
snowmobile, off-highway motorcycle, or all-purpose vehicle on any30380
street or highway in this state, on any portion of the30381
right-of-way thereof, or on any public land or waters.30382

       (B) No person who is less than sixteen years of age shall30383
operate a snowmobile, off-highway motorcycle, or all-purpose30384
vehicle on any land or waters other than private property or30385
waters owned by or leased to the person's parent or guardian,30386
unless accompanied by another person who is eighteen years of age,30387
or older, and who holds a license as provided in division (A) of30388
this section, except that the department of natural resources may30389
permit such operation on state controlled land under its30390
jurisdiction when such person is less than sixteen years of age,30391
but is twelve years of age or older and is accompanied by a parent30392
or guardian who is a licensed driver eighteen years of age or30393
older.30394

       (C)Whoever violates this section shall be fined not less30395
than fifty nor more than five hundred dollars, imprisoned not less30396
than three nor more than thirty days, or both.30397

       Sec. 4519.45. (A) Any dealer who rents, leases, or30398
otherwise furnishes a snowmobile, off-highway motorcycle, or30399
all-purpose vehicle for hire shall maintain the vehicle in safe30400
operating condition. No dealer, or agent or employee of a dealer,30401
shall rent, lease, or otherwise furnish a snowmobile, off-highway30402
motorcycle, or all-purpose vehicle for hire to any person who does30403
not hold a license as required by division (A) of section 4519.4430404
of the Revised Code, or to any person whom the dealer or an agent30405
or employee of the dealer has reasonable cause to believe is30406
incompetent to operate the vehicle in a safe and lawful manner.30407

       (B)Whoever violates this section shall be fined not less30408
than one hundred nor more than five hundred dollars.30409

       Sec. 4519.52.  (A) Except as provided in sections 30410
4519.521 and 4519.54 of the Revised Code, no dealer engaged in30411
the business of selling new or used off-highway motorcycles or 30412
all-purpose vehicles shall sell or otherwise transfer a new or 30413
used off-highway motorcycle or all-purpose vehicle without 30414
obtaining a certificate of title to the new or used motorcycle 30415
or vehicle, in accordance with this chapter, and delivering the30416
certificate of title or memorandum certificate of title to the30417
purchaser or transferee.30418

       (B)(1) A person who is not a dealer engaged in the business 30419
of selling new or used off-highway motorcycles or all-purpose 30420
vehicles and who owns an off-highway motorcycle or all-purpose30421
vehicle may choose to obtain a certificate of title to the30422
motorcycle or vehicle. The person shall comply with this30423
chapter in order to obtain the certificate of title.30424

       (2) If a person who is not a dealer engaged in the business 30425
of selling new or used off-highway motorcycles or all-purpose 30426
vehicles and who owns an off-highway motorcycle or all-purpose 30427
vehicle obtains a certificate of title to the motorcycle or 30428
vehicle, that person, except as otherwise provided in section 30429
4519.521 of the Revised Code, shall not sell or otherwise 30430
transfer the motorcycle or vehicle without delivering to the 30431
purchaser or transferee a certificate of title with an 30432
assignment on it as is necessary to show title in the purchaser30433
or transferee, and no person shall subsequently purchase or30434
otherwise acquire the motorcycle or vehicle without obtaining a30435
certificate of title to the motorcycle or vehicle in the30436
person's own name.30437

       (C) Whoever violates this section shall be fined fifty30438
dollars.30439

       Sec. 4519.66. (A) No person shall do any of the following:30440

       (A)(1) Operate in this state an off-highway motorcycle or 30441
all-purpose vehicle without having a certificate of title for the 30442
off-highway motorcycle or all-purpose vehicle, if such a 30443
certificate is required by this chapter to be issued for the 30444
off-highway motorcycle or all-purpose vehicle, or, if a physical 30445
certificate of title has not been issued for it, operate an 30446
off-highway motorcycle or all-purpose vehicle knowing that the 30447
ownership information relating to the motorcycle or vehicle has 30448
not been entered into the automated title processing system by a 30449
clerk of a court of common pleas;30450

       (B)(2) Operate in this state an off-highway motorcycle or 30451
all-purpose vehicle if a certificate of title to the off-highway 30452
motorcycle or all-purpose vehicle has been issued and then has 30453
been canceled;30454

       (C)(3) Fail to surrender any certificate of title upon 30455
cancellation of it by the registrar of motor vehicles and 30456
notice of the cancellation as prescribed in this chapter;30457

       (D)(4) Fail to surrender the certificate of title to a 30458
clerk of a court of common pleas as provided in this chapter, 30459
in case of the destruction or dismantling of, or change in, the 30460
off-highway motorcycle or all-purpose vehicle described in the 30461
certificate of title;30462

       (E)(5) Violate any provision of sections 4519.51 to 4519.7030463
of the Revised Code for which no penalty is otherwise provided30464
or any lawful rules adopted pursuant to those sections;30465

       (F)(6) Operate in this state an off-highway motorcycle or 30466
all-purpose vehicle knowing that the certificate of title to or 30467
ownership of the motorcycle or vehicle as otherwise reflected in 30468
the automated title processing system has been canceled.30469

       (B) Whoever violates this section shall be fined not more30470
than two hundred dollars, imprisoned not more than ninety days, or30471
both.30472

       Sec. 4519.67. (A) No person shall do any of the following:30473

       (A)(1) Procure or attempt to procure a certificate of title30474
to an off-highway motorcycle or all-purpose vehicle, or pass or 30475
attempt to pass a certificate of title or any assignment of a 30476
certificate of title to an off-highway motorcycle or all-purpose30477
vehicle, or in any other manner gain or attempt to gain30478
ownership to an off-highway motorcycle or all-purpose vehicle,30479
knowing or having reason to believe that the off-highway 30480
motorcycle or all-purpose vehicle has been stolen;30481

       (B)(2) Sell or offer for sale in this state an off-highway 30482
motorcycle or all-purpose vehicle on which the manufacturer's or 30483
assigned vehicle identification number has been destroyed, 30484
removed, covered, altered, or defaced with knowledge of the 30485
destruction, removal, covering, alteration, or defacement of the 30486
manufacturer's or assigned vehicle identification number;30487

       (C)(3) Except as otherwise provided in this chapter, sell 30488
or transfer an off-highway motorcycle or all-purpose vehicle 30489
without delivering to the purchaser or transferee of it a 30490
certificate of title, or a manufacturer's or importer's 30491
certificate to it, assigned to the purchaser as provided for in30492
this chapter.30493

       (B) Whoever violates this section shall be fined not more30494
than five thousand dollars, imprisoned in the county jail or30495
workhouse not less than six months nor more than one year or in30496
the penitentiary not less than one year nor more than five years,30497
or both.30498

       Sec. 4549.01. (A) No person while operating a motor vehicle30499
shall fail to slow down and stop saidthe vehicle when signalled30500
to do so upon meeting or overtaking a horse-drawn vehicle or30501
person on horseback and to remain stationary until suchthe30502
vehicle or person has passed, provided suchthe signal to stop is30503
given in good faith, under circumstances of necessity, and only as30504
often and for suchthat length of time as is required for suchthe30505
vehicle or person to pass, whether it is approaching from the30506
front or rear.30507

       (B)Whoever violates this section is guilty of a minor30508
misdemeanor on a first offense and a misdemeanor of the fourth30509
degree on each subsequent offense.30510

       Sec. 4549.02. (A) In case of accident to or collision with30511
persons or property upon any of the public roads or highways, due30512
to the driving or operation thereon of any motor vehicle, the30513
person so driving or operating suchthe motor vehicle, having30514
knowledge of suchthe accident or collision, shall immediately30515
shall stop histhe driver's or operator's motor vehicle at the30516
scene of the accident or collision and shall remain at the scene30517
of suchthe accident or collision until hethe driver or operator30518
has given histhe driver's or operator's name and address and, if30519
hethe driver or operator is not the owner, the name and address30520
of the owner of suchthat motor vehicle, together with the30521
registered number of suchthat motor vehicle, to any person30522
injured in suchthe accident or collision or to the operator,30523
occupant, owner, or attendant of any motor vehicle damaged in such30524
the accident or collision, or to any police officer at the scene30525
of suchthe accident or collision.30526

       In the event the injured person is unable to comprehend and30527
record the information required to be given by this section, the30528
other driver involved in suchthe accident or collision shall30529
forthwith shall notify the nearest police authority concerning the30530
location of the accident or collision, and histhe driver's name,30531
address, and the registered number of the motor vehicle hethe30532
driver was operating, and then remain at the scene of the accident30533
or collision until a police officer arrives, unless removed from30534
the scene by an emergency vehicle operated by a political30535
subdivision or an ambulance.30536

       If suchthe accident or collision is with an unoccupied or30537
unattended motor vehicle, the operator so collidingwho collides30538
with suchthe motor vehicle shall securely attach the information30539
required to be given in this section, in writing, to a conspicuous30540
place in or on saidthe unoccupied or unattended motor vehicle.30541

       (B)Whoever violates division (A) of this section is guilty30542
of failure to stop after an accident, a misdemeanor of the first30543
degree. If the violation results in serious physical harm or30544
death to a person, failure to stop after an accident is a felony30545
of the fifth degree. The court, in addition to any other30546
penalties provided by law, shall impose upon the offender a class30547
five suspension of the offender's driver's license, commercial30548
driver's license, temporary instruction permit, probationary30549
license, or nonresident operating privilege from the range30550
specified in division (A)(5) of section 4510.02 of the Revised30551
Code. No judge shall suspend the first six months of suspension of30552
an offender's license, permit, or privilege required by this30553
division.30554

       Sec. 4549.021. (A) In case of accident or collision30555
resulting in injury or damage to persons or property upon any30556
public or private property other than public roads or highways,30557
due to the driving or operation thereon of any motor vehicle, the30558
person so driving or operating suchthe motor vehicle, having30559
knowledge of suchthe accident or collision, shall stop, and, upon30560
request of the person injured or damaged, or any other person,30561
shall give suchthat person histhe driver's or operator's name30562
and address, and, if hethe driver or operator is not the owner,30563
the name and address of the owner of suchthat motor vehicle,30564
together with the registered number of suchthat motor vehicle,30565
and, if available, exhibit histhe driver's or operator's driver's30566
or commercial driver's license.30567

       If the owner or person in charge of suchthe damaged property30568
is not furnished such information, the driver of the motor vehicle30569
involved in the accident or collision shall, within twenty-four30570
hours after suchthe accident or collision, shall forward to the30571
police department of the city or village in which suchthe30572
accident or collision occurred or if it occurred outside the30573
corporate limits of a city or village to the sheriff of the county30574
in which suchthe accident or collision occurred the same30575
information required to be given to the owner or person in control30576
of suchthe damaged property and give the date, time, and location30577
of the accident or collision.30578

       If the accident or collision is with an unoccupied or30579
unattended motor vehicle, the operator so collidingwho collides30580
with suchthe motor vehicle shall securely attach the information30581
required to be given in this section, in writing, to a conspicuous30582
place in or on the unoccupied or unattended motor vehicle.30583

       (B)Whoever violates division (A) of this section is guilty30584
of failure to stop after a nonpublic road accident, a misdemeanor30585
of the first degree. If the violation results in serious physical30586
harm or death to a person, failure to stop after a nonpublic road30587
accident is a felony of the fifth degree. The court, in addition30588
to any other penalties provided by law, shall impose upon the30589
offender a class five suspension of the offender's driver's30590
license, commercial driver's license, temporary instruction30591
permit, probationary license, or nonresident operating privilege30592
from the range specified in division (A)(5) of section 4510.02 of30593
the Revised Code. No judge shall suspend the first six months of30594
suspension of an offender's license, permit, or privilege required30595
by this division.30596

       Sec. 4549.03. (A) The driver of any vehicle involved in an30597
accident resulting in damage to real property, or personal30598
property attached to such real property, legally upon or adjacent30599
to a public road or highway shall immediately shall stop and take30600
reasonable steps to locate and notify the owner or person in30601
charge of suchthe property of suchthat fact, of histhe driver's30602
name and his address, and of the registration number of the30603
vehicle hethe driver is driving and shall, upon request and if30604
available, shall exhibit histhe driver's driver's or commercial30605
driver's license.30606

       If the owner or person in charge of suchthe property cannot30607
be located after reasonable search, the driver of the vehicle30608
involved in the accident resulting in damage to suchthe property30609
shall, within twenty-four hours after suchthe accident, shall30610
forward to the police department of the city or village in which30611
suchthe accident or collision occurred, or if it occurred outside30612
the corporate limits of a city or village to the sheriff of the30613
county in which suchthe accident or collision occurred, the same30614
information required to be given to the owner or person in control30615
of suchthe property and give the location of the accident and a30616
description of the damage insofar as it is known.30617

       (B)Whoever violates division (A) of this section is guilty30618
of failure to stop after an accident involving the property of30619
others, a misdemeanor of the first degree.30620

       Sec. 4549.042. (A)(1) No person shall sell or otherwise30621
dispose of a master key designed to fit more than one motor30622
vehicle, knowing or having reasonable cause to believe suchthe30623
key will be used to commit a crime.30624

       (2) No person shall buy, receive, or have in histhe30625
person's possession a master key designed to fit more than one30626
motor vehicle, for the purpose of using suchthe key to commit a30627
crime.30628

       (B)Whoever violates division (A)(1) or (2) of this section30629
is guilty of a motor vehicle master key violation, a felony of the30630
fifth degree on a first offense and a felony of the fourth degree30631
on each subsequent offense.30632

       Sec. 4549.08. (A) No person shall operate or drive a motor30633
vehicle upon the public roads and highways in this state if it30634
displays a license plate or a distinctive number or identification30635
mark that meets any of the following criteria:30636

       (A)(1) Is fictitious;30637

       (B)(2) Is a counterfeit or an unlawfully made copy of any30638
distinctive number or identification mark;30639

       (C)(3) Belongs to another motor vehicle, provided that this30640
section does not apply to a motor vehicle that is operated on the30641
public roads and highways in this state when the motor vehicle30642
displays license plates that originally were issued for a motor30643
vehicle that previously was owned by the same person who owns the30644
motor vehicle that is operated on the public roads and highways in30645
this state, during the thirty-day period described in division30646
(D)(A)(4) of section 4503.12 of the Revised Code.30647

       (B) A person who fails to comply with the transfer of30648
registration provisions of section 4503.12 of the Revised Code and30649
is charged with a violation of that section shall not be charged30650
with a violation of this section.30651

       (C)Whoever violates division (A)(1), (2), or (3) of this30652
section is guilty of operating a motor vehicle bearing an invalid30653
license plate or identification mark, a misdemeanor of the fourth30654
degree on a first offense and a misdemeanor of the third degree on30655
each subsequent offense.30656

       Sec. 4549.10. (A) No person shall operate or cause to be30657
operated upon a public road or highway a motor vehicle of a30658
manufacturer or dealer unless suchthe vehicle carries and30659
displays two placards, except as provided in section 4503.21 of30660
the Revised Code, issued by the director of public safety, bearing30661
that bear the registration number of its manufacturer or dealer.30662

       (B)Whoever violates division (A) of this section is guilty30663
of illegal operation of a manufacturer's or dealer's motor30664
vehicle, a minor misdemeanor on a first offense and a misdemeanor30665
of the fourth degree on each subsequent offense.30666

       Sec. 4549.11. (A) No person shall operate or drive upon the30667
highways of this state a motor vehicle acquired from a former30668
owner who has registered the samemotor vehicle, while suchthe30669
motor vehicle displays the distinctive number or identification30670
mark assigned to it upon its original registration.30671

       (B)Whoever violates division (A) of this section is guilty30672
of operation of a motor vehicle bearing license plates or an30673
identification mark issued to another, a minor misdemeanor on a30674
first offense and a misdemeanor of the fourth degree on each30675
subsequent offense.30676

       Sec. 4549.12. (A) No person who is the owner of a motor30677
vehicle and a resident of this state shall operate or drive such30678
the motor vehicle upon the highways of this state, while it30679
displays a distinctive number or identification mark issued by or30680
under the authority of another state, without complying with the30681
laws of this state relating to the registration and identification30682
of motor vehicles.30683

       (B)Whoever violates division (A) of this section is guilty30684
of illegal operation by a resident of this state of a motor30685
vehicle bearing the distinctive number or identification mark30686
issued by a foreign jurisdiction, a minor misdemeanor on a first30687
offense and a misdemeanor of the fourth degree on each subsequent30688
offense.30689

       Sec. 4549.18. (A) The operator of a "commercial car," as30690
defined in section 4501.01 of the Revised Code, when suchthe30691
commercial car is required to be registered under the Revised30692
Code, shall, when operating suchthe commercial car, trailer, or30693
semitrailer on the streets, roads, or highways of this state,30694
display inside or on the vehicle the certificate of registration30695
for suchthe commercial car, trailer, or semitrailer provided for30696
in section 4503.19 of the Revised Code, or shall carry suchthe30697
certificate on histhe operator's person and display such30698
certificateit upon the demand of any state highway patrol trooper30699
or other peace officer.30700

       Every person operating a commercial car, trailer, or30701
semitrailer required to be registered under the Revised Code,30702
shall permit the inspection of the certificate of registration30703
upon demand of the superintendent or any member of the state30704
highway patrol or other peace officer of this state.30705

       (B)Whoever violates division (A) of this section is guilty30706
of a commercial car certificate of registration violation, a minor30707
misdemeanor.30708

       Sec. 4549.42.  (A) No person shall adjust, alter, change,30709
tamper with, advance, set back, disconnect, or fail to connect, an30710
odometer of a motor vehicle, or cause any of the foregoing to30711
occur to an odometer of a motor vehicle with the intent to alter30712
the number of miles registered on the odometer.30713

       (B) Division (A) of this section does not apply to the30714
disconnection of an odometer used for registering the mileage of30715
any new motor vehicle being tested by the manufacturer prior to30716
delivery to a franchise dealer.30717

       (C) Nothing in this section shall preventprevents the30718
service of an odometer, provided that after suchthe service a30719
completed form, captioned "notice of odometer repair"," shall be30720
attached to the left door frame of the motor vehicle by the person30721
performing suchthe repairs. SuchThe notice shall contain, in30722
bold-face type, the following information and statements:30723

"Notice of Odometer Repair
30724

       The odometer of this motor vehicle was repaired or replaced30725
on ................. (date of service).30726

       The mileage registered on the odometer of this motor vehicle30727
before repair was ........... (mileage).30728

       The mileage registered on the odometer of this motor vehicle30729
after repair is ........... (mileage).30730

............................. 30731
(Repairman's Repairer's signature)" 30732

       (D) No person shall intentionally remove or alter the notice30733
required by division (C) of this section.30734

       (E) If after the service of an odometer, the odometer can be30735
set at the same mileage as before suchthe service, the odometer30736
shall be adjusted to reflect that mileage registered on the30737
odometer of the motor vehicle before the service. If the odometer30738
cannot be set at the same mileage as before suchthe service, the30739
odometer of the motor vehicle shall be adjusted to read "zero"."30740

       (F) Except as otherwise provided in this division, whoever30741
violates this section is guilty of tampering with an odometer, a30742
felony of the fifth degree. If the offender previously has been30743
convicted of or pleaded guilty to a violation of this section or30744
of any provision of sections 4549.43 to 4549.46 of the Revised30745
Code, tampering with an odometer is a felony of the fourth degree.30746

       Sec. 4549.43. (A) No person, with intent to defraud, shall30747
advertise for sale, sell, use, or install on any part of any motor30748
vehicle or an odometer in any motor vehicle any device whichthat30749
causes the odometer to register any mileage other than the actual30750
mileage driven by the motor vehicle. For the purpose of this30751
section, the actual mileage driven is that mileage driven by the30752
motor vehicle as registered by an odometer within the30753
manufacturer's designed tolerance.30754

       (B)Except as otherwise provided in this division, whoever30755
violates this section is guilty of selling or installing an30756
odometer tampering device, a felony of the fourth degree. If the30757
offender previously has been convicted of or pleaded guilty to a30758
violation of this section, section 4549.42, or any provision of30759
sections 4549.44 to 4549.46 of the Revised Code, selling or30760
installing an odometer tampering device is a felony of the third30761
degree.30762

       Sec. 4549.44. (A) No person, with intent to defraud, shall30763
operate a motor vehicle on any public street, road, or highway of30764
this state knowing that the odometer of suchthe vehicle is30765
disconnected or nonfunctional.30766

       A person's intent to defraud under this section may be30767
inferred from evidence of the circumstances of the vehicle's30768
operation, including facts pertaining to the length of time or30769
number of miles of operation with a nonfunctioning or disconnected30770
odometer, and the fact that the person subsequently transferred30771
the vehicle without disclosing the inoperative odometer to the30772
transferee in violation of section 4549.45 of the Revised Code.30773

       (B)Except as otherwise provided in this division, whoever30774
violates this section is guilty of fraudulent driving without a30775
functional odometer, a felony of the fourth degree. If the30776
offender previously has been convicted of or pleaded guilty to a30777
violation of this section, section 4549.42 or 4549.43, or any30778
provision of sections 4549.45 to 4549.46 of the Revised Code,30779
fraudulent driving without a functional odometer is a felony of30780
the third degree.30781

       Sec. 4549.45. (A) No person shall transfer a motor vehicle30782
if the person knows or recklessly disregards facts indicating that30783
the odometer of the motor vehicle has been changed, tampered with,30784
or disconnected, or has been in any other manner nonfunctional, to30785
reflect a lesser mileage or use, unless that person gives clear30786
and unequivocal notice of suchthe tampering or nonfunction or of30787
histhe person's reasonable belief of tampering or nonfunction, to30788
the transferee in writing prior to the transfer. In a prosecution30789
for violation of this section, evidence that a transferor or his30790
the transferor's agent has changed, tampered with, disconnected,30791
or failed to connect the odometer of the motor vehicle constitutes30792
prima-facie evidence of knowledge of the odometer's altered30793
condition.30794

       (B)Except as otherwise provided in this division, whoever30795
violates this section is guilty of transferring a motor vehicle30796
that has a tampered or nonfunctional odometer, a felony of the30797
fourth degree. If the offender previously has been convicted of30798
or pleaded guilty to a violation of this section, any provision of30799
sections 4549.42 to 4549.44, or any provision of section 4549.45130800
or 4549.46 of the Revised Code, transferring a motor vehicle that30801
has a tampered or nonfunctional odometer is a felony of the third30802
degree.30803

       Sec. 4549.451. (A) No auctioneer licensed under Chapter30804
4707. of the Revised Code shall advertise for sale by means of any30805
written advertisement, brochure, flyer, or other writing, any30806
motor vehicle the auctioneer knows or has reason to believe has an30807
odometer that has been changed, tampered with, or disconnected, or30808
in any other manner has been nonfunctional, unless the listing or30809
description of the vehicle contained in the written advertisement,30810
brochure, flyer, or other writing contains one of the two30811
following statements:30812

       (A)(1) "This motor vehicle has an odometer that has been30813
changed, tampered with, or disconnected, or otherwise has been30814
nonfunctional."30815

       (B)(2) "Nonactual odometer reading: warning - odometer30816
discrepancy."30817

       (B) The statement selected by the auctioneer shall be30818
printed in type identical in size to the other type used in the30819
listing or description, and shall be located within the listing or30820
description and not located as a footnote to the listing or30821
description.30822

       (C)Except as otherwise provided in this division, whoever30823
violates this section is guilty of a felony of the fourth degree.30824
If the offender previously has been convicted of or pleaded guilty30825
to a violation of this section, any provision of sections 4549.4230826
to 4549.45, or section 4549.46 of the Revised Code, whoever30827
violates this section is guilty of a felony of the third degree.30828

       Sec. 4549.46.  (A) No transferor shall fail to provide the30829
true and complete odometer disclosures required by section 4505.0630830
of the Revised Code. The transferor of a motor vehicle is not in30831
violation of this section's provisionsdivision requiring a true30832
odometer reading if the odometer reading is incorrect due to a30833
previous owner's violation of any of the provisions contained in30834
sections 4549.42 to 4549.46 of the Revised Code, unless the30835
transferor knows of or recklessly disregards facts indicating the30836
violation.30837

       (B) No dealer or wholesaler who acquires ownership of a30838
motor vehicle shall accept any written odometer disclosure30839
statement unless the statement is completed as required by section30840
4505.06 of the Revised Code.30841

       (C) A motor vehicle leasing dealer may obtain a written30842
odometer disclosure statement completed as required by section30843
4505.06 of the Revised Code from a motor vehicle lessee that can30844
be used as prima-facie evidence in any legal action arising under30845
sections 4549.41 to 4549.46 of the Revised Code.30846

       (D)Except as otherwise provided in this division, whoever30847
violates division (A) or (B) of this section is guilty of an30848
odometer disclosure violation, a felony of the fourth degree. If30849
the offender previously has been convicted of or pleaded guilty to30850
a violation of this section or any provision of sections 4549.4230851
to 4549.451 of the Revised Code, a violation of this section is a30852
felony of the third degree.30853

       Sec. 4549.52.  The prosecuting attorney of the county in30854
which a violation of any provision of sections 4549.41 to 4549.5130855
of the Revised Code occurs, or the attorney general, may bring a30856
criminal action to enforce the provisions of sections 4549.41 to30857
4549.51 of the Revised Code. The attorney general and the30858
prosecuting attorney of the county in which a person licensed or30859
granted a permit under Chapter 4517. of the Revised Code is30860
convicted of or pleads guilty to a violation of any provision of30861
sections 4549.41 to 4549.46 of the Revised Code shall report the30862
conviction or guilty plea to the registrar of motor vehicles30863
within five business days of the conviction or plea.30864

       Sec. 4549.62.  (A) No person shall, with purpose to conceal30865
or destroy the identity of a vehicle or vehicle part, shall30866
remove, deface, cover, alter, or destroy any vehicle30867
identification number or derivative thereofof a vehicle30868
identification number on a vehicle or vehicle part.30869

       (B) No person shall, with purpose to conceal or destroy the30870
identity of a vehicle or a vehicle part, shall remove, deface,30871
cover, alter, or destroy any identifying number that has been30872
lawfully placed upon a vehicle or vehicle part by an owner of the30873
vehicle or vehicle part, other than the manufacturer, for the30874
purpose of deterring its theft and facilitating its recovery if30875
stolen.30876

       (C) No person shall, with purpose to conceal or destroy the30877
identity of a vehicle or vehicle part, shall place a counterfeit30878
vehicle identification number or derivative thereofof a vehicle30879
identification number upon the vehicle or vehicle part.30880

       (D)(1) No person shall buy, offer to buy, sell, offer to30881
sell, receive, dispose of, conceal, or, except as provided in30882
division (D)(4) of this section, possess any vehicle or vehicle30883
part with knowledge that the vehicle identification number or a30884
derivative thereofof the vehicle identification number has been30885
removed, defaced, covered, altered, or destroyed in such a manner30886
that the identity of the vehicle or part cannot be determined by a30887
visual examination of the number at the site where the30888
manufacturer placed the number.30889

       (2)(a) A vehicle or vehicle part from which the vehicle30890
identification number or a derivative thereofof the vehicle30891
identification number has been so removed, defaced, covered,30892
altered, or destroyed shall be seized and forfeited under section30893
2933.41 of the Revised Code unless division (D)(3) or (4) of this30894
section applies to the vehicle or part. If a derivative of the30895
vehicle identification number has been removed, defaced, covered,30896
altered, or destroyed in such a manner that the identity of the30897
part cannot be determined, the entire vehicle is subject to30898
seizure pending a determination of the original identity and30899
ownership of the vehicle and parts of the vehicle, and the rights30900
of innocent owners to reclaim the remainder or any part of the30901
vehicle.30902

       (b) The lawful owners of parts upon a vehicle that has been30903
seized under this section and that is subject to forfeiture under30904
section 2933.41 of the Revised Code are entitled to reclaim their30905
respective parts upon satisfactory proof of all of the following:30906

       (i) That the part is not needed for evidence in pending30907
proceedings involving the vehicle or part and is not subject to30908
forfeiture under section 2933.41 of the Revised Code;30909

       (ii) That the original identity and ownership of the part30910
can be determined and that the claimant is the lawful owner of the30911
part;30912

       (iii) That no vehicle identification number or derivative of30913
a vehicle identification number on the part has been destroyed or30914
concealed in such a manner that the identity of the part cannot be30915
determined from that number;30916

       (iv) Payment of all costs of removing the part.30917

       (3) Divisions (A), (B), and (D)(1) and (2) of this section30918
do not apply to the good faith acquisition and disposition of30919
vehicles and vehicle parts as junk or scrap in the ordinary course30920
of business by a scrap metal processing facility as defined in30921
division (E)(D) of section 4737.05 of the Revised Code or by a30922
motor vehicle salvage dealer licensed under Chapter 4738. of the30923
Revised Code. This division (D)(3) does not create an element of30924
an offense or an affirmative defense, or affect the burden of30925
proceeding with the evidence or burden of proof in a criminal30926
proceeding.30927

       (4)(a) Divisions (D)(1) and (2) of this section do not apply30928
to the possession of an owner, or the owner's insurer, who30929
provides satisfactory evidence of all of the following:30930

       (i) That the vehicle identification number or derivative30931
thereof on the vehicle or part has been removed, defaced, covered,30932
altered, or destroyed, after the owner acquired such possession,30933
by another person without the consent of the owner, by accident or30934
other casualty not due to the owner's purpose to conceal or30935
destroy the identity of the vehicle or vehicle part, or by30936
ordinary wear and tear;30937

       (ii) That the person is the owner of the vehicle as shown on30938
a valid certificate of title issued by this state or certificate30939
of title or other lawful evidence of title issued in another30940
state, in a clear chain of title beginning with the manufacturer;30941

       (iii) That the original identity of the vehicle can be30942
established in a manner that excludes any reasonable probability30943
that the vehicle has been stolen from another person.30944

       (b) The registrar of motor vehicles shall adopt rules under30945
Chapter 119. of the Revised Code to permit an owner described in30946
division (D)(4)(a) of this section, upon application and30947
submission of satisfactory evidence to the registrar of motor30948
vehicles, to obtain authority to replace the vehicle30949
identification number under the supervision of a peace officer,30950
trooper of the state highway patrol, or representative of the30951
registrar. The rules shall be designed to restore the30952
identification of the vehicle in a manner that will deter its30953
theft and facilitate its marketability. Until such rules are30954
adopted, the registrar shall follow the existing procedure for the30955
replacement of vehicle identification numbers that have been30956
established by the registrar, with such modifications as the30957
registrar determines to be necessary or appropriate for the30958
administration of the laws hethe registrar is required to30959
administer.30960

       The registrar may issue a temporary permit to an owner of a30961
motor vehicle who is described in division (D)(4)(a) of this30962
section to authorize the owner to retain possession of the motor30963
vehicle and to transfer title to the motor vehicle with the30964
consent of the registrar.30965

       (c) No owner described in division (D)(4)(a) of this section30966
shall knowingly fail knowingly to apply to the registrar for30967
authority to replace the vehicle identification number, within30968
thirty days after the later of the following dates:30969

       (i) The date of receipt by the applicant of actual knowledge30970
of the concealment or destruction;30971

       (ii) If the property has been stolen, the date thereafter30972
upon which the applicant obtains possession of the vehicle or has30973
been notified by a law enforcement agency that the vehicle has30974
been recovered.30975

       The requirement of division (D)(4)(c) of this section may be30976
excused by the registrar for good cause shown.30977

       (E) Whoever violates division (A), (B), (C), or (D)(1) of30978
this section is guilty of a felony of the fifth degree on a first30979
offense and a felony of the fourth degree on each subsequent30980
offense.30981

       (F) Whoever violates division (D)(4)(c) of this section is30982
guilty of a minor misdemeanor.30983

       Sec. 4551.04. (A) No person shall transport trees or boughs30984
described in section 4551.01 of the Revised Code in violation of30985
sections 4551.01 to 4551.03, inclusive, of the Revised Code.30986

       (B)Whoever violates this section shall be fined not more30987
than one thousand dollars, imprisoned not more than thirty days,30988
or both.30989

       Sec. 4561.11. (A) All airports, landing fields, and landing30990
areas shall be approved by the department of transportation before30991
being used for commercial purposes. The department may issue a30992
certificate of approval in each case. The department shall30993
require that a complete plan of such airport, landing field, or30994
landing area be filed with it before granting or issuing such30995
approval; provided that in no case in which the department30996
licenses or certifies an airport, landing field, or landing area30997
constructed, maintained, or supported, in whole or in part, by30998
public funds, under sections 4561.01 to 4561.151 of the Revised30999
Code, shall the public be deprived of the use thereof or its31000
facilities for aviation purposes as fully and equally as all other31001
parties.31002

       In any case in which the department rejects or disapproves an31003
application to operate an airport, landing field, or landing area,31004
or in any case in which the department issues an order requiring31005
certain things to be done before approval, it shall set forth its31006
reasons therefor and shall state the requirements to be met before31007
such approval will be given or such order modified or changed. In31008
any case in which the department considers it necessary, it may31009
order the closing of any airport, landing field, or landing area31010
for commercial purposes until the requirements of the order made31011
by the department are complied with.31012

       Appeal from any action or decision of the department in any31013
such matter shall be made in accordance with sections 119.01 to31014
119.13 of the Revised Code.31015

       The department shall require that any person engaged within31016
this state in operating aircraft, in any form of navigation, shall31017
be the holder of a currently effective airman'saviator's license31018
issued by the civil aeronautics administration.31019

       The airman'saviator's license required by this section shall31020
be kept in the personal possession of the pilot when the pilot is31021
operating aircraft within this state, and shall be presented for31022
inspection upon the request of any passenger, any authorized31023
representative of the department, or any official manager or31024
person in charge of any airport, landing field, or area in this31025
state upon which the pilot lands.31026

       (B)Whoever violates this section shall be fined not more31027
than five hundred dollars, imprisoned not more than ninety days,31028
or both.31029

       Sec. 4561.12. (A) No aircraft shall be operated or31030
maintained on any public land or water owned or controlled by this31031
state, or by any political subdivision thereofof this state,31032
except at such places and under such rules and regulations31033
governing and controlling the operation and maintenance of31034
aircraft as are adopted and promulgated by the department of31035
transportation in accordance with sections 119.01 to 119.13 of the31036
Revised Code.31037

       Such action and approval by the department shall not become31038
effective until it has been approved by the adoption and31039
promulgation of appropriate rules and regulations governing,31040
controlling, and approving said places and the method of operation31041
and maintenance of aircraft, by the department, division,31042
political subdivision, agent, or agency of this state having31043
ownership or control of the places on said public land or water31044
which are affected by such operation or maintenance of aircraft31045
thereon.31046

       (B)Whoever violates this section shall be fined not more31047
than five hundred dollars, imprisoned not more than ninety days,31048
or both.31049

       Sec. 4561.14. (A) No person shall operate any aircraft in31050
this state unless such person is the holder of a valid airman's31051
aviator's license issued by the United States.31052

       No person operating an aircraft within this state shall fail31053
to exhibit such license for inspection upon the demand of any31054
passenger on such aircraft, or fail to exhibit same for inspection31055
upon the demand of any peace officer, member or employee of the31056
department of transportation, or manager or person in charge of an31057
airport or landing field within this state, prior to taking off or31058
upon landing said aircraft.31059

       No person shall operate an aircraft within this state unless31060
such aircraft is licensed and registered by the United States;31061
this section is inapplicable to the operation of military aircraft31062
of the United States, aircraft of a state, territory, or31063
possession of the United States, or aircraft licensed by a foreign31064
country with which the United States has a reciprocal agreement31065
covering the operation of such aircraft.31066

       No person shall operate an aircraft within this state in31067
violation of any air traffic rules in force under the laws of the31068
United States or under sections 4561.01 to 4561.14 of the Revised31069
Code, and the rules and regulations of the department adopted31070
pursuant thereto.31071

       (B)Whoever violates this section shall be fined not more31072
than five hundred dollars, imprisoned not more than ninety days,31073
or both.31074

       Sec. 4561.15.  (A) No person shall commit any of the31075
following acts:31076

       (1) Carry passengers in an aircraft unless the person31077
piloting the aircraft is a holder of a valid airman'sairperson's31078
certificate of competency in the grade of private pilot or higher31079
issued by the United States; this division of this section is31080
inapplicable to the operation of military aircraft of the United31081
States, aircraft of a state, territory, or possession of the31082
United States, or aircraft licensed by a foreign country with31083
which the United States has a reciprocal agreement covering the31084
operation of such aircraft.;31085

       (2) Operate an aircraft on the land or water or in the air31086
space over this state in a careless or reckless manner that31087
endangers any person or property, or with willful or wanton31088
disregard for the rights or safety of others.;31089

       (3) Operate an aircraft on the land or water or in the air31090
space over this state while under the influence of intoxicating31091
liquor, controlled substances, or other habit-forming drugs.;31092

       (4) Tamper with, alter, destroy, remove, carry away, or31093
cause to be carried away any object used for the marking of31094
airports, landing fields, or other aeronautical facilities in this31095
state, or in any way change the position or location of such31096
markings, except by the direction of the proper authorities31097
charged with the maintenance and operation of such facilities, or31098
illegally possess any object used for such markings.31099

       (B) Jurisdiction over any proceedings charging a violation31100
of this section is limited to courts of record.31101

       (C)Whoever violates this section shall be fined not more31102
than five hundred dollars, imprisoned not more than six months, or31103
both.31104

       Sec. 4561.22. (A) No owner or operator of an aircraft shall31105
violate sections 4561.17 to 4561.20, inclusive, of the Revised31106
Code.31107

       (B)Whoever violates this section shall be fined not more31108
than one hundred dollars, imprisoned not more than thirty days, or31109
both.31110

       Sec. 4561.24. (A) No person shall operate a motor vehicle31111
upon any runway of an airport without prior approval of the person31112
in charge of the airport when the airport has been certified as a31113
commercial airport by the office of aviation.31114

       Any person lending assistance to the operator or operation of31115
a vehicle engaged in such activity shall be equally charged as the31116
participants.31117

       (B)Except as otherwise provided in this division, whoever31118
violates this section shall be fined not less than one hundred nor31119
more than five hundred dollars, imprisoned for not more than six31120
months, or both. If the offender previously has committed a31121
violation of this section, whoever violates this section shall be31122
fined not less than two hundred nor more than one thousand31123
dollars, imprisoned for not more than one year, or both.31124

       (C) As used in this section, "motor vehicle" has the same31125
meaning as in section 4501.01 of the Revised Code.31126

       (D) Airport vehicles and emergency and maintenance equipment31127
are exempted from this section.31128

       Sec. 4561.31.  (A)(1) Except as provided in divisions (D),31129
(E), and (F) of this section, no person shall commence to install31130
any structure or object of natural growth in this state, any part31131
of which will penetrate or is reasonably expected to penetrate31132
into or through any airport's clear zone surface, horizontal31133
surface, conical surface, primary surface, approach surface, or31134
transitional surface without first obtaining a permit from the31135
department of transportation under section 4561.34 of the Revised31136
Code. The replacement of an existing structure or object of31137
natural growth with, respectively, a structure or object that is31138
not more than ten feet or twenty per cent higher than the height31139
of the existing structure or object, whichever is higher, does not31140
constitute commencing to install a structure or object, except31141
when any part of the structure or object will penetrate or is31142
reasonably expected to penetrate into or through any airport's31143
clear zone surface, horizontal surface, conical surface, primary31144
surface, approach surface, or transitional surface. Such31145
replacement of a like structure or object is not exempt from any31146
other requirements of state or local law.31147

       (2) No person shall substantially change, as determined by31148
the department, the height or location of any structure or object31149
of natural growth in this state, any part of which, as a result of31150
such change, will penetrate or is reasonably expected to penetrate31151
into or through any airport's clear zone surface, horizontal31152
surface, conical surface, primary surface, approach surface, or31153
transitional surface, and for which installation had commenced or31154
which was already installed prior to the effective date of this31155
sectionOctober 15, 1991, without first obtaining a permit from31156
the department under section 4561.34 of the Revised Code. This31157
division does not exempt the structure or object from any other31158
requirements of state or local law.31159

       (3) No person shall substantially change, as determined by31160
the department, the height or location of any structure or object31161
of natural growth for which a permit was issued pursuant to31162
section 4561.34 of the Revised Code, without first obtaining an31163
amended permit from the department under that section.31164

       (B) No person shall install, operate, or maintain any31165
structure or object of natural growth for which a permit has been31166
issued under section 4561.34 of the Revised Code, except in31167
compliance with the permit's terms and conditions and with any31168
rules or orders issued under sections 4561.30 to 4561.39 of the31169
Revised Code.31170

       (C) The holder of a permit issued under section 4561.34 of31171
the Revised Code, with the department's approval, may transfer the31172
permit to another person who agrees to comply with its terms and31173
conditions.31174

       (D) Any person who receives a permit to construct,31175
establish, substantially change, or substantially alter a31176
structure or object of natural growth from an airport zoning board31177
on or after the effective date of this sectionOctober 15, 1991,31178
under Chapter 4563. of the Revised Code is not required to apply31179
for a permit from the department under sections 4561.30 to 4561.3931180
of the Revised Code, provided that the airport zoning board has31181
adopted airport zoning regulations pursuant to section 4563.032 of31182
the Revised Code.31183

       (E) Any person who receives a certificate from the power31184
siting board pursuant to section 4906.03 or 4906.10 of the Revised31185
Code on or after the effective date of this sectionOctober 15,31186
1991, is not required to apply for a permit from the department31187
under sections 4561.30 to 4561.39 of the Revised Code.31188

       (F) Any person who, in accordance with 14 C.F.R. 77.11 to31189
77.19, notified the federal aviation administration prior to June31190
1, 1991, that hethe person proposes to construct, establish,31191
substantially change, or substantially alter a structure or object31192
of natural growth is not required to apply for a permit from the31193
department under sections 4561.30 to 4561.39 of the Revised Code31194
in connection with the construction, establishment, substantial31195
change, or substantial alteration of the structure or object of31196
natural growth either as originally proposed to the federal31197
aviation administration or as altered as the person or the federal31198
aviation administration considers necessary, provided that the31199
federal aviation administration, pursuant to 14 C.F.R. Part 77,31200
does not determine that the proposed construction, establishment,31201
substantial change, or substantial alteration of the structure or31202
object of natural growth would be a hazard to air navigation.31203

       (G)(1)Whoever violates division (A)(1) or (2) of this31204
section is guilty of a misdemeanor of the third degree. Each day31205
of violation constitutes a separate offense.31206

       (2) Whoever violates division (A)(3) or (B) of this section31207
is guilty of a misdemeanor of the first degree. Each day of31208
violation constitutes a separate offense.31209

       Sec. 4561.99. (A) Whoever violates any provision of31210
sections 4561.014561.021 to 4561.144561.13 of the Revised Code31211
for which no penalty otherwise is provided in the section that31212
contains the provision violated shall be fined not more than five31213
hundred dollars, imprisoned not more than ninety days, or both.31214

       (B) Whoever violates section 4561.15 of the Revised Code31215
shall be fined not more than five hundred dollars, imprisoned not31216
more than six months, or both.31217

       (C) Whoever violates section 4561.22 of the Revised Code31218
shall be fined not more than one hundred dollars, imprisoned not31219
more than thirty days, or both.31220

       (D) Whoever violates section 4561.24 of the Revised Code31221
shall be fined not less than one hundred nor more than five31222
hundred dollars, imprisoned for not more than six months, or both,31223
for a first offense and shall be fined not less than two hundred31224
nor more than one thousand dollars, imprisoned for not more than31225
one year, or both, for each subsequent offense.31226

       (E) Whoever violates division (A)(1) or (2) of section31227
4561.31 of the Revised Code is guilty of a misdemeanor of the31228
third degree. Each day of violation constitutes a separate31229
offense.31230

       (F) Whoever violates division (A)(3) or (B) of section31231
4561.31 of the Revised Code is guilty of a misdemeanor of the31232
first degree. Each day of violation constitutes a separate31233
offense.31234

       Sec. 4563.09.  No airport zoning regulations adopted under31235
sections 4563.01 to 4563.21, inclusive, and section 4563.99 of the31236
Revised Code, shall require the removal, lowering, or other change31237
or alteration of any structure or object of natural growth not31238
conforming to the regulations when adopted or amended, or31239
otherwise interfere with the continuance of any nonconforming use,31240
except as provided in section 4563.14 of the Revised Code.31241

       Sec. 4563.10.  Nothing in sections 4563.01 to 4563.21,31242
inclusive, of the Revised Code, shall confer any power on any31243
political subdivision or airport zoning board to prohibit the use31244
of any land for farming, dairying, pasturage, apiculture,31245
horticulture, floriculture, viticulture, or animal and poultry31246
husbandry, except where such use shall create an airport hazard.31247
The provisions of sections 4563.01 to 4563.21, inclusive, and31248
section 4563.99 of the Revised Code shall not apply in respect to31249
the location, relocation, erection, construction, reconstruction,31250
change, alteration, maintenance, removal, use, or enlargement of31251
any buildings or structures, now existing or constructed in the31252
future, of any public utility or railroad.31253

       Sec. 4563.20. (A) No person shall violate any regulation,31254
order, or ruling promulgated or made pursuant to sections 4563.0131255
to 4563.21, inclusive, of the Revised Code.31256

       (B)Whoever violates this section shall be fined not more31257
than one hundred dollars. Each day's willful continuation of the31258
violation is a separate offense.31259

       Sec. 4582.06. (A) A port authority created in accordance31260
with section 4582.02 of the Revised Code may:31261

       (A)(1) Acquire, construct, furnish, equip, maintain, repair,31262
sell, exchange, lease to or from, lease with an option to31263
purchase, convey other interests in, or operate real or personal31264
property, or any combination thereof, related to, useful for, or31265
in furtherance of any authorized purpose, and make charges for the31266
use of any port authority facility, which shall be not less than31267
the charges established for the same services furnished by a31268
public utility or common carrier in the jurisdiction of the31269
particular port authority;31270

       (B)(2) Straighten, deepen, and improve any canal, channel,31271
river, stream, or other water course or way that may be necessary31272
or proper in the development of the facilities of the port31273
authority;31274

       (C)(3) Issue bonds or notes for the acquisition,31275
construction, furnishing, or equipping of any real or personal31276
property, or any combination thereof, related to, useful for, or31277
in furtherance of any authorized purpose, in compliance with31278
Chapter 133. of the Revised Code, except that the bonds or notes31279
only may be issued pursuant to a vote of the electors residing31280
within the territory of the port authority. The net indebtedness31281
incurred by a port authority shall never exceed two per cent of31282
the total value of all property within the territory comprising31283
the authority as listed and assessed for taxation.31284

       (D)(4) By resolution of its board of directors, issue31285
revenue bonds beyond the limit of bonded indebtedness provided by31286
law, for the acquisition, construction, furnishing, or equipping31287
of any real or personal property, or any combination thereof,31288
related to, useful for, or in furtherance of any authorized31289
purpose, including all costs in connection with or incidental31290
thereto.31291

       The revenue bonds of the port authority shall be secured only31292
by a pledge of and a lien on the revenues of the port authority31293
derived from those loan payments, rentals, fees, charges, or other31294
revenues that are designated in the resolution, including, but not31295
limited to, any property to be acquired, constructed, furnished,31296
or equipped with the proceeds of the bond issue, after provision31297
only for the reasonable cost of operating, maintaining, and31298
repairing the property of the port authority so designated. The31299
bonds may further be secured by the covenant of the port authority31300
to maintain rates or charges that will produce revenues sufficient31301
to meet the costs of operating, maintaining, and repairing such31302
property and to meet the interest and principal requirements of31303
the bonds and to establish and maintain reserves for the foregoing31304
purposes. The board of directors, by resolution, may provide for31305
the issuance of additional revenue bonds from time to time, to be31306
secured equally and ratably, without preference, priority, or31307
distinction, with outstanding revenue bonds, but subject to the31308
terms and limitations of any trust agreement described in this31309
section, and of any resolution authorizing bonds then outstanding.31310
The board of directors, by resolution, may designate additional31311
property of the port authority, the revenues of which shall be31312
pledged and be subject to a lien for the payment of the debt31313
charges on revenue bonds theretofore authorized by resolution of31314
the board of directors, to the same extent as the revenues above31315
described.31316

       In the discretion of the board of directors, the revenue31317
bonds of the port authority may be secured by a trust agreement31318
between the board of directors on behalf of the port authority and31319
a corporate trustee, that may be any trust company or bank having31320
powers of a trust company, within or without the state.31321

       The trust agreement may provide for the pledge or assignment31322
of the revenues to be received, but shall not pledge the general31323
credit and taxing power of the port authority. A trust agreement31324
securing revenue bonds issued to acquire, construct, furnish, or31325
equip real property, plants, factories, offices, and other31326
structures and facilities for authorized purposes consistent with31327
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage31328
the real or personal property, or a combination thereof, to be31329
acquired, constructed, furnished, or equipped from the proceeds of31330
such revenue bonds, as further security for the bonds. The trust31331
agreement or the resolution providing for the issuance of revenue31332
bonds may set forth the rights and remedies of the bondholders and31333
trustee, and may contain other provisions for protecting and31334
enforcing their rights and remedies that are determined in the31335
discretion of the board of directors to be reasonable and proper.31336
The agreement or resolution may provide for the custody,31337
investment, and disbursement of all moneys derived from the sale31338
of such bonds, or from the revenues of the port authority, other31339
than those moneys received from taxes levied pursuant to section31340
4582.14 of the Revised Code, and may provide for the deposit of31341
such funds without regard to section 4582.15 of the Revised Code.31342

       All bonds issued under authority of this chapter, regardless31343
of form or terms and regardless of any other law to the contrary,31344
shall have all qualities and incidents of negotiable instruments,31345
subject to provisions for registration, and may be issued in31346
coupon, fully registered, or other form, or any combination31347
thereof, as the board of directors determines. Provision may be31348
made for the registration of any coupon bonds as to principal31349
alone or as to both principal and interest, and for the conversion31350
into coupon bonds of any fully registered bonds or bonds31351
registered as to both principal and interest.31352

       The revenue bonds shall bear interest at such rate or rates,31353
shall bear such date or dates, and shall mature within forty years31354
following the date of issuance and in such amount, at such time or31355
times, and in such number of installments, as may be provided in31356
or pursuant to the resolution authorizing their issuance. Any31357
original issue of revenue bonds shall mature not later than forty31358
years from their date of issue. Such resolution also shall31359
provide for the execution of the bonds, which may be by facsimile31360
signatures unless prohibited by the resolution, and the manner of31361
sale of the bonds. The resolution shall provide for, or provide31362
for the determination of, any other terms and conditions relative31363
to the issuance, sale, and retirement of the bonds that the board31364
of directors in its discretion determines to be reasonable and31365
proper.31366

       Whenever a port authority considers it expedient, it may31367
issue renewal notes and refund any bonds, whether the bonds to be31368
refunded have or have not matured. The final maturity of any31369
notes, including any renewal notes, shall not be later than five31370
years from the date of issue of the original issue of notes. The31371
final maturity of any refunding bonds shall not be later than the31372
later of forty years from the date of issue of the original issue31373
of bonds or the date by which it is expected, at the time of31374
issuance of the refunding bonds, that the useful life of all of31375
the property, other than interests in land, refinanced with31376
proceeds of the bonds will have expired. The refunding bonds31377
shall be sold and the proceeds applied to the purchase,31378
redemption, or payment of the bonds to be refunded and the costs31379
of issuance of the refunding bonds. The bonds and notes issued31380
under this chapter, their transfer, and the income therefrom,31381
shall at all times be free from taxation within the state.31382

       (E)(5) Do any of the following, in regard to any interests31383
in any real or personal property, or any combination thereof,31384
including, without limitation, machinery, equipment, plants,31385
factories, offices, and other structures and facilities related31386
to, useful for, or in furtherance of any authorized purpose, for31387
such consideration and in such manner, consistent with Article31388
VIII, Ohio Constitution, as the board in its sole discretion may31389
determine:31390

       (1)(a) Loan moneys to any person for the acquisition,31391
construction, furnishing, and equipping of the property;31392

       (2)(b) Acquire, construct, maintain, repair, furnish, and31393
equip the property;31394

       (3)(c) Sell to, exchange with, lease, convey other interests31395
in, or lease with an option to purchase the same or any lesser31396
interest in the property to the same or any other person or31397
governmental entity;31398

       (4)(d) Guarantee the obligations of any person or31399
governmental entity.31400

       A port authority may accept and hold as consideration for the31401
conveyance of property or any interest therein such property or31402
interests therein as the board in its discretion may determine,31403
notwithstanding any restrictions that apply to the investment of31404
funds by a port authority.31405

       (F)(6) Construct, maintain, repair, furnish, equip, sell,31406
exchange, lease, or lease with an option to purchase, any property31407
that it is authorized to acquire. A port authority that is31408
subject to this section also may operate any property in31409
connection with transportation, recreational, governmental31410
operations, or cultural activities.31411

       (1)(a) Any purchase, exchange, sale, lease, lease with an31412
option to purchase, conveyance of other interests in, or other31413
contract with a person or governmental entity that pertains to the31414
acquisition, construction, maintenance, repair, furnishing,31415
equipping, or operation of any real or personal property, or any31416
combination thereof, related to, useful for, or in furtherance of31417
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31418
Constitution, shall be made in such manner and subject to such31419
terms and conditions as may be determined by the board of31420
directors in its discretion.31421

       (2)(b) Division (F)(1)(A)(6)(a) of this section applies to31422
all contracts that are subject to the division, notwithstanding31423
any other provision of law that might otherwise apply, including,31424
without limitation, any requirement of notice, any requirement of31425
competitive bidding or selection, or any requirement for the31426
provision of security.31427

       (3)(c) Divisions (F)(1)(A)(6)(a) and (2)(b) of this section31428
do not apply to either of the following:31429

       (a)(i) Any contract secured by or to be paid from moneys31430
raised by taxation or the proceeds of obligations secured by a31431
pledge of moneys raised by taxation;31432

       (b)(ii) Any contract secured exclusively by or to be paid31433
exclusively from the general revenues of the port authority. For31434
the purposes of this section, any revenues derived by the port31435
authority under a lease or other agreement that, by its terms,31436
contemplates the use of amounts payable under the agreement either31437
to pay the costs of the improvement that is the subject of the31438
contract or to secure obligations of the port authority issued to31439
finance costs of such improvement, are excluded from general31440
revenues.31441

       (G)(7) Apply to the proper authorities of the United States31442
pursuant to appropriate law for the right to establish, operate,31443
and maintain foreign trade zones and to establish, operate, and31444
maintain foreign trade zones; and to acquire land or property31445
therefor, in a manner consistent with section 4582.17 of the31446
Revised Code;31447

       (H)(8) Exercise the right of eminent domain to appropriate31448
any land, rights, rights-of-way, franchises, easements, or other31449
property, necessary or proper for any authorized purpose, pursuant31450
to the procedure provided in sections 163.01 to 163.22 of the31451
Revised Code, if funds equal to the appraised value of the31452
property to be acquired as a result of such proceedings are31453
available for that purpose, except that nothing contained in31454
sections 4582.01 to 4582.20 of the Revised Code shall authorize a31455
port authority to take or disturb property or facilities belonging31456
to any agency or political subdivision of this state, public31457
utility, or common carrier, which property or facilities are31458
necessary and convenient in the operation of the agency or31459
political subdivision, public utility, or common carrier, unless31460
provision is made for the restoration, relocation, or duplication31461
of the property or facilities, or upon the election of the agency31462
or political subdivision, public utility, or common carrier, for31463
the payment of compensation, if any, at the sole cost of the port31464
authority, provided that:31465

       (1)(a) If any restoration or duplication proposed to be made31466
pursuant to this section involves a relocation of such property or31467
facilities, the new facilities and location shall be of at least31468
comparable utilitarian value and effectiveness, and the relocation31469
shall not impair the ability of the public utility or common31470
carrier to compete in its original area of operation.31471

       (2)(b) If any restoration or duplication made pursuant to31472
this section involves a relocation of such property or facilities,31473
the port authority shall acquire no interest or right in or to the31474
appropriated property or facilities, except as provided in31475
division (K)(A)(11) of this section, until the relocated property31476
or facilities are available for use and until marketable title31477
thereto has been transferred to the public utility or common31478
carrier.31479

       (3)(c) Provisions for restoration or duplication shall be31480
described in detail in the resolution for appropriation passed by31481
the port authority.31482

       (I)(9) Enjoy and possess the same rights, privileges, and31483
powers granted municipal corporations under sections 721.04 to31484
721.11 of the Revised Code;31485

       (J)(10) Maintain such funds as it considers necessary;31486

       (K)(11) Direct its agents or employees, when properly31487
identified in writing, and after at least five days' written31488
notice, to enter upon lands within the confines of its31489
jurisdiction in order to make surveys and examinations preliminary31490
to location and construction of works for the purposes of the port31491
authority, without liability of the port authority or its agents31492
or employees except for actual damage done;31493

       (L)(12) Sell, lease, or convey other interests in real and31494
personal property and grant easements or rights-of-way over31495
property of the port authority. The board of directors shall31496
specify the consideration and any terms thereof for the sale,31497
lease, or conveyance of other interests in real and personal31498
property. Any determinations made by the board of directors under31499
this division shall be conclusive. The sale, lease, or conveyance31500
may be made without advertising and the receipt of bids.31501

       (M)(13) Promote, advertise, and publicize the port authority31502
facilities and its authorized purposes, provide information to31503
persons with an interest in transportation and other port31504
authority activities, and appear before rate-making authorities to31505
represent and promote the interests of the port authority and its31506
authorized purposes;31507

       (N)(14) Adopt rules, not in conflict with general law,31508
governing the use of and the safeguarding of its property,31509
grounds, buildings, equipment, and facilities, safeguarding31510
persons and their property located on or in port authority31511
property, and governing the conduct of its employees and the31512
public, in order to promote the public safety and convenience in31513
and about its terminals and grounds, and to maintain order. Any31514
such regulation shall be posted at no less than five public places31515
in the port authority, as determined by the board of directors,31516
for a period of not fewer than fifteen days, and shall be31517
available for public inspection at the principal office of the31518
port authority during regular business hours. No person shall31519
violate any lawful regulation adopted and posted as provided in31520
this division.31521

       (O)(15) Do all acts necessary or appropriate to carry out31522
its authorized purposes. The port authority shall have the powers31523
and rights granted to other subdivisions under section 9.20 of the31524
Revised Code.31525

       (B) Any instrument by which real property is acquired31526
pursuant to this section shall identify the agency of the state31527
that has the use and benefit of the real property as specified in31528
section 5301.012 of the Revised Code.31529

       (C)Whoever violates division (A)(14) of this section is31530
guilty of a minor misdemeanor.31531

       Sec. 4582.31. (A) A port authority created in accordance31532
with section 4582.22 of the Revised Code may:31533

       (A)(1) Adopt bylaws for the regulation of its affairs and31534
the conduct of its business;31535

       (B)(2) Adopt an official seal;31536

       (C)(3) Maintain a principal office within its jurisdiction,31537
and maintain such branch offices as it may require;31538

       (D)(4) Acquire, construct, furnish, equip, maintain, repair,31539
sell, exchange, lease to or from, or lease with an option to31540
purchase, convey other interests in real or personal property, or31541
any combination thereof, related to, useful for, or in furtherance31542
of any authorized purpose and operate any property in connection31543
with transportation, recreational, governmental operations, or31544
cultural activities;31545

       (E)(5) Straighten, deepen, and improve any channel, river,31546
stream, or other water course or way which may be necessary or31547
proper in the development of the facilities of a port authority;31548

       (F)(6) Make available the use or services of any port31549
authority facility to one or more persons, one or more31550
governmental agencies, or any combination thereof;31551

       (G)(7) Issue bonds or notes for the acquisition,31552
construction, furnishing, or equipping of any port authority31553
facility or other permanent improvement that a port authority is31554
authorized to acquire, construct, furnish, or equip, in compliance31555
with Chapter 133. of the Revised Code, except that such bonds or31556
notes may only be issued pursuant to a vote of the electors31557
residing within the area of jurisdiction of the port authority.31558
The net indebtedness incurred by a port authority shall never31559
exceed two per cent of the total value of all property within the31560
territory comprising the port authority as listed and assessed for31561
taxation.31562

       (H)(8) Issue port authority revenue bonds beyond the limit31563
of bonded indebtedness provided by law, payable solely from31564
revenues as provided in section 4582.48 of the Revised Code, for31565
the purpose of providing funds to pay the costs of any port31566
authority facility or facilities or parts thereof;31567

       (I)(9) Apply to the proper authorities of the United States31568
pursuant to appropriate law for the right to establish, operate,31569
and maintain foreign trade zones and establish, operate, and31570
maintain foreign trade zones and to acquire, exchange, sell, lease31571
to or from, lease with an option to purchase, or operate31572
facilities, land, or property therefor in accordance with the31573
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to31574
81u;31575

       (J)(10) Enjoy and possess the same rights, privileges, and31576
powers granted municipal corporations under sections 721.04 to31577
721.11 of the Revised Code;31578

       (K)(11) Maintain such funds as it considers necessary;31579

       (L)(12) Direct its agents or employees, when properly31580
identified in writing, and after at least five days' written31581
notice, to enter upon lands within the confines of its31582
jurisdiction in order to make surveys and examinations preliminary31583
to location and construction of works for the purposes of the port31584
authority, without liability of the port authority or its agents31585
or employees except for actual damage done;31586

       (M)(13) Promote, advertise, and publicize the port authority31587
and its facilities; provide information to shippers and other31588
commercial interests; and appear before rate-making authorities to31589
represent and promote the interests of the port authority;31590

       (N)(14) Adopt rules, not in conflict with general law, it31591
finds necessary or incidental to the performance of its duties and31592
the execution of its powers under sections 4582.21 to 4582.54 of31593
the Revised Code. Any such rule shall be posted at no less than31594
five public places in the port authority, as determined by the31595
board of directors, for a period of not fewer than fifteen days,31596
and shall be available for public inspection at the principal31597
office of the port authority during regular business hours. No31598
person shall violate any lawful rule adopted and posted as31599
provided in this division.31600

       (O)(15) Do any of the following, in regard to any interests31601
in any real or personal property, or any combination thereof,31602
including, without limitation, machinery, equipment, plants,31603
factories, offices, and other structures and facilities related31604
to, useful for, or in furtherance of any authorized purpose, for31605
such consideration and in such manner, consistent with Article31606
VIII of the Ohio Constitution, as the board in its sole discretion31607
may determine:31608

       (1)(a) Loan moneys to any person or governmental entity for31609
the acquisition, construction, furnishing, and equipping of the31610
property;31611

       (2)(b) Acquire, construct, maintain, repair, furnish, and31612
equip the property;31613

       (3)(c) Sell to, exchange with, lease, convey other interests31614
in, or lease with an option to purchase the same or any lesser31615
interest in the property to the same or any other person or31616
governmental entity;31617

       (4)(d) Guarantee the obligations of any person or31618
governmental entity.31619

       A port authority may accept and hold as consideration for the31620
conveyance of property or any interest therein such property or31621
interests therein as the board in its discretion may determine,31622
notwithstanding any restrictions that apply to the investment of31623
funds by a port authority.31624

       (P)(16) Sell, lease, or convey other interests in real and31625
personal property, and grant easements or rights-of-way over31626
property of the port authority. The board of directors shall31627
specify the consideration and any terms for the sale, lease, or31628
conveyance of other interests in real and personal property. Any31629
determination made by the board under this division shall be31630
conclusive. The sale, lease, or conveyance may be made without31631
advertising and the receipt of bids.31632

       (Q)(17) Exercise the right of eminent domain to appropriate31633
any land, rights, rights-of-way, franchises, easements, or other31634
property, necessary or proper for any authorized purpose, pursuant31635
to the procedure provided in sections 163.01 to 163.22 of the31636
Revised Code, if funds equal to the appraised value of the31637
property to be acquired as a result of such proceedings are31638
available for that purpose. However, nothing contained in31639
sections 4582.201 to 4582.59 of the Revised Code shall authorize a31640
port authority to take or disturb property or facilities belonging31641
to any agency or political subdivision of this state, public31642
utility, or common carrier, which property or facilities are31643
necessary and convenient in the operation of the agency or31644
political subdivision, public utility, or common carrier, unless31645
provision is made for the restoration, relocation, or duplication31646
of such property or facilities, or upon the election of the agency31647
or political subdivision, public utility, or common carrier, for31648
the payment of compensation, if any, at the sole cost of the port31649
authority, provided that:31650

       (1)(a) If any restoration or duplication proposed to be made31651
under this section involves a relocation of the property or31652
facilities, the new facilities and location shall be of at least31653
comparable utilitarian value and effectiveness and shall not31654
impair the ability of the public utility or common carrier to31655
compete in its original area of operation;31656

       (2)(b) If any restoration or duplication made under this31657
section involves a relocation of the property or facilities, the31658
port authority shall acquire no interest or right in or to the31659
appropriated property or facilities, except as provided in31660
division (O) of this section, until the relocated property or31661
facilities are available for use and until marketable title31662
thereto has been transferred to the public utility or common31663
carrier.31664

       (R)(1)(18)(a) Make and enter into all contracts and31665
agreements and execute all instruments necessary or incidental to31666
the performance of its duties and the execution of its powers31667
under sections 4582.21 to 4582.59 of the Revised Code.31668

       (2)(b) Except as provided in division (R)(3)(A)(18)(c) of31669
this section, when the cost of a contract for the construction of31670
any building, structure, or other improvement undertaken by a port31671
authority involves an expenditure exceeding twenty-five thousand31672
dollars, and the port authority is the contracting entity, the31673
port authority shall make a written contract after notice calling31674
for bids for the award of the contract has been given by31675
publication twice, with at least seven days between publications,31676
in a newspaper of general circulation in the area of the port31677
authority. Each such contract shall be let to the lowest31678
responsive and responsible bidder in accordance with section 9.31231679
of the Revised Code. Every contract shall be accompanied by or31680
shall refer to plans and specifications for the work to be done,31681
prepared for and approved by the port authority, signed by an31682
authorized officer of the port authority and by the contractor,31683
and shall be executed in triplicate.31684

       Each bid shall be awarded in accordance with sections 153.54,31685
153.57, and 153.571 of the Revised Code. The port authority may31686
reject any and all bids.31687

       (3)(c) The board of directors by rule may provide criteria31688
for the negotiation and award without competitive bidding of any31689
contract as to which the port authority is the contracting entity31690
for the construction of any building or structure or other31691
improvement under any of the following circumstances:31692

       (a)(i) There exists a real and present emergency that31693
threatens damage or injury to persons or property of the port31694
authority or other persons, provided that a statement specifying31695
the nature of the emergency that is the basis for the negotiation31696
and award of a contract without competitive bidding shall be31697
signed by the officer of the port authority that executes that31698
contract at the time of the contract's execution and shall be31699
attached to the contract.31700

       (b)(ii) A commonly recognized industry or other standard or31701
specification does not exist and cannot objectively be articulated31702
for the improvement.31703

       (c)(iii) The contract is for any energy conservation measure31704
as defined in section 307.041 of the Revised Code.31705

       (d)(iv) With respect to material to be incorporated into the31706
improvement, only a single source or supplier exists for the31707
material.31708

       (e)(v) A single bid is received by the port authority after31709
complying with the provisions of division (R)(2)(A)(18)(b) of this31710
section.31711

       (4)(a)(d)(i) If a contract is to be negotiated and awarded31712
without competitive bidding for the reason set forth in division31713
(R)(3)(b)(A)(18)(c)(ii) of this section, the port authority shall31714
publish a notice calling for technical proposals at least twice,31715
with at least seven days between publications, in a newspaper of31716
general circulation in the area of the port authority. After31717
receipt of the technical proposals, the port authority may31718
negotiate with and award a contract for the improvement to the31719
proposer making the proposal considered to be the most31720
advantageous to the port authority.31721

       (b)(ii) If a contract is to be negotiated and awarded31722
without competitive bidding for the reason set forth in division31723
(R)(3)(d)(A)(18)(c)(iv) of this section, any construction31724
activities related to the incorporation of the material into the31725
improvement also may be provided without competitive bidding by31726
the source or supplier of that material.31727

       (5)(a)(e)(i) Any purchase, exchange, sale, lease, lease with31728
an option to purchase, conveyance of other interests in, or other31729
contract with a person or governmental entity that pertains to the31730
acquisition, construction, maintenance, repair, furnishing,31731
equipping, or operation of any real or personal property, or any31732
combination thereof, related to, useful for, or in furtherance of31733
an activity contemplated by Section 13 or 16 of Article VIII, Ohio31734
Constitution, shall be made in such manner and subject to such31735
terms and conditions as may be determined by the board of31736
directors in its discretion.31737

       (b)(ii) Division (R)(5)(a)(A)(18)(e)(i) of this section31738
applies to all contracts that are subject to the division,31739
notwithstanding any other provision of law that might otherwise31740
apply, including, without limitation, any requirement of notice,31741
any requirement of competitive bidding or selection, or any31742
requirement for the provision of security.31743

       (c)(iii) Divisions (R)(5)(a)(A)(18)(e)(i) and (b)(ii) of31744
this section do not apply to either of the following:31745

       (i) Any: any contract secured by or to be paid from moneys31746
raised by taxation or the proceeds of obligations secured by a31747
pledge of moneys raised by taxation.31748

       (ii) Any;or any contract secured exclusively by or to be31749
paid exclusively from the general revenues of the port authority.31750
For the purposes of this section, any revenues derived by the port31751
authority under a lease or other agreement that, by its terms,31752
contemplates the use of amounts payable under the agreement either31753
to pay the costs of the improvement that is the subject of the31754
contract or to secure obligations of the port authority issued to31755
finance costs of such improvement, are excluded from general31756
revenues.31757

       (S)(19) Employ managers, superintendents, and other31758
employees and retain or contract with consulting engineers,31759
financial consultants, accounting experts, architects, attorneys,31760
and any other consultants and independent contractors as are31761
necessary in its judgment to carry out this chapter, and fix the31762
compensation thereof. All expenses thereof shall be payable from31763
any available funds of the port authority or from funds31764
appropriated for that purpose by a political subdivision creating31765
or participating in the creation of the port authority.31766

       (T)(20) Receive and accept from any state or federal agency31767
grants and loans for or in aid of the construction of any port31768
authority facility or for research and development with respect to31769
port authority facilities, and receive and accept aid or31770
contributions from any source of money, property, labor, or other31771
things of value, to be held, used, and applied only for the31772
purposes for which the grants and contributions are made;31773

       (U)(21) Engage in research and development with respect to31774
port authority facilities;31775

       (V)(22) Purchase fire and extended coverage and liability31776
insurance for any port authority facility and for the principal31777
office and branch offices of the port authority, insurance31778
protecting the port authority and its officers and employees31779
against liability for damage to property or injury to or death of31780
persons arising from its operations, and any other insurance the31781
port authority may agree to provide under any resolution31782
authorizing its port authority revenue bonds or in any trust31783
agreement securing the same;31784

       (W)(23) Charge, alter, and collect rentals and other charges31785
for the use or services of any port authority facility as provided31786
in section 4582.43 of the Revised Code;31787

       (X)(24) Provide coverage for its employees under Chapters31788
145., 4123., and 4141. of the Revised Code;31789

       (Y)(25) Do all acts necessary or proper to carry out the31790
powers expressly granted in sections 4582.21 to 4582.59 of the31791
Revised Code.31792

       (B) Any instrument by which real property is acquired31793
pursuant to this section shall identify the agency of the state31794
that has the use and benefit of the real property as specified in31795
section 5301.012 of the Revised Code.31796

       (C)Whoever violates division (A)(14) of this section is31797
guilty of a minor misdemeanor.31798

       Sec. 4582.59.  Sections 4582.22 to 4582.994582.59 of the31799
Revised Code and division (C) of section 4582.06 of the Revised31800
Code being necessary for the welfare of the state and its31801
inhabitants shall be liberally construed to effect the purposes31802
thereof.31803

       Sec. 4583.01. (A) No person shall keep a ferry across a31804
stream running through or bounding on a county in this state,31805
without having obtained a license therefor from the court of31806
common pleas of such county.31807

       (B)Whoever violates this section shall be fined not more31808
than thirty dollars.31809

       Sec. 5120.032.  (A) No later than January 1, 1998, the31810
department of rehabilitation and correction shall develop and31811
implement intensive program prisons for male and female prisoners31812
other than prisoners described in division (B)(2) of this section.31813
The intensive program prisons shall include institutions at which31814
imprisonment of the type described in division (B)(2)(a) of31815
section 5120.031 of the Revised Code is provided and prisons that31816
focus on educational achievement, vocational training, alcohol and31817
other drug abuse treatment, community service and conservation31818
work, and other intensive regimens or combinations of intensive31819
regimens.31820

       (B)(1)(a) Except as provided in division (B)(2) of this31821
section, if an offender is sentenced to a term of imprisonment31822
under the custody of the department, if the sentencing court31823
either recommends the prisoner for placement in the intensive31824
program prison under this section or makes no recommendation on31825
placement of the prisoner, and if the department determines that31826
the prisoner is eligible for placement in an intensive program31827
prison under this section, the department may place the prisoner31828
in an intensive program prison established pursuant to division31829
(A) of this section. If the sentencing court disapproves placement31830
of the prisoner in an intensive program prison, the department31831
shall not place the prisoner in any intensive program prison.31832

       If the sentencing court recommends a prisoner for placement31833
in an intensive program prison and if the department subsequently31834
places the prisoner in the recommended prison, the department31835
shall notify the court of the prisoner's placement in the31836
recommended intensive program prison and shall include with the31837
notice a brief description of the placement.31838

       If the sentencing court recommends placement of a prisoner31839
in an intensive program prison and the department for any reason31840
does not subsequently place the prisoner in the recommended31841
prison, the department shall send a notice to the court indicating31842
why the prisoner was not placed in the recommended prison.31843

       If the sentencing court does not make a recommendation on the31844
placement of a prisoner in an intensive program prison and if the31845
department determines that the prisoner is eligible for placement31846
in a prison of that nature, the department shall screen the31847
prisoner and determine if the prisoner is suited for the prison. 31848
If the prisoner is suited for the intensive program prison, at31849
least three weeks prior to placing the prisoner in the prison, the31850
department shall notify the sentencing court of the proposed31851
placement of the prisoner in the intensive program prison and31852
shall include with the notice a brief description of the31853
placement. The court shall have ten days from receipt of the31854
notice to disapprove the placement. If the sentencing court31855
disapproves the placement, the department shall not proceed with31856
it. If the sentencing court does not timely disapprove of the31857
placement, the department may proceed with plans for it.31858

       If the department determines that a prisoner is not eligible31859
for placement in an intensive program prison, the department shall31860
not place the prisoner in any intensive program prison.31861

       (b) The department may reduce the stated prison term of a31862
prisoner upon the prisoner's successful completion of a ninety-day31863
period in an intensive program prison. A prisoner whose term has31864
been so reduced shall be required to serve an intermediate,31865
transitional type of detention followed by a release under31866
post-release control sanctions or, in the alternative, shall be31867
placed under post-release control sanctions, as described in31868
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In31869
either case, the placement under post-release control sanctions31870
shall be under terms set by the parole board in accordance with31871
section 2967.28 of the Revised Code and shall be subject to the31872
provisions of that section and section 2929.141 of the Revised31873
Code with respect to a violation of any post-release control31874
sanction.31875

       (2) A prisoner who is in any of the following categories is31876
not eligible to participate in an intensive program prison31877
established pursuant to division (A) of this section:31878

       (a) The prisoner is serving a prison term for aggravated31879
murder, murder, or a felony of the first or second degree or a31880
comparable offense under the law in effect prior to July 1, 1996,31881
or the prisoner previously has been imprisoned for aggravated31882
murder, murder, or a felony of the first or second degree or a31883
comparable offense under the law in effect prior to July 1, 1996.31884

       (b) The prisoner is serving a mandatory prison term, as31885
defined in section 2929.01 of the Revised Code.31886

       (c) The prisoner is serving a prison term for a felony of31887
the third, fourth, or fifth degree that either is a sex offense,31888
an offense betraying public trust, or an offense in which the31889
prisoner caused or attempted to cause actual physical harm to a31890
person, the prisoner is serving a prison term for a comparable31891
offense under the law in effect prior to July 1, 1996, or the31892
prisoner previously has been imprisoned for an offense of that31893
type or a comparable offense under the law in effect prior to31894
July 1, 1996.31895

       (d) The prisoner is serving a mandatory prison term in31896
prison for a third or fourth degree felony OMVIOVI offense, as31897
defined in section 2929.01 of the Revised Code, that was imposed31898
pursuant to division (G)(2) of section 2929.13 of the Revised31899
Code.31900

       (C) Upon the implementation of intensive program prisons31901
pursuant to division (A) of this section, the department at all31902
times shall maintain intensive program prisons sufficient in31903
number to reduce the prison terms of at least three hundred fifty31904
prisoners who are eligible for reduction of their stated prison31905
terms as a result of their completion of a regimen in an intensive31906
program prison under this section.31907

       Sec. 5120.033.  (A) As used in this section, "third degree31908
felony OMVIOVI offense" and "fourth degree felony OMVIOVI31909
offense" have the same meanings as in section 2929.01 of the31910
Revised Code.31911

       (B) Within eighteen months after October 17, 1996, the31912
department of rehabilitation and correction shall develop and31913
implement intensive program prisons for male and female prisoners31914
who are sentenced pursuant to division (G)(2) of section 2929.1331915
of the Revised Code to a mandatory prison term for a third or31916
fourth degree felony OMVIOVI offense. The department shall31917
contract pursuant to section 9.06 of the Revised Code for the31918
private operation and management of the initial intensive program31919
prison established under this section and may contract pursuant to31920
that section for the private operation and management of any other31921
intensive program prison established under this section. The31922
intensive program prisons established under this section shall31923
include prisons that focus on educational achievement, vocational31924
training, alcohol and other drug abuse treatment, community31925
service and conservation work, and other intensive regimens or31926
combinations of intensive regimens.31927

       (C) Except as provided in division (D) of this section, the31928
department may place a prisoner who is sentenced to a mandatory31929
prison term for a third or fourth degree felony OMVIOVI offense31930
in an intensive program prison established pursuant to division31931
(B) of this section if the sentencing judge, upon notification by31932
the department of its intent to place the prisoner in an intensive31933
program prison, does not notify the department that the judge31934
disapproves the placement. If the stated prison term imposed on a31935
prisoner who is so placed is longer than the mandatory prison term31936
that is required to be imposed on the prisoner, the department may31937
reduce the stated prison term upon the prisoner's successful31938
completion of the prisoner's mandatory prison term in an intensive31939
program prison. A prisoner whose term has been so reduced shall31940
be required to serve an intermediate, transitional type of31941
detention followed by a release under post-release control31942
sanctions or, in the alternative, shall be placed under31943
post-release control sanctions, as described in division31944
(B)(2)(b)(ii) of section 5120.031 of the Revised Code. In either31945
case, the placement under post-release control sanctions shall be31946
under terms set by the parole board in accordance with section31947
2967.28 of the Revised Code and shall be subject to the provisions31948
of that section and section 2929.141 of the Revised Code with31949
respect to a violation of any post-release control sanction. Upon31950
the establishment of the initial intensive program prison pursuant31951
to division (B) of this section that is privately operated and31952
managed by a contractor pursuant to a contract entered into under31953
section 9.06 of the Revised Code, the department shall comply with31954
divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code31955
in placing prisoners in intensive program prisons under this31956
section.31957

       (D) A prisoner who is sentenced to a mandatory prison term31958
for a third or fourth degree felony OMVIOVI offense is not31959
eligible to participate in an intensive program prison established31960
under division (B) of this section if any of the following applies31961
regarding the prisoner:31962

       (1) In addition to the mandatory prison term for the third31963
or fourth degree felony OMVIOVI offense, the prisoner also is31964
serving a prison term of a type described in division (B)(2)(a),31965
(b), or (c) of section 5120.032 of the Revised Code.31966

       (2) The prisoner previously has been imprisoned for an31967
offense of a type described in division (B)(2)(a) or (c) of31968
section 5120.032 of the Revised Code or a comparable offense under31969
the law in effect prior to July 1, 1996.31970

       (E) Intensive program prisons established under division (B)31971
of this section are not subject to section 5120.032 of the Revised31972
Code.31973

       Sec. 5120.161.  (A) Except as provided in division (C) of31974
this section, the department of rehabilitation and correction may31975
enter into an agreement with any local authority operating a31976
county, multicounty, municipal, municipal-county, or31977
multicounty-municipal jail or workhouse, as described in section31978
307.93, 341.21, or 753.16 of the Revised Code, for the housing in31979
the jail or workhouse operated by the local authority of persons31980
who are convicted of or plead guilty to a felony of the fourth or31981
fifth degree if the person previously has not been convicted of or31982
pleaded guilty to a felony and if the felony is not an offense of31983
violence. The agreement shall specify a per diem fee that the31984
department shall pay the local authority for each such person31985
housed in the jail or workhouse pursuant to the agreement, shall31986
set forth any other terms and conditions for the housing of such31987
persons in the jail or workhouse, and shall indicate that the31988
department, subject to the relevant terms and conditions set31989
forth, may designate those persons to be housed at the jail or31990
workhouse.31991

       (B) A person designated by the department to be housed in a31992
county, multicounty, municipal, municipal-county, or31993
multicounty-municipal jail or workhouse that is the subject of an31994
agreement entered into under division (A) of this section shall be31995
conveyed by the department to that jail or workhouse and shall be31996
kept at the jail or workhouse until the person's term of31997
imprisonment expires, the person is pardoned, paroled, or placed31998
under a post-release control sanction, or the person is31999
transferred under the laws permitting the transfer of prisoners. 32000
The department shall pay the local authority that operates the32001
jail or workhouse the per diem fee specified in the agreement for32002
each such person housed in the jail or workhouse. Each such32003
person housed in the jail or workhouse shall be under the direct32004
supervision and control of the keeper, superintendent, or other32005
person in charge of the jail or workhouse, but shall be considered32006
for all other purposes to be within the custody of the department32007
of rehabilitation and correction. Section 2967.193 of the Revised32008
Code and all other provisions of the Revised Code that pertain to32009
persons within the custody of the department that would not by32010
their nature clearly be inapplicable apply to persons housed32011
pursuant to this section.32012

       (C) The department of rehabilitation and correction shall32013
not enter into an agreement pursuant to division (A) of this32014
section with any local authority unless the jail or workhouse32015
operated by the authority complies with the Minimum Standards for32016
Jails in Ohio.32017

       (D) A court that sentences a person for a felony may include32018
as the sentence or part of the sentence, in accordance with32019
division (A) of section 2929.16 of the Revised Code and regardless32020
of whether the jail or workhouse is the subject of an agreement32021
entered into under division (A) of this section, a sanction that32022
consists of a term of up to six months in a jail or workhouse or,32023
if the offense is a fourth degree felony OMVIOVI offense and the32024
offender is sentenced under division (G)(1) of section 2929.13 of32025
the Revised Code, a sanction that consists of a term of up to one32026
year in jail less the mandatory term of local incarceration of32027
sixty or one hundred twenty consecutive days imposed pursuant to32028
division (G)(1) of section 2929.13 of the Revised Code.32029

       (E) "Fourth degree felony OMVIOVI offense" and "mandatory32030
term of local incarceration" have the same meanings as in section32031
2929.01 of the Revised Code.32032

       Sec. 5503.22.  Driver's license examiners assigned to the32033
driver's license examination section shall conduct all32034
examinations for driver's licenses as required by sections 4507.0132035
to 4507.38, inclusive,4507.36 of the Revised Code, subject to the32036
regulations issued by the registrar of motor vehicles.32037

       Sec. 5743.99.  (A) Whoever violates section 5743.10,32038
5743.11, or 5743.12 or division (C) of section 5743.54 of the32039
Revised Code is guilty of a misdemeanor of the first degree. If32040
the offender has been previously convicted of an offense under32041
this division, violation is a felony of the fourth degree.32042

       (B) Whoever violates section 5743.111, 5743.112, 5743.13,32043
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a32044
felony of the fourth degree. If the offender has been previously32045
convicted of an offense under this division, violation is a felony32046
of the second degree.32047

       (C) Whoever violates section 5743.41 or 5743.42 of the32048
Revised Code is guilty of a misdemeanor of the fourth degree. If32049
the offender has been previously convicted of an offense under32050
this division, violation is a misdemeanor of the third degree.32051

       (D) Whoever violates section 5743.21 of the Revised Code is32052
guilty of a misdemeanor of the first degree. If the offender has32053
been previously convicted of an offense under this division,32054
violation is a felony of the fifth degree.32055

       (E) Whoever violates any provision of this chapter, or any32056
rule promulgated by the tax commissioner under authority of this32057
chapter, for the violation of which no penalty is provided32058
elsewhere, is guilty of a misdemeanor of the fourth degree.32059

       (F) In addition to any other penalty imposed upon a person32060
convicted of a violation of section 5743.112 or 5743.60 of the32061
Revised Code who was the operator of a motor vehicle used in the32062
violation, the registrar of motor vehiclescourt shall suspend any32063
for not less than thirty days or more than three years the32064
offender's driver's orlicense, commercial driver's license issued32065
to the offender, temporary instruction permit, probationary32066
license, or nonresident operating privilege. The court shall send32067
a copy of its suspension order and determination to the registrar32068
of motor vehicles, and the registrar, pursuant to the order and32069
determination of the trial judge of any court of record as32070
provided in section 4507.16 of the Revised Code,shall impose a32071
suspension of the same duration. No judge shall suspend the first32072
thirty days of suspension of an offender's license, permit, or32073
privilege required by this division.32074

       Section 2.  That existing sections 9.981, 119.062, 733.40,32075
1547.11, 1547.111, 1547.99, 1901.024, 1901.31, 1905.01, 1905.201,32076
1907.20, 2151.354, 2152.19, 2152.21, 2743.191, 2743.51, 2743.52,32077
2903.04, 2903.06, 2903.08, 2907.24, 2919.22, 2921.331, 2923.01,32078
2923.122, 2925.01, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,32079
2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31,32080
2925.32, 2925.36, 2925.37, 2925.38, 2929.01, 2929.13, 2929.14,32081
2929.15, 2929.16, 2929.17, 2929.18, 2929.19, 2929.23, 2929.41,32082
2935.03, 2935.27, 2937.221, 2937.222, 2937.46, 2937.99, 2951.02,32083
2953.31, 2953.36, 3123.55, 3123.58, 3123.59, 3123.613, 3123.614,32084
3327.10, 3793.02, 3793.10, 3937.31, 4301.99, 4501.01, 4501.022,32085
4501.17, 4501.19, 4501.25, 4503.033, 4503.05, 4503.061, 4503.066,32086
4503.10, 4503.102, 4503.11, 4503.12, 4503.182, 4503.19, 4503.21,32087
4503.231, 4503.233, 4503.234, 4503.236, 4503.28, 4503.30,32088
4503.301, 4503.32, 4503.34, 4503.39, 4503.44, 4503.46, 4503.47,32089
4503.471, 4505.101, 4505.102, 4505.11, 4505.111, 4505.15, 4505.17,32090
4505.18, 4505.19, 4505.20, 4505.21, 4505.99, 4506.01, 4506.02,32091
4506.03, 4506.04, 4506.05, 4506.06, 4506.10, 4506.11, 4506.12,32092
4506.14, 4506.15, 4506.16, 4506.17, 4506.18, 4506.19, 4506.20,32093
4506.99, 4507.02, 4507.022, 4507.023, 4507.05, 4507.06, 4507.061,32094
4507.071, 4507.08, 4507.081, 4507.111, 4507.12, 4507.13, 4507.14,32095
4507.15, 4507.16, 4507.161, 4507.162, 4507.163, 4507.164,32096
4507.167, 4507.168, 4507.169, 4507.1610, 4507.1611, 4507.1613,32097
4507.17, 4507.19, 4507.20, 4507.21, 4507.25, 4507.26, 4507.27,32098
4507.28, 4507.29, 4507.30, 4507.31, 4507.321, 4507.33, 4507.34,32099
4507.35, 4507.36, 4507.361, 4507.38, 4507.45, 4507.50, 4507.52,32100
4507.54, 4507.55, 4507.60, 4507.61, 4507.62, 4507.63, 4507.99,32101
4508.03, 4508.04, 4508.06, 4509.02, 4509.101, 4509.17, 4509.24,32102
4509.291, 4509.33, 4509.34, 4509.35, 4509.37, 4509.40, 4509.42,32103
4509.45, 4509.74, 4509.77, 4509.78, 4509.79, 4509.80, 4509.81,32104
4511.01, 4511.03, 4511.051, 4511.11, 4511.12, 4511.132, 4511.16,32105
4511.17, 4511.18, 4511.19, 4511.191, 4511.192, 4511.193, 4511.195,32106
4511.196, 4511.20, 4511.201, 4511.202, 4511.21, 4511.211,32107
4511.213, 4511.22, 4511.23, 4511.25, 4511.251, 4511.26, 4511.27,32108
4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34,32109
4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41,32110
4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.45,32111
4511.451, 4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49,32112
4511.50, 4511.51, 4511.511, 4511.521, 4511.53, 4511.54, 4511.55,32113
4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62,32114
4511.63, 4511.64, 4511.66, 4511.661, 4511.68, 4511.681, 4511.69,32115
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,32116
4511.73, 4511.74, 4511.75, 4511.751, 4511.76, 4511.761, 4511.762,32117
4511.763, 4511.764, 4511.77, 4511.771, 4511.772, 4511.78, 4511.79,32118
4511.81, 4511.82, 4511.84, 4511.85, 4511.95, 4511.951, 4511.99,32119
4513.02, 4513.021, 4513.022, 4513.03, 4513.04, 4513.05, 4513.06,32120
4513.07, 4513.071, 4513.09, 4513.10, 4513.11, 4513.111, 4513.12,32121
4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 4513.18,32122
4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21, 4513.22,32123
4513.23, 4513.24, 4513.241, 4513.242, 4513.25, 4513.26, 4513.261,32124
4513.262, 4513.263, 4513.27, 4513.28, 4513.29, 4513.30, 4513.31,32125
4513.32, 4513.34, 4513.36, 4513.361, 4513.51, 4513.60, 4513.64,32126
4513.65, 4513.99, 4517.02, 4517.03, 4517.19, 4517.20, 4517.21,32127
4517.22, 4517.23, 4517.24, 4517.25, 4517.26, 4517.27, 4517.40,32128
4517.41, 4517.42, 4517.43, 4517.44, 4517.45, 4517.64, 4517.99,32129
4519.02, 4519.05, 4519.06, 4519.20, 4519.22, 4519.40, 4519.41,32130
4519.44, 4519.45, 4519.52, 4519.66, 4519.67, 4549.01, 4549.02,32131
4549.021, 4549.03, 4549.042, 4549.08, 4549.10, 4549.11, 4549.12,32132
4549.18, 4549.42, 4549.43, 4549.44, 4549.45, 4549.451, 4549.46,32133
4549.62, 4551.04, 4561.11, 4561.12, 4561.14, 4561.15, 4561.22,32134
4561.24, 4561.31, 4561.99, 4563.09, 4563.10, 4563.20, 4582.06,32135
4582.31, 4582.59, 4583.01, 5120.032, 5120.033, 5120.161, 5503.22,32136
and 5743.99 and sections 3123.611, 4503.235, 4503.99, 4507.012,32137
4507.021, 4507.165, 4507.166, 4507.18, 4508.99, 4509.105, 4509.31,32138
4509.32, 4509.99, 4511.83, 4511.991, 4519.99, 4549.99, 4551.99,32139
4563.99, 4582.99, and 4583.99 of the Revised Code are hereby32140
repealed.32141

       Section 3.  The General Assembly hereby recommends to the32142
Supreme Court that it amend the Ohio Traffic Rules that have been32143
adopted under authority of section 2937.46 of the Revised Code to32144
provide procedures to govern felony violations of section 4511.1932145
of the Revised Code.32146

       Section 4.  Sections 1 and 2 of this act shall take effect on32147
January 1, 2004.32148

       Section 5.  Notwithstanding division (B) of section 1.58 of32149
the Revised Code, the provisions of the Revised Code amended or32150
enacted in Sections 1 and 2 of this act shall apply only in32151
relation to conduct and offenses committed on or after January 1,32152
2004. Conduct and offenses committed prior to January 1, 2004,32153
shall be governed by the law in effect on the date the conduct or32154
offense was committed.32155

       Section 6. From any amount appropriated to the Attorney32156
General specifically for this purpose or from any other funds32157
available to the Attorney General that could be used for this32158
purpose, the Attorney General shall develop, print, and32159
distribute, in conjunction with the Ohio Department of Public32160
Safety and the Ohio Criminal Sentencing Commission, training32161
materials for the Ohio Department of Public Safety, law32162
enforcement, and other appropriate persons for the implementation32163
of this act.32164

       Section 7. (A) If, on or after March 31, 1999, a person32165
filed an application in a court that requested the sealing of a32166
conviction record under sections 2953.31 to 2953.36 of the Revised32167
Code, if at the time the application was filed section 2953.36 did32168
not make sections 2953.31 to 2953.35 of the Revised Code32169
inapplicable to the conviction that was the subject of the32170
application, if the person withdrew the application prior to March32171
31, 2001, and if the person refiles an application in the32172
appropriate court within ninety days after the effective date of32173
this section that requests the sealing of the same conviction32174
record under sections 2953.31 to 2953.36 of the Revised Code, all32175
of the following apply:32176

       (1) Divisions (C), (D), and (E) of section 2953.36 of the32177
Revised Code, as they have existed since March 23, 2000, do not32178
apply regarding the application or the determination of whether it32179
should be accepted or granted, and the court may accept and grant32180
the application regardless of whether the conviction that is the32181
subject of the application is a conviction to which any of those32182
divisions, but for the operation of this division, makes sections32183
2953.31 to 2953.35 of the Revised Code inapplicable.32184

       (2) Except as provided in division (A)(1) of this section,32185
the provisions of sections 2953.31 to 2953.36 of the Revised Code32186
that are in effect at the time of the refiling of the application32187
apply regarding the application and the determination of whether32188
it should be granted.32189

       (B) This section shall expire one year after this act32190
becomes law.32191

       Section 8. Section 2152.19 of the Revised Code is presented32192
in this act as a composite of the section as amended by both Sub.32193
H.B. 247 and Sub. H.B. 393 of the 124th General Assembly. Section32194
2923.01 of the Revised Code is presented in this act as a32195
composite of the section as amended by both Sub. H.B. 125 and Am.32196
Sub. S.B. 269 of the 121st General Assembly. Section 2925.03 of32197
the Revised Code is presented in this act as a composite of the32198
section as amended by both Am. H.B. 528 and Am. Sub. S.B. 107 of32199
the 123rd General Assembly. Section 2929.15 of the Revised Code32200
is presented in this act as a composite of the section as amended32201
by Am. Sub. H.B. 349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of32202
the 123rd General Assembly. Section 2929.17 of the Revised Code32203
is presented in this act as a composite of the section as amended32204
by Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B. 22, and Am. Sub.32205
S.B. 107 of the 123rd General Assembly. Section 2929.18 of the32206
Revised Code is presented in this act as a composite of the32207
section as amended by Am. H.B. 528, Am. Sub. S.B. 22, and Am. Sub.32208
S.B. 107 of the 123rd General Assembly. Section 2929.41 of the32209
Revised Code is presented in this act as a composite of the32210
section as amended by both Am. Sub. S.B. 22 and Am. Sub. S.B. 10732211
of the 123rd General Assembly. Section 2937.222 of the Revised32212
Code is presented in this act as a composite of the section as32213
amended by both Am. Sub. H.B. 137 and Am. Sub. S.B. 22 of the32214
123rd General Assembly. Section 4503.10 of the Revised Code is32215
presented in this act as a composite of the section as amended by32216
Am. Sub. H.B. 94, S.B. 31, and Sub. S.B. 59, all of the 124th32217
General Assembly. Sections 4503.233 and 4507.164 of the Revised32218
Code are presented in this act as a composite of the sections as32219
amended by Am. H.B. 80, Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of32220
the 123rd General Assembly. Section 4503.234 of the Revised Code32221
is presented in this act as a composite of the section as amended32222
by both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the 121st32223
General Assembly. Section 4507.38 of the Revised Code, renumbered32224
as section 4510.41 of the Revised Code, is presented in this act32225
as a composite of the section as amended by both Am. Sub. H.B. 35332226
and Am. Sub. H.B. 676 of the 121st General Assembly. Section32227
4511.193 of the Revised Code is presented in this act as a32228
composite of the section as amended by both Am. H.B. 80 and Am.32229
Sub. S.B. 107 of the 123rd General Assembly. Section 4513.99 of32230
the Revised Code is presented in this act as a composite of the32231
section as amended by both Am. Sub. H.B. 138 and Am. Sub. H.B. 60032232
of the 123rd General Assembly. Sections 4582.06 and 4582.31 of32233
the Revised Code are presented in this act as a composite of the32234
sections as amended by both Sub. H.B. 19 and Am. S.B. 137 of the32235
123rd General Assembly. The General Assembly, applying the32236
principle stated in division (B) of section 1.52 of the Revised32237
Code that amendments are to be harmonized if reasonably capable of32238
simultaneous operation, finds that the composites are the32239
resulting versions of the sections in effect prior to the32240
effective date of the sections as presented in this act.32241